Newmarket Criminal Bail Lawyers

Newmarket Criminal Bail Lawyers

Bail hearings require immediate and urgent attention.  With 12 offices throughout Southern and Central Ontario, we have the ability to provide an immediate response.

What do you need in your bail lawyer?

Experience:  

It is very helpful to know, not only the law but also the inclination or ‘bias’ of the presiding Justice.  Like it or not, some Justice’s are more inclined to release than others or are more inclined to release with less restrictive conditions.  Knowledge of and experience with the Court process and participants is important.

Availability:

We are available 24/7 

Ability to provide an immediate response: 

With our team of lawyers, we can accommodate your needs.

Open lines of communication:

We will need to discuss release options with all potential sureties to map out the best plan for release.  Note that in many cases we obtain a release with no sureties.

Fair pricing:

Our pricing is competitive and we will provide you with a quote prior to being retained.

Free consultation:

We will provide you with a free consultation and answer your questions regarding your bail situation.

Why are bail hearings important?

1. First and foremost – nobody wants to be in jail; personal liberty and security of person are essential to quality of life. 
2. Liberty can also be impacted by restrictive conditions on a bail order. Effective advocacy can minimize the imposition of restrictive conditions. Furthermore, it is often difficult to have these conditions varied after they have been imposed.  It is important to get it right the first time.  Restrictive conditions must be kept to a minimum.   
3.   It is difficult to communicate with a person in jail.  Family and friends have to schedule visits.  Nobody can call in, the accused must call out collect.  All communications are recorded.
4. It is also more difficult and costly to prepare a defense with the accused in custody.  The lawyer must make appointments and attend the institution and has time restraints with each visit. Communication by phone is not effective.
5. Bail hearings also afford the defense the first opportunity to obtain and question early disclosure of the Crown’s case.
6. Finally, it is much safer on the outside.  Jails are not a pleasant place to live. Aside from physical violence, there is also the issue of medical health.  For example, in COVID-19 times the last place you want to be is in jail.

How do I qualify as a surety and what are my obligations?

1. You will need to have some relationship with the accused, be it a friend, business associate, family member, etc.
2. The ability and willingness to commit to assisting the court with compliance with the conditions of release.
3. Ability to pledge an amount of money – although no deposit is usually required, knowing that both you and the accused will be liable for that amount should the accused be convicted of breaching any of the conditions of his release.
4. A surety can have a criminal record -depending on the date and nature of the record it can impede the approval of the surety by the Court.

Upon retention, we will interview all potential sureties, answer their questions, and prepare them for the Court process.

On bail hearings, it is our purpose to get the accused released with zero or the absolute minimum restrictions. 

Forms of Release:

1. Promise to appear – this is from the police station
2. Promise to appear with an undertaking – this is also from the police station but imposes restrictive conditions that the accused must sign and agree to in order to be released. (no money is pledged)
3. A Recognizance of bail without surety.   In this case, at Court releases the accused with a pledge of money  (no deposit required) and usually with some restrictive conditions.
4. Recognizance with Surety.  In these cases, the Court will approve a surety in order to assist with the compliance with the bail conditions.  In some cases, the accused is required to live with the surety.  If the accused is convicted of a breach of the bail conditions both the accused and the surety are subject to estreatment of the amount pledged. 
5. Actual cash deposit – with or without conditions 

On weekends, the Newmarket Court handles all bail matters by a video that originates in York Region and Simcoe County.  The bail courts are on the first floor. The Newmarket Court address is 50 Eagle Street  W. Newmarket Ontario.  Bail courts start at 9:30 am.  If you are a proposed surety be sure to bring photo identification with you.

Should you wish to have a free consultation regarding your particular bail issues call 855-529-5301.