Bail Hearings
Guelph Bail Hearing Lawyer - Perrin Valli. Dedicated to your Defence.
Has your friend or family member been arrested by the Guelph police or Wellington County OPP?
Are they being held in jail pending a bail hearing in Guelph?
Are you hoping to bail them out?
What is a bail hearing?
Perrin Valli, Guelph Criminal Defence Lawyer has run countless bail hearings before the Guelph bail court. If your friend or loved one has been arrested and is being held in jail awaiting a bail hearing in the Guelph criminal courts Perrin can help.
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What is a bail hearing?
Under the Criminal Code, when someone is arrested, the police will decide whether to release that person (the “arrestee”) or whether to hold the arrestee in custody to be presented before a bail court Justice. The bail court Justice will decide whether the arrestee person can be safely released into the community to await his or her trial. A bail hearing is when the Justice makes the decision about whether an arrestee can be released into the community. At the bail hearing, if the Justice determines that an arrestee can be released, the Justice will decide whether the arrestee should be required to follow conditions as part of the release order.
In all but the most serious cases, a bail hearing is meant to be a quick hearing. At most bail hearings, the prosecution reads a summary of what the arrestee is accused by police to have done and presents the court with the arrestee’s criminal record (if any). Then the Defence is entitled to present evidence to the bail Justice for consideration in the determination of whether the arrestee ought to be released. The lawyers then make brief submissions to the bail Justice and the bail justice then gives his or her decision on whether the arrestee is to be released.
Section 515 of the Criminal Code sets out the rules for a bail hearing. When a bail court Justice is deciding whether he or she can release an arrestee on bail, they evaluate 3 questions:
If the arrestee is released on a bail order, can the court have confidence that the arrestee will attend court and participate with the trial process or is there too great a risk that the arrestee will flee and not attend court. Concerns about whether an arrestee will, if released, run away to avoid trial, are often referred to as the “primary grounds of concern”.
If the arrestee is released on a bail order, is there a substantial likelihood that the arrestee will commit a further offence that endangers public protection and safety? Concerns about whether an arrestee, if released, possesses a safety risk to the public or a victim or a witness to the alleged offence, are often referred to as the “secondary grounds of concern”.
Would releasing the arrestee on bail undermine public confidence in the administration of justice? The Criminal Code directs a bail Justice to consider “all the circumstances” of the case including how strong does the Prosecutor’s case against the arrestee appear to be at this early stage? What is the gravity of the offences with which the arrestee is charged? What are the circumstances surrounding the commission of the alleged offence, and was a firearm alleged to have been used? If found guilty, is the arrestee liable for a lengthy jail sentence? This third inquiry is often referred to as the “tertiary grounds”. It is usually only argued in very serious cases, involving very serious allegations and in particular allegations of violence.
When considering these 3 questions, the bail Justice must also take into consideration any plan of supervision being proposed by the Defence and any bail conditions that might be put in place as part of a possible bail order. A bail Justice will evaluate how that supervision and those conditions might lessen concerns on the primary, secondary or tertiary grounds.
The preparation of a strong release plan before a bail hearing can often be the difference between a detention order and getting our on bail. Perrin Valli can help plan and prepare for a bail hearing to be best positioned for success your bail hearing.