Bail hearings are among the most critical stages of the criminal justice process. Being released on bail can mean the difference between spending months in jail awaiting trial and being able to prepare your defense while maintaining your job, family, and community ties. Our experienced criminal defense lawyers specialize in bail hearings and have successfully secured release for clients facing serious charges.
Bail, also known as judicial interim release, is the process of securing the release of an accused person from custody while they await trial. The court must balance the accused's right to liberty with public safety and the proper administration of justice.
• Primary Ground: To ensure attendance in court
• Secondary Ground: To protect public safety
• Tertiary Ground: To maintain confidence in the administration of justice
• Prepare comprehensive release plans
• Present strong sureties and conditions
• Challenge Crown's evidence and arguments
• Argue for reasonable conditions
• Present evidence of community ties
Bail hearings require immediate action and strategic planning. Our team has extensive experience in securing release for clients facing serious charges and understands the factors that influence bail decisions.
If bail is denied at the initial hearing, you have the right to apply for a bail review. This is a second chance to secure release, often with new evidence or arguments that were not available at the first hearing.
• New evidence not available at first hearing
• Change in circumstances
• Legal errors in the original decision
• Unreasonable conditions
• New sureties or release plan
• Analyze the original bail decision
• Identify new evidence or arguments
• Prepare comprehensive review application
• Present compelling oral arguments
• Challenge Crown's position effectively
Our team has successfully secured release for clients at bail review hearings, even in cases where bail was initially denied. We understand what it takes to win at the review stage.
A surety is a person who agrees to supervise an accused person while they are on bail. The surety pledges money and agrees to ensure the accused follows their bail conditions and attends court.
• Reside at a specific address
• Report to police regularly
• No contact with complainants or witnesses
• Curfew restrictions
• No possession of weapons or drugs
• Employment or education requirements
• Help find suitable sureties
• Prepare surety evidence
• Negotiate reasonable conditions
• Challenge unreasonable conditions
• Ensure conditions are clear and enforceable
• Must be 18 years or older
• Canadian citizen or permanent resident
• No criminal record
• Stable employment and residence
• Willing to pledge money
In reverse onus cases, the accused must prove why they should be released on bail, rather than the Crown proving why they should be detained. This applies to serious offenses and repeat offenders.
• Firearms offenses
• Drug trafficking
• Organized crime offenses
• Offenses committed while on bail
• Serious violent offenses
• Present compelling release plans
• Challenge the reverse onus presumption
• Present evidence of rehabilitation
• Argue exceptional circumstances
• Demonstrate strong community ties
Reverse onus cases are among the most challenging bail hearings. Our team has successfully secured release in reverse onus cases and understands the strategies needed to overcome the presumption against release.
Violating bail conditions is a serious criminal offense that can result in immediate arrest, detention, and additional criminal charges. This includes failing to attend court, violating curfew, or contacting prohibited persons.
• Failing to attend court
• Violating curfew
• Contacting complainants or witnesses
• Possessing prohibited items
• Failing to report to police
• Changing residence without permission
• Challenge the violation allegation
• Argue reasonable excuse
• Present evidence of compliance
• Negotiate new bail conditions
• Argue for release despite violation
• Additional criminal charges
• Revocation of bail
• Detention until trial
• Impact on future bail applications
• Criminal record
We provide emergency bail services for clients who have been arrested and need immediate legal representation. Our team is available 24/7 to assist with urgent bail applications.
• Weekend or holiday arrests
• After-hours bail hearings
• Urgent bail reviews
• Emergency surety applications
• Immediate legal advice
• Immediate consultation and assessment
• Rapid preparation of bail materials
• Emergency surety arrangements
• 24/7 court attendance
• Continuous client communication
When you're facing detention, every minute counts. Our team has the experience and resources to provide immediate, effective bail representation when you need it most.
If you or a loved one has been arrested, don't wait. Contact our experienced bail lawyers immediately for urgent legal assistance.