Bail Hearings Defence
Expert Legal Representation for Bail Hearings Across Canada
Facing a Bail Hearing in Canada?
Bail hearings are a critical stage in the criminal justice process, determining whether you will be released from custody while awaiting trial. Mota Law Firm provides expert legal representation to help secure your release and ensure your rights are protected during bail hearings.
What is a Bail Hearing in Canada?
A bail hearing is a court proceeding where a judge or justice of the peace decides if an individual charged with a crime can be released from custody until their trial. Under the Criminal Code of Canada, the accused is entitled to a prompt bail hearing, usually within 24 hours of their arrest. During the hearing, the court considers several factors, including the nature of the charges, the accused's criminal history, ties to the community, and the likelihood of appearing for future court dates.
Factors Considered in Bail Hearings
The court assesses three main factors when deciding whether to grant bail:
Primary Ground: Ensuring the accused will appear in court as required.
Secondary Ground: Protecting the safety of the public, especially in cases involving violent crimes.
Tertiary Ground: Maintaining public confidence in the administration of justice, particularly in high-profile or serious cases.
Possible Outcomes of a Bail Hearing
The possible decisions at a bail hearing may include:
Release on Own Recognizance: The accused is released without a financial guarantee but must comply with certain conditions.
Release with Surety: A person (the surety) provides a financial guarantee and pledges to ensure the accused complies with bail conditions.
Cash Bail: The court may require a sum of money to be deposited as a security for the accused's compliance.
Detention: If the court denies bail, the accused will remain in custody until the trial.
What to Do If You Have a Bail Hearing?
If you are facing a bail hearing, it’s important to:
Seek Legal Representation: Having a lawyer present is crucial to effectively argue for your release.
Prepare Sureties: Identify individuals who can act as sureties and are willing to provide financial guarantees.
Contact Mota Law Firm: Our experienced team will prepare a compelling case for your release, addressing the court’s concerns and demonstrating your commitment to comply with all conditions.
