If not given a desk appearance ticket after an arrest, a criminal defendant will appear before a judge to determine the amount of bail or whether the defendant should be held in jail without bail. This can be done at a bail hearing or combined with an arraignment where a formal reading of the bail hearing canada charges is made.
The bail hearing canada judge will usually release a defendant on bail and set the amount of bail which must be posted. The judge will also decide if the bail must be posted in cash or if the defendant will be allowed to post a bail bond.
Most criminal defendants who retain a private criminal lawyer, will use the public defender to represent them at the bail hearing/arraignment. Should you take advantage of free representation provided by the public defender, when it may cost you a few hundred dollars for a private lawyer to represent you for judicial proceedings ?
Bail Hearing Canada
Each case is different and it is not possible here to provide advice as to what to do. Legal advice for your specific case can only be provided by a lawyer licensed in your state and only after personally consulting with you. However, generally if a criminal defendant has a prior criminal lawyers near me canada or if the charges are a serious misdemeanor or felony it may be worth calling a private criminal lawyer to represent you at the bail hearing.
An experienced criminal lawyer knows what information to ask a client and what needs to be presented to the judge to have their client released ROR (without bail) or with an affordable bail. The public defender is a licensed attorney who is charged with zealously representing the defendant and since the public defender represents many defendants at bail hearings everyday, it can be said that the public defender is very experienced.
The Use of Bail in Criminal Cases
When an individual stands accused of a crime, the court may determine that he or she is not a significant flight risk and may allow the person to remain free from prison until the trial has concluded and the final verdict has been decided. Accused individuals are often released from jail after posting “bail” which is typically a deposit of money that is held as a promise to return to court at a specified time.
Individuals who commit serious crimes may be denied bail by the presiding judge, because he or she may find them to be a danger to society, fears they may flee before trial, or for any number of reasons that may give the judge cause for concern. The bail hearing canada judge may also determine the amount of bail the individual needs to post to be freed, and may choose to place the bail very high to discourage flight or other suspicious activity.
High-dollar bail amounts may discourage or prevent individuals from being able to post bail and be freed while awaiting trial. Family members, friends, and other associates often pool resources to try to meet the bail requirements and free the individual in question, but if the bail is too high to meet, the person will most likely remain incarcerated until the trial is complete. There are provisions that prohibit judges from assigning “excessive bail”, meaning that they should set bail within reason depending on the nature of the crime committed.
Bail hearing canada Judges may also examine the source of the bail money and may refuse to allow suspicious funds to be used for bail purposes. If it can be proved that the money was feloniously obtained, the court may require that the bail money come from an alternate source.
Bail is not used to punish the person accused of a crime, it is only meant to secure and guarantee his or her appearance in court. If the individual appears at all required court dates and does not jeopardize the conditions of his or her bail, the funds should be released at the conclusion of the trial without issue .A lawyer practicing the criminal law is often required to carry legal research to find out case laws or legal interpretation which could strengthen the case of the client he is defending. Another significant job of such a bail hearing canada lawyer is to record the statements of various witnesses associated with the case.
Moreover, at times, they may hire the services of professional best mississauga law firms canada to investigate certain parts of the case, and present the results of such investigations to the court for the benefit of their clients. They could also hire proficient witnesses to help the case of the defendants.
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