When someone is arrested, one of the most immediate questions is whether they will be granted bail. Bail hearings are a pivotal part of the Canadian criminal justice system.
These hearings determine whether an individual can be released from custody while awaiting trial or whether they must remain behind bars. Understanding how bail hearings work can have a huge impact on the outcome of a criminal case.
This blog post will walk you through the importance of bail hearings, how they work, and why having a skilled criminal defence lawyer is essential for your case.
What Is A Bail Hearing?
In simple terms, a bail hearing is a legal process where a judge decides whether someone accused of a crime should be allowed to leave custody before their trial. The key goal of a bail hearing is to assess whether the accused person is a flight risk or poses a danger to the public.
If the judge believes that releasing the person on bail would not cause harm, they will set conditions for their release. On the other hand, if the judge believes the person might flee or pose a threat to public safety, they may deny bail.
The Role Of A Criminal Defence Lawyer In Bail Hearings
A criminal defence lawyer is vital to the success of a bail hearing. These professionals understand the nuances of the legal system and will advocate for the accused person during the hearing.
Here’s what a criminal defence lawyer does during the bail hearing process:
Preparing The Case
Your lawyer will carefully review the case details. This includes gathering important evidence such as character references, proof of community ties, and any other information that could strengthen the argument for bail.
Arguing For Bail
The lawyer will present the best arguments to the judge. They will show why the accused person is not a flight risk and why releasing them would not endanger public safety. This includes highlighting the accused’s positive background like stable employment, family responsibilities, or a clean criminal record.
Negotiating Bail Conditions
Sometimes, even when bail is granted, the judge will set conditions (such as curfews or travel restrictions). A criminal defence lawyer can negotiate these conditions, striving to make them as reasonable as possible for the defendant.
Ensuring Fairness
The criminal defence lawyer ensures that the accused’s rights are protected throughout the process. They ensure that all legal procedures are followed correctly and that the accused is not unfairly treated or held without just cause.
What Happens During A Bail Hearing?
Typically, the bail hearing takes place within 24 to 48 hours after the arrest, depending on the seriousness of the charges.
This rapid process is meant to ensure that individuals aren’t held in custody for too long without a decision being made. During the hearing, both the Crown (prosecution) and the defence will present their arguments.
The Crown’s Position
The Crown’s goal is to argue against granting bail. They may argue that the accused person poses a risk to the public or that they are likely to flee. They can present evidence, such as the severity of the crime, past criminal behaviour, or any signs that the person might not return for their trial.
The Defence’s Position
The defence will argue that the accused should be granted bail, presenting factors that minimise the risks. These could include ties to the community, such as family, work, or property ownership. The defence will also highlight the accused’s clean criminal history or any other factors that show they are not a flight risk.
The Judge’s Decision
After hearing both sides, the judge will make a decision. If they believe that the individual poses no threat and is likely to appear for trial, they will grant bail. If they find the individual too dangerous or likely to flee, they will deny bail.
Factors That Affect Bail Decisions
Several factors influence the judge’s decision on whether to grant bail. Some of these include:
Severity Of The Charges
Serious criminal charges often lead to a higher chance of bail denial. For example, charges related to violent crimes such as murder or aggravated assault are more likely to result in a denial of bail. This is especially true when public safety is a concern.
Criminal History
If the accused has a previous criminal record, especially one that includes failing to appear in court or reoffending, the judge may be less inclined to grant bail. The judge will consider whether the accused is likely to comply with bail conditions or whether they are a repeat offender.
Flight Risk
If the judge believes that the accused may attempt to flee the jurisdiction to avoid prosecution, they may deny bail. However, a criminal defence lawyer will argue for the accused’s strong ties to the community, such as family, employment, or property ownership, to show that they have no reason to flee.
Public Safety
If the accused is considered a danger to public safety, such as in cases involving violent crime, weapons, or high-risk behaviour, the judge may decide that the individual should remain in custody. This is particularly true when the charges involve harm to others.
Community Ties
Ties to the community are one of the most important factors in a bail decision. The stronger the defendant’s community ties (e.g., family, job, residence), the less likely they are to flee, and the more likely the judge is to grant bail. A criminal defence lawyer will often highlight these ties during the hearing.
Risk Of Reoffending
If there is a risk that the accused might reoffend while on bail, this could lead to the denial of bail. The defence may argue for conditions (such as house arrest or monitoring) that mitigate this risk.
The Consequences Of Bail Denial
If bail is denied, the accused person will remain in custody until their trial or until the decision is revisited at a later date. Denial of bail can have serious personal, professional, and financial consequences.
It can lead to lost wages, disrupted family life, and the psychological toll of being in jail. According to the Canadian Charter of Rights and Freedoms, individuals have the right to be presumed innocent until proven guilty (Section 11(d)).
However, denying bail means that someone might face prolonged pre-trial detention, which could have significant impacts on their well-being.
Bail Conditions And Their Impact
If bail is granted, the judge will typically impose conditions to ensure that the accused attends their trial and does not pose a risk to public safety. Some common bail conditions include:
- Travel Restrictions: The accused may not be allowed to leave the jurisdiction without the court’s permission.
- Curfew: The individual may be required to stay at home during certain hours.
- Electronic Monitoring: The accused may have to wear a bracelet that monitors their movements.
- Surety: A third party may need to pledge money to ensure the defendant’s appearance in court.
- No Contact Orders: The accused may be prohibited from contacting specific people involved in the case, such as witnesses or victims.
Hire an Expert Criminal Defence Lawyer For A Bail Hearing
Having an experienced criminal defence lawyer by your side during a bail hearing is crucial. The lawyer will help ensure that your rights are protected and that you have the best possible chance of securing bail.
A skilled lawyer knows the ins and outs of the criminal justice system and can present the strongest possible arguments in your favour. At Daryl Royer Criminal Law, we are committed to providing expert legal representation for clients facing criminal charges in Edmonton and surrounding areas.
By hiring us, you can:
- Receive expert legal advice on how to proceed with your bail hearing.
- Have someone fight for your rights and argue for fair bail conditions.
- Have the best chance of being released while awaiting trial, which can positively impact your case and life.
Contact us today! Reach out to Daryl Royer Criminal Law for personalized legal assistance. Let us guide you through the complexities of the criminal justice system with confidence.