BAIL HEARING

OVERVIEW

Bail hearing is one of the first critical issues in any criminal process. It is also referred to as a “show cause hearing” or officially as a “judicial interim release” hearing. If you, a family member or friend is arrested on a charge and the police do not release you from the station, getting in contact with the office of Sack (Q.C.) and Bogle Law is of the utmost importance.

A “bail hearing” is the process whereby you are held in custody by the police and brought before a Judge or Justice of the Peace within 24 hours of arrest. Every individual has a constitutional right to a prompt bail hearing. If an individual in custody is not brought forward within that time span for whatever reason, you can count on the Law Office of Sack (Q.C.) and Bogle Law to bring an application to bring you or your loved one immediately before the court for release. This application is known as a “Habeus Corpus Application”.

At a bail hearing, a Judge or Justice of the Peace will decide whether or not a person charged with an offence should be released or held in custody pending trial. Having proper representation and a program of supervision is very important. Without a proper program and a suitable “surety”, a person could be waiting in custody for over one year. At Sack (Q.C) and Bogle Law, we make sure we prepare you and those closest to you for the uneasy task of testifying and arranging a proper program of supervision.

If you or a loved one is arrested and detained, contact Sack (Q.C.) and Bogle Law at your earliest convenience.

WHAT IF MY BAILING HEARING IS NOT SUCCESSFUL?

There are no guarantees in a bail hearing; even the most detailed program with the most prepared sureties could result in the detention of the accused. However, with that being said, there is no chance of gaining release for a person facing serious charges without a detailed program and prepared sureties. If an accused person is detained following a bail hearing, an application for a review of the detention order can be made 30 days after the previous hearing, provided information required for the application is obtained (i.e. transcripts of the prior bail hearing and the information). This is known as a “Bail Review”. This is a much more costly and involved process, which can result in the accused persons release from custody.

For the Bail Review process to be successful, the evidence will have to demonstrate an error in law regarding the detention at the original bail hearing and/or a material change in circumstances. If the accused person is a Young Person, he/she is entitled to a new bail hearing also known as a “Bail De Novo” without having to wait for the production of transcripts.

Given the higher standard for release at a Bail Review hearing, it is important that you obtain qualified counsel to prepare and advocate for your release at the first bail hearing following your initial arrest. Contact the qualified and experienced legal professionals at Sack (Q.C) and Bogle Law to help guide you through the process.

SURETY

A surety is someone who agrees to take responsibility for a person accused of a crime. Being a surety is a serious commitment. As a surety, you are responsible for ensuring that the accused attends court as required until the case comes to an end. You can withdraw from being a surety at any time. Essentially, you enforce the will of the court with respect to the accused ensuring that he or she obeys their conditions of release while they are not in custody.

If you suspect or witness the accused person breaching his or her conditions of release you are to contact your local Police Division immediately and report the accused. Failure to do so could result in a forfeiture of any money that you pledge as a surety to the court in a separate proceeding known as an “estreat hearing”, where you will be called upon to explain why you failed as a surety. In more serious cases more than one surety will be required to address the court’s concerns regarding the release of an accused.

  • ACCEPTABLE SURETY

As indicated, this is a very critical step in the criminal process. The price you pay will depend on the charge, and the preparation for the hearing will be an involved process requiring you to meet with your lawyer at least once before proceeding. It is incumbent upon your lawyer to ensure that this process is done correctly the first time. Therefore, Sack (Q.C.) and Bogle Law will not accept the following as suitable sureties:

  • A person with a criminal record with a recent entry (under 5 years).
  • Residents outside of Ontario are permitted to be a surety so long as money is paid directly into the court.
  • A person that has any crimes of dishonesty, such as fraud or perjury.
  • Co-accused on the same charge or a different charge.
  • A person under 18 years old.
  • A person who is already surety for another person.
  • A non-resident of the province.
  • The alleged victim of the accused.
  • A person who has made a statement to the police regarding the facts relating to which the accused is currently charged.

These restrictions/limits on who can be a surety will help us ensure that the surety that is brought before the court for your bail hearing is one that is suitable, acceptable and favourable for your release. If none of the above applies to you, please complete the following form and make arrangements with our office as soon as possible so that we can be of assistance. SURETY FORM

If you or someone you know has been charged with an offence and has not been released following their arrest, contact Sack (Q.C.) and Bogle Law today for assistance.