Being released while your case is underway is an integral component of the criminal justice system, and the Canadian Charter of Rights and Freedoms guarantees that you will not be denied reasonable bail.
Courts make their decision on your release based on factors such as the severity of charges, record, and plan presented. An experienced Toronto criminal defense attorney can help secure your release.
Requesting to be released on bail
A judge will decide оn your request tо be released оn bail while your case іs ongoing, taking several factors into consideration, such as severity оf offense, strength оf prosecution’s case, and the likelihood that another crime will be committed. If they believe you pose a risk to public safety, they will deny your bail and hold you in custody until trial; similarly, they could deny bail if their release would erode public confidence in the justice system.
Bail laws in New York are founded upon centuries of common law and principles found in the English Bill of Rights, with bail being designed to ensure an accused returns for trial without fleeing abroad or committing other crimes. Unfortunately, however, in practice bail has resulted in detaining thousands of presumed innocent New Yorkers before trial, costing low-income families billions every year.
At your bail hearing, a judge or justice of the peace will make a determination as to your release on your own recognizance (OR), meaning you don’t have to post a money bond; OR is generally the preferred option unless the Crown can demonstrate compelling reasons why you should remain behind bars.
If you are released on bail, the judge will impose conditions specific to your case that must be adhered to while out on release. These may range from staying at an address designated for release; not communicating with certain people and wearing an electronic ankle bracelet to prevent you from leaving the state; breach of bail conditions could result in either arrest warrants being issued against you or returning you into custody.
Requesting to be released on your own recognizance
If you have been arrested, the court may release you on your own recognizance (OR), with your defense attorney formally asking the judge at your arraignment or bail hearing for this option. When making this determination, they will consider factors such as severity of charges, criminal history record and community ties before making their decision – plus whether you pose a threat to public safety.
A judge will examine these factors to decide if you qualify for release from jail and set a court appearance date accordingly if that occurs. It is important to remember that if you do not appear at your court dates as scheduled, a warrant for your arrest could be issued, which can extend your stay at jail and lead to additional charges being filed against you.
If you qualify for OR release, a judge typically gives considerable weight to the recommendation of your OR officer. This individual performs an in-depth background investigation on you – such as interviewing family and neighbors to ascertain their ties to the community as well as predict their likelihood of appearing before the courts.
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Though getting released on your own recognizance is no guarantee, having an experienced criminal defense lawyer can significantly increase your odds. Your lawyer will fight hard on your behalf for a satisfactory result in your case and work towards getting you released with less restrictive conditions, allowing you to live life freely without worry over missing court dates or incurring additional fines and jail sentences; additionally, they will make sure the judge understands that failure to appear may incur additional charges or lead to further imprisonment – they’ll explain to them how this can be avoided by showing up at all court dates and remind them about it being necessary by appearing for all hearings and court dates being missed by showing up!
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