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Bail /Show Cause Hearings
Difference between a Bail Hearing and a Show Cause Hearing
A Bail hearing is sometimes called a 'show cause hearing' or even a 'judicial interim release hearing,' is a hearing where a judge or justice of the peace decides if an accused can be released from custody while awaiting their trial or appeal.
When Will a Bail Hearing Be Held?
Within 24 hours of your being charged with a criminal offense.
Why Is A Bail Hearing Considered a One-Shot Win/Lose Deal
If you do not succeed at your bail hearing, you may have to remain in custody until your trial. Depending on the jurisdiction, your trial date may be many months away.
What's the Purpose of a Bail Hearing?
For the court to determine whether you should be released back into the community on bail or remain in custody pending your trial.
What Happens At A Bail Hearing?
Bail hearings are like mini-trials. They can be extremely complex, involving calling and interrogating witnesses, as well as the need to cite legal authority (past legal cases relevant to your case) in order to support your arguments for release. Your bail sureties (relatives or friends willing to put up money to guarantee you will appear in court on your trial date) may be examined by the court in great detail. Success is not guaranteed.
What a judge will look at when deciding whether to let you out on bail*?
Your criminal record (if any)
The seriousness of the charges
Your surety's ability to supervise you
Protection of the public and/or the alleged victim
How likely it would be that you will commit further offences if released on bail
Your age and personal life situation
*Not all factors will be looked at in each case. Some things will be more important than others in each individual case.
A Bail Hearing Step-by-Step
Step 1: The Crown Prosecutor presents the allegations to the court
Usually the prosecutor will simply read out the police allegations. However, sometimes the prosecutor will call a witness (or witnesses) to testify in court. This witness will usually be the police officer in charge of the investigation.
Step 2: Your lawyer will present your evidence to the court
Usually this means that you and/or your potential surety (or sureties) will be called to testify before the court. Your lawyer will be trying to convince the court that, if you are released on bail, you will obey your bail conditions and show up in court when required. Your surety (or sureties) must promise the court they will supervise you and guarantee you'll make your court dates and must pay a sum of money to the court if you do not do so.
Step 3: The Crown Prosecutor and Your Lawyer Will Make Final Arguments to the Judge
Both sides make arguments to the Judge or Justice of the Peace.
Step 4: A Decision On Your Freedom Is Announced
Having heard all the evidence, the judge or justice of the peace will then decide whether to release you on bail or keep you in jail until your trial date.
Are My Sureties Required to Testify At My Bail Hearing?
Yes. Sureties are people willing to guarantee your appearance for trial. It is important for both you and your sureties (your proposed bail supervisors) to be prepared for the types of questions they will be asked by the judge or prosecutor. One wrong answer at a bail hearing could potentially make the difference between securing a release and a detention order. Click or Tap on the Bail Surety page for more details.
Can I Avoid a Bail Hearing Altogether?
Yes. In many cases our legal team has been able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms, removing the potential that our client is denied bail by the judge. Avoiding a formal bail hearing saves you money and reduces time spent in custody. Speak to a lawyer for FREE now. (416) 400-6668 24/7.
Optimise Your Bail Hearing Outcome
Hiring an experienced bail lawyer to assist you at your bail hearing potentially improves your chances of success. We ensure that both you and your sureties (your proposed bail supervisors) are prepared for the types of questions they will be asked by the judge or prosecutor. One wrong answer at a bail hearing could potentially make the difference between securing a release and a detention order. Speak to a lawyer for FREE right now. Call (416) 400-6668 24/7.
You Got Bail Problems? We Got Bail Solutions!
Check out a sample of our recent cases:
Case: R. v. O.A.*
Charges: While out on an earlier release order, O.A. was charged with:
1) Fail to Comply with a Release Order
2) Dangerous Operation
3) Failure to Provide a Breath Sample
4) Utter Threats (2 counts)
5) Criminal Harassment
6) Failure to Comply
7) Dangerous Operation of a Motor Vehicle
8) Race Motor Vehicle
9) Failure to Stop for Police.
Result: Released on Bail
Case: R. v. K.I.*
Charges: Conspiracy to commit an indictable offence, where the indictable offences include:
1) Robbery with a Firearm
2) Disguise with Intent
3) Point Firearm
4) Threaten Death
5) Possession of a Weapon
6) Possession of Property Obtained by Crime
7) Unauthorized Possession of Firearm
8) Possession of a Prohibited Firearm with Ammunition
9) Possess Firearm Obtained By Crime
10) Careless use of a firearm
11) Possession of Property Obtained by Crime
Result: Released on Bail
Case: R. v. F.J.*
1) Impaired Driving
2) Two (2) Counts of Possession of Proceeds of Crime
3) Failure to Comply with a Release Order for an earlier Impaired Driving Charge
Story: F.J. was facing charges of DUI and failure to comply with a release order made in relation to possessions of proceeds of crime (2) and failure to comply with an earlier release order made when F.J. was charged with impaired driving.
Result: After a Bail Review, our lawyer secured F.J.’s release from custody!
* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
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