Bail Hearing Lawyer Mississauga, ON
Bail is the release of the accused while he/she is awaiting their trial or the matter to be resolved in criminal court. If the accused has not been released by way of either a promise to appear, appearance notice, summons, recognizance/undertaking; etc, the accused is brought before the court in a “Show cause” (Bail) hearing to determine whether the accused can be released.
The word “show cause” is used to describe this form of hearing because in accordance with the provisions of the Criminal Code section 515(1) of the Criminal Code of Canada (referenced below) the prosecutor must show cause as to why the detention of the accused is justified or why an order under any other provision should be made.
Section 515 (1) of the Criminal Code reads: Subject to this section, where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.
The grounds that the prosecutor rely on to justify detention of the accused are on the Primary Secondary, or Tiertiary grounds. The different manners of release of an accused are illustrated in 515(2) of the Criminal Code.The Supreme Court in R v Antic [2017 SCC 27] made it clear that each segment of release must be considered before moving to a more restrictive form of release.
There are also scenarios where the onus is the accused to justify why he or she should be released, rather than the prosecutor justifying detention. These all include, but are not lomited to, the severity or type of the charge; the circumstances of the offence; history of the offender; etc.
Hire me as your criminal bail lawyer today and I will advocate for your Bail release and for your legal rights. The success of release on bail is dependant upon many factors, including but not limited to: a bail plan. Not being released on bail can be a daunting experience.
You should speak to duty counsel or a Bail Lawyer in Mississauga regarding your bail hearing.
Contact an experienced Criminal Defence lawyer today at (905)-230-4529. I will fiercely advocate for you to ensure that you obtain the best possible outcome in a time effective manner.
I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Bail Lawyer today!
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