Understanding The Process Of A Bail Hearing

Published: 25th July 2009
Views: N/A

If you are ever arrested, it is important to understand the entire process of a bail hearing, as this event often determines whether you will be detained in jail before their criminal trial or set free during that time. Here, we discuss a few points that cover the basic bail hearing procedure in Toronto, Canada that should help those in need. Of course, this information is no substitute for the advice of a seasoned professional criminal attorney. However, it will point you in the right direction and enable you to proceed purposefully.



When a person accused of a crime enters into a bail hearing, it is the court that ultimately decides who is released or who remains in jail as that person waits for a subsequent criminal trial. However, even before this point-in fact, shortly after arrest-local authorities can decide to allow the accused to leave on their own volition with no bail hearing if they determine that the offender is no flight risk and that the trial will advance normally.



On the other hand, the authorities won't often allow the accused to leave jail if they determine these points:



- The criminally accused may potentially hide or damage evidence that directly connects to the case.



- The identity of the criminally accused is difficult to determine, which may be the case for someone whose ID is fraudulent or is mentally unstable.



- The criminally accused may potentially carry out additional criminal acts or repeat the very same crime that they were just arrested for.



There are a few definitive factors that the court takes into consideration when it decides whether an accused criminal can be allowed to leave jail. The first, of course, is simply being sure that the accused will show up for the eventual trial. In addition to the court's concern for potential repeat criminal acts by the accused, there is also the public to deal with. There is strong public interest in many criminal cases, especially those that involve murder, assault or endangerment. Often, the court has to be satisfied that the local populace will not be insulted by, or resentful of, those who are accused and set free unnecessarily.



Typically, it is the obligation of the court to prove whether anyone accused of a crime should or shouldn't be allowed to leave jail on bail. In other, rare cases, the accused must prove why they should be let go. This is generally because they have committed another serious crime for which they have already been freed on bail. Also, those who are foreign residents typically have to prove their case to the court to be allowed bail, as well. Most of the time, such accused people are defended by a criminal attorney.



When a person accused of a crime comes to a bail hearing, they are formally identified and criminal charges and circumstances are described by the court or criminal defense lawyers, as well as prosecuting attorneys. In the hearing, the accused will need what is referred to as a "surety"-essentially a person who will supervise the accused and make certain that the accused will follow procedures required by their bail agreement before their criminal trial begins. While many who are accused can act on their own if they receive bail, in some cases the individual providing the surety must live with them during the pre-criminal trial period.



Of course, the other important component is money. The surety provider must prove that they have money or something of high value, which will be surrendered to the court if they do not follow the instructions required of them while supervising the accused. While the surety provides proof of their ability to pay the full bail using such documents as a bank statement or land ownership records, only rarely must they pay the full amount to the court.



How much of the surety provider's valuable properties or assets must be presented to the court depends largely on the type of charges brought up against the accused; how well the surety will supervise the accused; if the accused has any past criminal activities recorded; and what the financial status of the surety is. In court, the surety often has to provide a detailed outline of what they will do with the accused during the pre-trial time after bail is set. The surety is scrutinized as much as the accused and usually must prove their worth and established relationship with the accused. Generally, it is the judge who decides on a case-by-case basis how may sureties and how much bail pledge is needed to release anybody accused of a crime.



If a surety is unable to attend a hearing for bail, often the bail hearing can be delayed or set to another date in the future. This can be done several times. Since a lawyer is usually in attendance with the accused, of course, it is best to straighten out the bail proceedings right away, as this will incur more cost to the defendant and require more time in jail.



In the case of bail being denied the accused, the accused and her legal team has to appeal to the Superior Court in order to have the bail hearing looked at by a judge of greater authority.



Ultimately, it is always best to consult and enlist the help of a good criminal lawyer in order to prepare anyone accused of a crime before they enter the crucial court proceedings of a bail hearing.Kostman Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not all ontario lawyers are created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success. Visit online today.

Report this article Ask About This Article


Loading...
More to Explore