Being charged with an offence is stressful, and it affects not only the accused but their entire family. One of the most important things to understand is the bail process, which determines whether the accused can be released while waiting for trial. A defence lawyer can guide families through each step.
What Is Bail?
The primary purpose of bail is to ensure the accused attends court while also protecting the public. Bail is not a determination of guilt or innocence under the Criminal Code.
Step 1: Arrest and Initial Detention
Once a person is arrested, they may be held in custody until their situation is reviewed. The timing of the first appearance varies with the circumstances, but the law does not require detention where it is unnecessary. Families should know that the accused has the right to speak with a lawyer before the bail hearing, and contacting counsel as soon as possible ensures early legal advice.
Step 2: The Bail Hearing
The bail hearing is the first formal opportunity to request release and usually takes place in a provincial court. The process generally includes:
- Presentation of the charges to the accused
- The Crown's position, which may explain why the accused should remain in custody
- The accused's position, presented with the support of counsel arguing for release
- Consideration of conditions, such as reporting to a supervisor, abstaining from certain activities, or avoiding specific individuals; in serious cases a court may impose a curfew or house arrest
The court considers whether the accused is likely to attend future hearings and whether their release poses a risk to public safety or to witnesses. A lawyer can provide documents and information that help the court make an informed decision. Even on a restrictive bail program, release is almost always preferable to remaining in custody.
Step 3: Release or Detention
At the end of the hearing, the judge will either grant bail with conditions, allowing the accused to return home or to another approved location, or deny bail, requiring the accused to remain in custody. A lawyer can assist with reviewing or appealing a denied bail decision.
Step 4: Complying With Conditions
When bail is granted, the accused must follow every condition. Failing to comply can harm the outcome of the case. Common conditions include regular reporting to a supervisor, travel restrictions, no-contact orders, and abstaining from drugs or alcohol.
Step 5: Next Steps After Bail
A lawyer continues to support the accused after release, guiding them through the legal process and helping them understand what to expect.
How a Lawyer Helps Families
- Prepares family members to act as a surety, or supervisor
- Prepares family members to testify at the bail hearing
- Simplifies and explains the bail process
- Attends and represents the accused at the hearing
- Negotiates reasonable conditions with the Crown
The best chance at bail is the first time it is proposed. A bail review after a denial is very difficult.
A bail plan succeeds only when the sureties are competent and strong, and a lawyer can guide families on what to do and what to avoid. To gain insight on what to do the moment a charge happens, contact Robb MacDonald at (416) 315-1505 or email rm@lawintoronto.com.