Bails Reviews Lawyer
What is a Bail Review?
If you are arrested for a criminal offence, and the police don’t release you on an undertaking, you’re entitled to a bail hearing within 24 hours or soon thereafter in the Ontario Court of Justice. Your bail hearing is one of the most significant steps in the criminal court process, which is why it’s advisable to have an experienced and knowledgeable defence lawyer by your side.
Depending on the charges against you, the case presented by the prosecution, and your defence preparation, the presiding Judge or Justice of the Peace may decide to hold you in custody until your case is resolved or goes to trial. However, one can choose to appeal to the Superior Court of Justice to review the detention order in a process referred to as Bail Review.
Unlike a bail hearing, a bail review is more complicated and takes longer. It requires ample preparation of all the necessary documents, including affidavits, transcripts of the original bail hearing, and the charging document. It also requires adequate preparation of the surety and the accused person for the new hearing. Such an intricate process requires an expert bail review lawyer in Toronto.
Get in touch with Zamani Law at (647)493-2808 for a free, no-obligation consultation.
Reasons for Bail Review
Unlike the original bail hearing, a bail review is not guaranteed right. Once you submit your request to the Supreme Court, they’ll choose to offer you a new hearing only if your application meets the set requirements for a bail review.
For the Court to consider your application, you must explain vividly the reason you want a bail review and prove that:
- Material circumstances have changed: offer proof that something has changed since your original hearing, making your bail hearing more suitable. Some significant changes include finding a new surety, withdrawal of the charges against you, resolution of the charges against you, and the discovery of new evidence that challenges the charges against you.
- Error in law was made during your original bail hearing: if the presiding Judge made an error in law, the Supreme Court of Justice could consider your application for a bail review.
If the Supreme Court of Justice decides to grant you a new hearing, they’ll consider the issue raised and handle the proceedings of the bail review. During the new hearing, the presiding Judge or Justice of the Peace might support the prior detention order or release you from custody. This is dependent on the case your defence presents, which is why retaining an experienced bail hearing lawyer is essential.
Feel free to contact us today to schedule a free evaluation of your case with one of the criminal defence lawyers at Zamani Law.
Contact Us for A Free Bail Review Consultation
Were you denied bail during your initial bail hearing? If so, you might still have a chance to fight for your release through a bail review in the Superior Court of Justice. It’s important to retain an experienced bail review lawyer as this process is complex and requires lots of preparations to ensure that your request for a hearing is granted, and to stand a better chance of getting released.
At Zamani Law, we have helped numerous persons prepare for bail reviews and get released pending trial. Contact us today, and we’ll start working on your case immediately.
Bail Review FAQs
Can the Crown request for a bail review?
The thing about bail review is that both the defence and the prosecution can file an application to the Supreme Court of Justice requesting a review of the decision made during the original hearing. The Crown Attorneys can apply for a bail review in cases where the accused was released, but they disagree with the decision. In such situations, the Crown pushes to have a new hearing to convince the Court why the accused should be placed in custody.
Can I still be denied bail during a bail review hearing?
Yes. The Superior Court of Justice agreeing to a bail review doesn’t guarantee release from custody. If the Judge or Justice of the Peace finds that the detention order issued during your original hearing was reasonable and justified, they can refuse to grant you bail. This is why it’s requisite to retain an extensively experienced criminal defence lawyer for your bail review.
What are some reasons to be denied bail?
During a bail hearing, the accused may be denied bail if:
- They were allegedly involved in a violent crime
- Previous criminal records – suggests that they’re likely to re-offend
- Your release puts another person or the public in danger
- The Judge doesn’t trust that you’ll appear in Court as required
- You’re a flight risk
What are the consequences of being denied bail?
Being denied bail will negatively impact your life and that of your family in different ways. First, being detained makes it exceedingly difficult to work with your criminal defence lawyers on the possible defence strategies, witness statements, and more.
Then, being in custody takes away your ability to work and provide for your family. It also means that you can’t earn some money to cover your legal fee, which might derail your entire case.
Spending months in custody without having been convicted of a crime is disastrous. It’s better to be released with restrictions as you can spend time with your family, work, and plan your defence with your attorney. This is why you should retain an experienced bail hearing lawyer to help you get released as you await trial. If the Ontario Court of Justice denies your bail hearing, you should work with an expert attorney to plan for a bail review.
Why seek bail review?
If you’re denied bail, you might spend years in jail waiting for your trial, which affects your life, including employment and family, in devastating ways. The time you spend in custody before trial might even be more than the sentence imposed if convicted. For this and other reasons, you should challenge the detention order issued through a bail review.
If you’re looking to apply for a bail review, get in touch with our lawyers for a free, no-obligation consultation.
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What Clients Say Farid
I called Mr. Zamani not knowing what to do. Never having been in a situation like this before I was terrified. A family member needed my help and I needed his help. Mr. Zamani put me at ease with the first conversation. His is extremely professional, compassionate and knowledgeable. He was in constant contact with updates to help ease anxiety. Lawyer can be intimidating, but I feel safe and secure with Mr. Zamani. Thank you for your expert help and kindness. I highly recommend Mr. Zamani to navigate such challenges in life. Thank you!!!- Heidi van Vlymen