What is a Bail Reduction Hearing?
If you can’t afford bail, what do you do? Well, the short answer is, you stay in jail. But there are limits on the amount of bail a court can impose on an individual, based on unique circumstances of that case. If bail seems disproportionately high, a skilled lawyer for a bail hearing Canada can help you get your bail reduced through something called a bail reduction hearing.
How is the bail set?
The purpose of bail is to ensure that defendants show up for trial. Basically, it’s a form of collateral. The amount of bail is generally dependent on three factors:
- The severity of the crime
- The defendant’s flight risk
- The risk to the community if the defendant is released from jail
“Excessive bail” is prohibited in the Constitution, but it does not go on to define what excessive bail means. For this reason, the Supreme Court ruled that bail should not be so high that it forces the defendant to remain behind bars. The Supreme Court also ruled that it is up to individual courts as to whether a defendant has a right to bail; in some cases, he or she may be refused bail entirely. However, a “compelling governmental interest” has to be shown to refuse a defendant’s right to bail, pending trial.
The Constitution and a federal statute known as the Bail Reform Act provide defendants with the right to request a bail reduction when the initial amount is too high. If this is the case, the defendant will ask for a bail reduction hearing by a lawyer for bail reduction hearing Brampton. If a defendant cannot afford to pay the bail, and it can be shown that he or she is not a flight risk and poses little to no danger to the public, it can be argued that the imposed amount is akin to a denial of bail for judicial proceedings.
If a bail reduction hearing is requested, the court must consider this argument. However, there is no rule stating that bail should be easy to pay. In fact, as stated in the Bail Reform Act, the courts can set bail “to induce a defendant to go to great lengths to raise the funds without violating.” In other words, it can be challenging to raise the imposed bail, but not impossible. The good news is, “excessive bail” is a very subjective term. With the help of a highly skilled lawyer for bail hearing Canada, your chances of having bail reduced are significantly improved.
Amount of bail
The amount of bail is set by the lawmakers and is usually contained in a book called a bail schedule. The amount can go up or down depending on various factors. To get bail lowered or reduced usually requires the help of a local and experienced lawyer for bail reduction hearing Brampton who proceed to criminal court and file the necessary motions requesting a reduction in bail and release of the client forthwith. The most important considerations when asking for a bail reduction are as follows: The flight risk of the criminal defendant, the seriousness of the offense and the issue of whether the individual poses a danger to the community if released for law firms in Mississauga.
Assuming the person arrested has a good job, family in the area has lived in the community a substantial amount of time and has minimal if any criminal record, the Judge should lower bail or release the person on a signed promise, sometimes called a release on own recognizance. Again, the best criminal lawyer Canada will be necessary in most cases to get the best Bail Reduction. Preparation is the key when going into Court, have character letters from people that know the defendant, establish a good work history thru pay stubs and show the ties to the community by bringing in utility bills or property tax records.
Bail Reduction is an area of law that is handled by a lawyer for bail reduction Brampton. In Canada bail is allowed for all crimes except capital murder. Bail is accomplished by posting a bond with the Court that has jurisdiction over the particular case. Contact Saggi Law Firm for bail reduction hearing Brampton.