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.
Ideally, what you need is a reliable Bail Hearing Lawyer Woodbridge Mississauga Toronto Brampton referral service that takes care to contact and work with good quality lawyers with particular expertise and specialization in the legal areas that you will be involved in. When a referral service demonstrates its in-depth connection to particular law firms, it is a good sign of integrity. These firms may have a website with information on them that helps understand your situation and show they have the resources, knowledge and experience to help you.
There are a number of Bail Hearing Lawyer Woodbridge referral services available. Some are automated services where you fill out a form covering the details of your case and needs along with a contact number. If you like filling out forms and hoping someone contacts you, then you could try it. If you're facing serious charges, you need a professional service with a direct line who can respond to your needs quickly.
A bail hearing is a formal court proceeding, usually requested by the defense attorney, in which the defense attorney will attempt to convince the judge to either release the defendant on his or her Own Recognizance or reduce bail. Bail Hearing Lawyer Mississauga release requires the promise by the defendant to make all court appearances without posting bail. The Judge may set non-monetary conditions as part of the Own Recognizance release. Prosecutors can also request a bail hearing if they believe the bail is insufficient.
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 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.
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.
At the bail hearing the judge listens to arguments by both the prosecutor and defense attorney regarding bail. If the defense attorney is successful in securing an Own Recognizance release then the hearing is concluded. If however, the judge rejects the defendant's release on his or her Own Recognizance, then the defense attorney may attempt to have the bail reduced. Bail Hearing Lawyer Toronto can occur at the first court appearance, known as the Arraignment, or at any time during the defendant's court proceedings.
It is important to note that while a judge can reduce a defendant's bail, the judge can also raise the bail at the hearing. At the hearing the prosecutor may raise facts about the defendant or the charges of which the judge was previously unaware, such as probation or parole violation or an out-of-state warrant or conviction. Judges have great discretion on setting bail.
That is why it is important to have an experienced Bail Hearing Lawyer Brampton in your corner, especially an attorney who is skilled in the area of bail and knows the relevant bail issues to focus on. A well-prepared and skilled attorney can make a huge difference in the outcome of the hearing. It is absolutely critical for an attorney to know when and when not to raise a bail issue. Consult with a criminal defense attorney who has bail experience to secure the lowest bail possible and insure the release of the defendant from jail as soon as possible.