Once you’ve been charged with a criminal offence in Canada, one of the next steps is a bail hearing. Here is when it will be determined whether or not the accused can be released from custody while awaiting trial.
A lawyer is legally not required for a bail hearing Also, the importance of needing a lawyer for a trial can overshadow the need for one during a bail hearing. However, there are some crucial reasons why getting a lawyer for a bail hearing can be a great idea.
What Is a Bail Hearing?
A bail hearing is a legal proceeding to decide whether or not the accused can be released from custody pending their trial. If bail is rejected, the accused can spend up to 18 months in custody if the case goes to provincial court, and up to 30 months if the case is going to superior court.
There are two main reasons why bail may be rejected. Perhaps the most obvious is if the accused is a flight risk and likely to attempt to avoid future court dates. Bail will also be denied if it’s thought there is any risk to the safety of specific individuals or the general public.
Even if granted bail, it can come with specific conditions the accused must follow to avoid custody. These will always be dependent on the case but can include the likes of reporting requirements, curfew, no-contact orders, and travel restrictions.
Can You Represent Yourself at a Bail Hearing?
Yes, you can represent yourself at a bail hearing. However, a bail hearing is an often underestimated part of the legal process. There can be a presumption the judgement will be made purely based on the nature of the offence.
While not as formal as a trial, the bail process involves presenting legal arguments on both sides. An experienced bail hearing lawyer can present these arguments to avoid time spent in custody. Self-representation is possible, but it decreases the chances of being granted bail.
Why Having a Lawyer for a Bail Hearing Matters
You want to have a criminal defence lawyer who can navigate you through the entire legal process. They will be able to guide you through a bail hearing and advocate on your behalf. Here is why a lawyer can be important.
Understanding the Law and Process – Bail hearings have rules and legal precedents. A lawyer will understand these nuances and use them to build their arguments. This will not only help your case but also ensure your rights are upheld.
Presenting a Strong Release Plan – A judge will often want a detailed release plan. A lawyer will develop a plan that shows you’re not a flight risk and happy to comply with any conditions. They may also address any factors that may concern the court, such as contact or substance use.
Challenging the Crown’s Position – The Crown can argue against your release. Without a lawyer, these arguments will go unchecked. A lawyer will counter them and highlight why the Crown’s case is flawed and why granting bail won’t pose any issues.
Reducing Bail Conditions – Bail isn’t just about whether it is granted or not. A lawyer can negotiate and argue to minimize bail conditions to allow you to live as normal a life as possible. They’ll work hard to ensure bail conditions are fair and reasonable.
Future Relationship – Getting a lawyer for your bail hearing will allow them to become familiar with your case and develop a working relationship. When the case goes to trial, you’ll be more comfortable and confident in the process.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
The Consequences of Not Having a Lawyer
Some bail hearings are straightforward, but many others are not. Without legal expertise, you may not know how to respond to the Crown’s arguments or develop a convincing release plan. If the judge or justice of the peace is not convinced, you may be held in custody until your trial.
The simple truth is that a lawyer can be the difference between spending many months behind bars or having freedom until at least your trial ends. Not being granted bail can be a huge blow and it’s best not to take any chances.
When You May Not Need a Lawyer
Having a lawyer is generally advisable. However, if the charge is a relatively minor offence and you have no prior criminal record, the bail hearing may be straightforward. However, even here consulting a lawyer can help you to prepare and increase your chances of success.
It’s up to the prosecution to argue why you shouldn’t be released. Some bail hearings are uncontested, meaning there is no argument against your release. However, even in these cases, a lawyer can argue for better bail conditions and highlight any potential issues.
Final Thoughts
Should you get a lawyer for a bail hearing? As we’ve seen, the answer is almost certainly yes. Being refused bail can have huge implications for your life and if the prosecution presents strong arguments, it can be hard to fight.
An experienced lawyer will give you the best chance of not only being granted bail but also getting favourable conditions. If you’re in need of a criminal defence lawyer, contact AGP LLP today and we’ll be honoured to advocate on your behalf.
