Tag : Criminal law

How Does a Criminal Lawyer Help In Bail Hearings?

When you are convicted of any criminal charge, the first thing that you will need to do is to look out for a criminal lawyer. The reason to take the help of a criminal lawyer is that when a person is charged of criminal conviction, it can totally ruin their life. A criminal conviction can lead to serious consequences, such as jail term and severe penalty.

However, when a person is arrested, then the criminal lawyer Toronto will appear before the judge in order to determine if the defendant can be released on bail or not. Basically, this is done at bail hearings and during the bail hearing, the charges are read out. Once the charges are read out, the judge will decide the amount of bail amount which needs to be given in the form of bail bond.

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Criminal Lawyers Can Help with Bail Hearings

In Canada, everyone has the right to get reasonable bail without just cause. Even though, it may sound easy, the process of getting a bail and bail hearing is not that easy. The process of bail hearing and bail process is very complicated. Thus, taking the help of a legal representation is very easy.

When you are arrested, you can easily get release from them on the spot or after some time. In case, they don’t release you, then you will need to take the help of criminal lawyer Toronto. They can prepare you for your bail hearing. For this, they will try to determine your case and prepare all paper for bail hearings. For instance, in case you are convicted of 1st time DUI offence, then the lawyer can request the judge to release you on bail.

Usually, the Crown can release the accused on bail on following grounds. They are:

  • Whether detention is necessary so that the accused can appear to court as required?
  • Whether Detention is necessary to protect the public and also because they don’t commit other offences
  • Detention is necessary in order to maintain society’s confidence within the justice system.

In case, a person is denied bail, then the criminal lawyer Toronto can get prepared to put forward arguments to counter the claims put forward by them. For instance, in case the Crown states that the person is not being provided because he/she will not appear in Court. Then the lawyer will try to prove the client is having strong ties with the Community.

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Finding a Guarantor

One important strategy that criminal lawyer Toronto often takes for client’s bail hearing is to find a person who can act as a surety or guarantor. When the guarantor takes the responsibility of the accused, the court might provide bail to the accused. This is because the surety takes the responsibility of ensuring that the person will appear in court.

On the day of bail hearing the accused and the surety will come to court. The guarantor may be asked questions by the Crown and the Defense. Once the judge and the Crown becomes assured that the guarantor is aware of the duties of a surety, the judge can decide whether to give a bail or not. Criminal lawyer Toronto can guide the accused and guarantor the way to answer the questions so that bail can be achieved.