Being arrested and held in custody is one of the most stressful experiences anyone can face. In Canada, whether or not you are released from jail while awaiting trial often hinges on the outcome of a bail hearing. The person who stands between you and unnecessary time in detention is your bail hearing lawyer. This article explains the role of a bail hearing lawyer, what they do, and why their expertise can make all the difference.
If you or a loved one is in custody, time is critical. Here’s what you need to know.
What Is a Bail Hearing?
A bail hearing is a court proceeding where a judge or justice of the peace decides whether a person charged with a criminal offence should be released from custody while they await trial. It usually takes place within 24 hours of the arrest, though the defence may ask for a delay to properly prepare.
The result of a bail hearing can drastically impact your life: being granted bail allows you to return to your family, your job, and your community, while detention can disrupt every aspect of your day-to-day life and limit your ability to work on your defence.
The Role of a Bail Hearing Lawyer
A bail hearing lawyer is a criminal defence lawyer with experience advocating for clients in detention. Their job is to secure your release on the best terms possible. Here’s how they do it:
Legal Strategy and Preparation
Before the hearing, your lawyer will:
- Review the disclosure provided by the Crown
- Assess the strength of the Crown’s case
- Determine if your case involves a reverse onus (where you must justify why you should be released)
- Work with your family or friends to prepare a release plan or identify a suitable surety
Representation at the Hearing
At the hearing itself, your lawyer will:
- Cross-examine the police or Crown witnesses
- Present a plan for your release
- Advocate for the least restrictive conditions possible (or none at all)
- Argue why you do not pose a risk of flight, danger to the public, or harm to the reputation of the justice system
Guidance After Release
If bail is granted, your lawyer ensures you fully understand the conditions. If bail is denied, they can immediately begin the process of appealing the decision through a bail review in the Superior Court.
Why a Skilled Bail Hearing Lawyer Matters
Bail Law Is Complex
Canada’s bail system is governed by the Criminal Code, the Charter of Rights and Freedoms, and years of evolving case law. A lawyer familiar with these legal principles knows how to craft compelling arguments tailored to the specifics of your case.
You Get One Shot
Most bail hearings happen quickly, often within 24 hours of arrest. You may only get one chance to present your case before a judge or justice. A skilled lawyer ensures you make the most of that opportunity.
Pre-Trial Custody Weakens Your Case
Being held in custody can limit your ability to meet with your lawyer, collect evidence, or keep your job. Statistically, individuals held in custody are more likely to plead guilty—often just to get out. Getting bail is about preserving your right to a fair defence.
Avoid Harsh Bail Conditions
Even if you’re released, overly restrictive bail conditions can interfere with your life. A good lawyer will advocate for reasonable conditions and push back against terms that are unnecessary or unfair.
Qualities to Look for in a Bail Hearing Lawyer
Choosing the right lawyer can make all the difference. When looking for a bail hearing lawyer, consider:
- Experience: Do they have a strong record with bail hearings?
- Availability: Can they respond quickly and attend court within 24 hours?
- Reputation: Do they have strong reviews and a professional standing in the legal community?
- Communication: Do they clearly explain your rights, options, and risks?
What You Can Do to Help
If a family member or friend has been arrested and needs a bail hearing lawyer:
- Act fast. Contact a criminal defence lawyer immediately.
- Gather documentation. Employment letters, proof of residence, and references may help.
- Be prepared to act as a surety. This means promising to supervise the accused and report any breaches of bail to the court.
- Do not attempt to contact the accused if a no-contact order is in place. Let the lawyer handle communication.
Schedule a Free Consultation with a Bail Hearing Lawyer at Lichtman Law
When someone you care about is behind bars, every minute counts. Lichtman Law is prepared to act immediately on your behalf. We represent clients at bail hearings across Ontario and have years of experience securing releases in both simple and complex cases.
Our team will prepare a strong release plan, argue for your freedom, and ensure your rights are protected from the very start. Don’t navigate the system alone—schedule your free consultation today.