Bail Hearings Faqs

By Author: Jonathon Pyzer
Total Articles: 4762
Comment this article

Why do I need a private attorney for a bail hearing? Doesn't the Court give me a free lawyer?

Under Canadian law, every person appearing for a bail hearing can be assisted without charge by lawyers known as duty counsel, somewhat akin to public defenders in the United States. However, if you have the ability to hire a private attorney, it is in your best interest to do so, as duty counsel are quite overworked and may represent dozens of detained people daily. They are not capable of giving you the attention, time and effort that private counsel can.

Isn't it better for me just to get the whole thing cleared up right away if I'm guilty and it's not a very serious charge?

There can be very serious and long-lasting repercussions of pleading guilty right away and, so to speak, throwing yourself on the mercy of the court. You may end up with results that are quite onerous. Also, the bail hearing is not a trial, and you are getting ahead of yourself in the process if you make incriminating statements about yourself or your actions. You need to take things a step at a time, and the best way to navigate those steps ...
... are with attorneys that have trod that very path many, many times already.

Still, can't I just handle the bail hearing myself, or with duty counsel, and hire my own lawyer later? Isn't this just another way for lawyers to make money off the system?

It is always possible to make a case for cynicism and negativity, and there are always tales of injustice and poor legal representation. However, in the Canadian legal system there are no unimportant steps or disposable processes. Everything counts, and everything is important to your case. For one thing, it is not simply a matter of whether you get bail or not, but a matter of what sort of restrictions, from none to onerous, are placed on you at the hearing. Even accepting house arrest too quickly can become a source of great frustration later, after months go by and you can't leave your house except to attend to court hearings, lawyer visits and medical issues.

What is the best possible result I can expect?

This is impossible to answer, as all cases are unique. However, unless you have competent counsel with the time and inclination to go the extra mile for you, you may never know how many different bail arrangements are possible in your specific situation. Your quality of life on bail can be quite different under various bail regimes, something that attorneys with extensive bail hearing experience will know. It is difficult enough to face the Court, but going it alone (or effectively alone with an overburdened duty counsel) is hardly the best way to proceed. You need someone that will fight for the least restrictive type of bail arrangement available, in accord with the specific circumstances of your case. You want an experienced attorney to fight for you and your rights, and fight to win, not to make a deal to the Crown's advantage.

Why should I worry if I am not a career criminal? Don't most first-time offenders get bail anyway?

There is no way to know in advance whether you will get bail or not at your hearing. It is patently unwise to judge your own case by another other, as the Court does not. The Court considers each and every case by itself, in accord with its own specific circumstances. If, in fact, you are denied bail, other pressures come to bear on your attitude and your legal strategy, and you may think you should end the whole case with a guilty plea rather than wait, in jail, for trial. It is widely acknowledged that many people jailed without bail will plead guilty to their offence instead of waiting out the process in a cell.

Can't I make my own case to the Court and resolve things right away?

The fact is, bail hearings are not trials and you do not get to present a defense at that time. The Court will receive a general overview from the Crown Attorneys concerning the criminal allegations, and then make a determination based on a number of factors.

What are those factors? What does the Court look at?

The Court is concerned about guaranteeing your attendance at a subsequent trial, if the case is not otherwise settled in the meantime. The Court may decide that some amount of bail (cash, property or other sureties) is necessary to ensure your presence at trial and prevent you from leaving its jurisdiction. In addition, the Court may determine that pre-trial detention is necessary to the safety of the general public or a specified complainant (as in a domestic case), and/or to prevent repeated offences during the judicial process.

Clearly, it is important for defendants in the Canadian justice system to obtain effective counsel from the very start of proceedings. The bail hearing is the first contact that you will have with the Court, and it is extremely important that you make the best possible case for yourself. Rather, it is extremely important that you do whatever is necessary to make that case, and retaining good counsel is the single most effective method.
About Author:
Kostman Pyzer is a criminal defence law firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not every Toronto lawyer is created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success. Visit online today.