BAIL LAWYER TORONTO, NEWMARKET, BRAMPTON, MILTON, GUELPH, KITCHENER, HAMILTON, NIAGARA (ST. CATHARINES), AND WOODSTOCK
The most important part of a expert criminal defence is obtaining a speedy bail. It is essential you speak to a lawyer with the necessary expertise and contacts in the criminal justice system to secure your bail as quickly as possible. The team at KIVLAW Barristers are widely regarded as some of the best bail lawyers in Ontario. Robert Kivlichan and his team have run countless bail hearings in the Ontario Court of Justice (OCJ) and the Superior Court of Justice (SCJ).
If you or a loved one is under investigation or arrest for a crime, Robert Kivlichan often negotiates with the police to secure your release from the police station without the need to have a bail hearing at court.
There are some cases where the police will require a bail hearing upon arrest rather than a release an accused person from the police station. Robert Kivlichan’s primary objective at a bail hearing is to ensure that his clients get out of jail so that they can resume a vital place in the lives of their families and communities.
Our success rate at bail hearings is unsurpassed and includes hard-fought victories for every type of criminal offence including first degree murder involving a firearm.
Hiring the team at KIVLAW Barristers to assist you at a bail hearing will significantly improve your chances of success. As a recognized authority on the law of bail, the team at KIVLAW Barristers will ensure that all of the proposed bail supervisors (“sureties”) are properly prepared for the types of questions they will be asked at a hearing by the judge or prosecutor. One wrong answer at the bail hearing can often be the difference between securing a release and a detention order.
The vast majority of the time, Robert Kivlichan and his team are able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that his clients may be denied bail by the judge. Most importantly, avoiding a formal bail hearing saves the client money and time spent in custody.
Choosing the wrong lawyer for bail can have disastrous consequences for the accused and their families. It could result in weeks or even months spent in jail without ever having been convicted of a criminal offence. It is essential anyone charged with a crime chooses the right bail lawyer.
Why a Bail Hearing?
For most criminal offences throughout Ontario, the police have the choice to release an accused person from the station on what is known as a “Promise to Appear.”
However, the police will generally hold a person for a bail hearing where they have concerns on one or more of the following grounds:
- the police need to establish the accused person’s identity;
- the police believe the accused will destroy evidence relating to their investigation;
- the police believe the accused will commit further criminal offences if released from custody; and,
- the police believe the accused will not show up for court.
What happens at a bail hearing?
At a bail hearing, the court will decide whether or not the accused person should be released from jail while they await their trial.
How does the Court decide who to release on bail?
When deciding whether or not to release an accused person on bail, the court will try to answer the following questions:
- Will the accused attend court as required or does the accused present a flight risk:
- What is the likelihood the accused will commit further offences while on bail?
- If the accused is granted bail, will the public be offended or lose confidence in the justice system as a whole?
The onus is generally on the prosecutor to show why the accused should not be released on bail. In some situations, however, the onus is reversed and it is the accused who must show why he should not be detained in jail while awaiting trial.
What are Sureties?
At the bail stage, the person charged will sometimes need friends or family to come to court and act as sureties.
A surety is somebody willing to supervise the accused person while on bail and is responsible for ensuring that the accused follows all of the court-imposed conditions. The accused may be required to live with the surety and/or the surety may be required to post a monetary sum to the court. More specifically, the surety may need to pledge a certain amount of money to secure the accused person’s release. Most often, the monetary pledge is not deposited with the court; rather, the surety is liable for the sum pledged if the accused breaches the bail. This monetary pledge ensures that the surety will properly supervise the accused person.
Most often, the surety need only establish that they have access to the amount of money being pledged and need not deposit the money with the courts. Bank book statements or property deeds are examples of ways the surety can prove their assets to the Court.
Amount of Money and Number of Sureties
The amount of sureties and money to be pledged can vary depending on the following factors:
- the number of criminal charges;
- the type of charges;
- the financial situation of the surety;
- the surety’s ability to supervise the accused;
- whether the accused has a prior criminal record; and, if so,
- the extent of the record.
Each case is specific and the decision of how many sureties and how much money pledged to the Court is ultimately a decision for the Judge or Justice.
A surety is often required to testify in Court about their plan to supervise the accused. One of the most important roles a defence lawyer has at the bail hearing stage is to ensure that potential sureties at the bail hearing are adequately prepared to testify in court.
The sureties should know ahead of time what questions will be asked of them by the defence lawyer and the prosecutor. One wrong answer to any of the questions asked in Court could derail the entire hearing and result in a Detention Order (DO). Experienced criminal lawyers such as the team at KIVLAW Barristers know what questions will likely be asked at a bail hearing and can prepare sureties ahead of time for the “tough” questions. A well prepared surety is often the difference between success and failure at the bail stage.
What Evidence at a Bail Hearing?
The prosecutor may present a wide range of information about the accused person and the offence(s) they are charged with. The team at KIVLAW Barristers frequently prevent the names of accused person(s) and information about the charges from being published in local media. Our priority is always to privacy and safety of our clients.
What are the Possible Conditions on Release?
Court-imposed bail or release conditions dictate what an accused person can or cannot do while awaiting the outcome of their criminal case. The following are but some examples of conditions the court can impose:
- a requirement to report to a police station on a regular basis;
- remain away from a specific area or location;
- maintain a curfew;
- notify the police of any change in address;
- abstain from communicating with any victim, witness or other person identified in the order; or,
- any other conditions that a judge imposes.
What Happens if I Lose the Bail Hearing?
In the event of a detention order (denial of bail), the accused will have to bring a special application to the Superior Court of Justice to have his detention order reviewed by a higher level of Judge.
How Can I Change my Bail Conditions?
Once the team at KIVLAW Barristers secures your release and you return to living your normal life, frequently the Court-imposed conditions become too onerous or restrictive. Robert Kivlichan and his team often work with the Crown to change the conditions of release.