Bail Hearings:

Question: What should I expect at a bail hearing in Ontario, and who can help me prepare the bail plan within 24 hours of arrest?

Answer:   Lo Greco Law can help you understand the bail hearing process, prepare a credible bail plan for the Crown’s review, and represent your interests before a Judge or Justice of the Peace with 30+ year experienced lawyer services and LSO tribunal representation across Ontario.   A bail hearing is the court process that decides whether you are kept in jail or released back into the community while your criminal case is ongoing.   If you have not been released after arrest, you have a right to be brought to court for a bail hearing within 24 hours or as soon as possible, and during the hearing you can explain why release is appropriate.   If release is granted, strict conditions may be imposed, and any breach can lead to arrest and return to jail, with added risk of further charges.   The court typically considers where you will live, who will supervise you, what conditions are reasonable (such as curfew, work, or schooling), employment details, any drug or alcohol concerns, and whether court attendance may be missed, and detention is generally tied to meeting narrow grounds.   For practical preparation and representation, call (416) 488-4110 today.

What is a Bail Hearing?

A bail hearing is a legal proceeding wherein a Judge or Justice of the Peace determines whether or not an accused person should be kept in jail or be released back into the community while the criminal case in ongoing in Court.

If an accused person has not been released following arrest, they have the legal right to be brought to Court for a bail hearing within twenty-four (24) hours of their arrest, or as soon as is possible.

During the bail hearing, the accused has the opportunity to provide reasons to the Court for why they believe they should be released.  A Judge or Justice of the Peace will then decide to release the accused on bail or keep them in jail to wait for the next Court date.  If the accused is released, there will be conditions attached to that release, and it is very important that they are followed as they are written.  Any breach of any condition could lead to the accused being arrested and returned to jail, and with a likelihood of additional charges for the breach.

Preparing for the Bail Plan

Here is a list of things that the Crown Attorney will review when considering whether to release the accused:

• Where the accused will be residing;
• Who will supervise the accused;
• What release conditions will be reasonable (i.e., a curfew, work, or schooling to be considered);
• Information about the accused's employment;
• Whether there are drug or alcohol concerns; and;
• Whether Court attendances might be missed.

If an Accused is Detained

Detention can only be deemed necessary on three (3) grounds:

1. The accused may not attend Court when required;
2. The accused may commit another crime or the public may not be safe while out on bail; and,
3. The public may lose confidence in the justice system if the accused is released.

It is important to prepare properly for a bail hearing because if the Judge or Justice of the Peace determines that an accused should be detained, it is not possible for a second bail hearing to be held.