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Why Am I being Detained For a Bail Hearing?
The police look at different factors when deciding whether to release or hold you for a hearing in bail court. For example, they might look at whether you have a criminal record, the seriousness of the charges, if you are facing other charges, or if they believe you may not show up for your court date.
Reasons Why You Are Being Detained
When the Police have detained you for a bail hearing it's usually for one (or more) of the following reasons:
You are believed to be a flight risk*
You are believed to be at risk of re-offending*
There is very strong evidence that you have committed a serious offence*
You are charged with an offence while on release from a previous charge**
You have been charged with importing or trafficking heroin, cocaine or any other Schedule 1 substance**
You are not a resident of Canada**
You are charged with terrorism or association with a criminal organization**
You are charged with failure to attend court, failure to comply with a court-ordered undertaking, or failure to appear notice**
You have been charged with a Section 469 offence (such as murder)**
*Reasons 1-3 are reasons where the prosecutor must show the court why you should not be released.
**Reasons 4-9 are what is called 'show cause or reverse onus reasons' where you have to convince the court why you should be released.
Can I Avoid a Bail Hearing Altogether
Yes. In many cases Toronto Criminal and DUI Lawyers have been able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms, removing the potential that a 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. Call (416) 400-6668 24/7.
Optimize Your Bail Hearing Outcome
Hiring an experienced bail lawyer to assist you at your bail hearing significantly 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 can often 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 denied bail when represented at his original bail by a different lawyer. F.J. was facing charges of DUI and failure to comply with a release order made in relation to and possession 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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