For individuals charged with criminal offences, the initial arrest and detention is a traumatic experience that can be significantly mitigated by an experienced bail hearing lawyer.
Robichaud’s criminal law firm recognizes the anxiety of being charged with a criminal offence, arrested by police, and then held for a bail hearing pending show cause for release back into the community.
Although the bail hearing is one of the first steps taken in a criminal proceeding, it is one of the most important. Under the Canadian Criminal Code, for most purposes a person really only has one real chance at bail. Even though a bail hearing decision can be appealed, losing at an initial bail hearing fundamentally affects that way the reviewing court is going to consider an application for appeal. More troublesome is most appeals of bail hearings can take several weeks to ultimately schedule which means the accused languishes in custody until that appeal date.
A bail hearing is a constitutional right, and having an experienced lawyer can ensure that this right is not ignored.
One judge of the Superior Court of Ontario put the importance of bail hearing in the following way.
The grant or denial of bail implicates not only s. 11(e) of the Charter but also the accused person’s liberty and security of the person interests. Bail is not a privilege. Judicial interim release should only be withheld where it is necessary… Where bail is unjustly denied, there is a miscarriage of justice. It cannot be over emphasized that pre-trial bail rests on the presumption of innocence. – R. v. J.V. (Villota)  O.J. No. 1027 (Ont.Sup.Ct.) Hill J.
As one can see, a bail hearing for people charged with crimes is a complicated matter that have significant effects if not dealt with properly. Although there is some information on the internet about a bail hearing, only an experienced bail hearing lawyer can explain these processes to you and ensure that the accused’ rights are protected to the fullest.
Please contact an experienced bail hearing lawyer at Robichaud’s criminal law firm today at (416) 999-8389 for more information or for one of our criminal defence lawyers to assist you with a bail hearing.