After being arrested, you will have a bail hearing within 24 hours. This is where it will be determined whether or not you are released until your trial, or if you will stay in custody. While Canada has a policy of innocent until proven guilty, there are times when the court will refuse bail.
It’s often the prosecution’s onus to prove why the accused should be denied bail, but in severe cases, that onus can be reversed. Here are the top five reasons bail gets denied in court and why experienced legal representation is so important.
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1. Severity of the Crime
One of the biggest reasons bail gets denied in court is the severity of the crime. This is often linked to the reasons further down the list but there are some crimes where bail is extremely unlikely, regardless of the specific circumstances.
Murder and manslaughter are two such crimes, not only due to their nature but also the long prison sentences that come with a guilty verdict. Sexual assault comes with a lot of risks, and terrorism-related offences and repeat offences also have a low chance of bail approval.
There are other crimes where the granting of bail is unlikely but still possible. While a bail hearing is not a trial, the circumstances around these crimes will be considered. These types of crimes can include drug trafficking, aggravated assault, large-scale fraud, and robbery.
2. Flight Risk
The likelihood of a defendant fleeing before their trial is called their flight risk. This often comes down to reasons, resources, or both. Perhaps the biggest reason to flee is linked to what we mentioned above, which is if the defendant is facing a long prison sentence.
Resources are in regards to their ability to flee. For example, if someone is a member of organized crime it may be deemed they have access to both funds and assistance to leave the country. In a similar vein, someone with dual citizenship or strong ties to another country will be seen as a bigger risk.
There are other reasons too, such as having no ties to the community through family, property, or employment. And if the defendant has previously failed to appear in court, a judge will be hesitant to grant bail again.
3. Threat to Public Safety
The court will be extremely mindful of any threat to public safety. If there is a risk the accused poses a danger to the public or a specific individual, bail will most likely be denied. There are a few reasons the court may think this.
Being accused of a violent crime, or having a history of violent behaviour, is one of these reasons. A denial of bail is even more likely if the alleged crime was committed against a targeted individual, rather than against someone the accused didn’t know.
If there is any evidence the defendant has intimidated or harmed a witness or victim, this will also be considered. Gang involvement and the possession of weapons can also be thought of as dangerous, and a reason to reject bail.
4. Repeat Offender
The court will always take an offender’s criminal history into consideration. With previous convictions, it tells the court that further crimes are likely while the defendant is out on bail. Any skipped court dates will also be on your record.
It may also be that the accused was already on probation or parole when arrested, meaning they are unlikely to follow any bail conditions. Finally, if the accused is already facing multiple cases, it shows a disregard for abiding by the legal system.
5. Lack of a Suitable Bail Plan or Surety
If bail is granted, it often comes with specific conditions that must be followed. Examples include travel restrictions, electric monitoring, no-contact orders, curfew requirements and much more. The court must feel you will and can follow these conditions.
For example, if a domestic assault was alleged against a partner, a bail condition could be they can not live on the same property where the crime was committed. This means the accused must prove they have some other stable resistance. In all cases, the court will want to know you have a fixed address.
The court may also require surety. This is a person appointed to supervise the defendant and is given the responsibility to ensure they stick to bail conditions. They can also be required to put up money as a bond. If no suitable surety can be found, bail can be denied.
The court can also deny bail if they feel the conditions will not be followed. For example, the court may request the defendant stay away from a specific individual or area. If the accused doesn’t seem willing to do that, the court will refuse bail.
As with all these factors, this is where an experienced bail hearing lawyer can make all the difference. They will be able to argue on your behalf in court, not just fighting for you to be granted bail, but for more favourable conditions as well.
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Final Thoughts
As you can see, there are some important reasons bail gets denied in court. The prosecution will often argue for bail to be refused. However, in severe cases, the onus can be reversed with the defence required to argue why bail should be granted.
In either case, experienced legal representation can be the difference between freedom or jail until your trial date. If you need legal assistance, call AGP LLP today and we’ll be happy to offer you a free consultation to see how we can help.
