Hamilton Criminal Bail Lawyers

Bail hearings are often required on an urgent basis and with little advance notice.  When a person is arrested, charged, and detained he/she must be brought to a bail court within 24 hours of the arrest. 

Daley, Byers Criminal Lawyers have 12 locations throughout Ontario in order to provide prompt and convenient service.  The lawyers are available 24/7.  They are also available for weekend bails.

Weekend and Holiday bail hearings in Ontario are conducted by “Wash Courts”.  For example, the bail court in Hamilton on weekends or holidays will conduct bail hearings for all arrests in  Halton (Milton, Burlington, Oakville, Georgetown),  Hamilton, Brantford, St. Catharines and Simcoe.  The bail hearings are conducted by video.  At the Court House in Hamilton, the bail hearings on weekends and holidays are conducted in courtroom 100, there will be a Crown Attorney, the presiding Justice of the Peace, and the Court staff.  The accused person is present through a video link and he/she can be seen and can also see and hear the proceedings.  

The Hamilton Court is located at 45 MAIN STREET EAST HAMILTON ONTARIO. 

Our Hamilton location is 1 Hunter Street East, Ground Floor Hamilton Ontario.  905-973-9900.

Why you need a lawyer for the bail hearing?

Bail Hearings are Crucial to the preparation of criminal defense 

Your bail hearing is extremely important and has a huge impact on the preparation of your criminal defense, aside from the impact it can have on your liberty.  

1. It is extremely difficult to communicate with a client when they are being held in a custodial facility.  The accused can only call out collect and those calls are all monitored.  Telephone interviews can be prearranged with counsel in some institutions but It is very difficult to review disclosure via telephone. It is just much easier to prepare a defense when the accused is not in jail and can meet face to face in the office setting.  At the jails, in-person meetings must be arranged in advance and are for limited time periods.
2. The restrictive conditions of release are determined at the bail hearing.  Things like,  house arrest, curfew, no contact orders, etc are decided at the bail hearing. The need for restrictive conditions can be contested at the bail hearing.  It is much easier to fight the imposition of conditions in advance than to try to vary them after they are in place. It is very important that any conditions of release are kept to a minimum so as to avoid a potential breach charge and to permit more freedom to the accused. 
3. Finally, bail hearings can be used to obtain early disclosure of the Crown’s case.  In some instances, we will ask for the officer in charge to be present for cross-examination.

At Daley, Byers, we have extensive experience conducting bail hearings throughout the Province of Ontario.  It is important to know the inclination of the Justice and the Crown Attorney.   Whether right or wrong, people in the judicial process have different perspectives, some are more inclined to release, or are inclined to release with less restrictive provisions than others. Duty counsel is government-paid lawyers who assist every person who does not have a lawyer for bail hearings. However, even though duty counsel does admirable work, sometimes their workload on a given day or the complexity of the case can make it difficult to provide the personal attention your case requires.  Furthermore, private counsel matters will usually proceed first.  If there is a very long list on the bail schedule there is a danger that your case may not be reached and adjourned to a new date. On weekends and holidays, it has been our experience that unless everything is ready to go and can proceed expeditiously the bail hearing will be adjourned to the next weekday court.  We have on many weekend bail hearings insisted that the bail hearing proceeds for our clients.  Had we not attended there was no doubt our client’s bail hearing would have been adjourned to the following Monday or Tuesday.  Call us to review your particular circumstances we will advise you if our services are necessary for your bail hearing.

There are a number of possible releases when a person is charged

1. Promise to appear – release from the police station – no conditions attached.  A promised to appear will provide a return date for the first court appearance and possibly a date for attendance for fingerprints and photos.
2. Undertaking by the accused (has conditions but no amount of money is pledged).  This is also a release at the police station.  The problem with this type of release although it is from the police station without a bail hearing, the police determine the restrictive conditions that are to be put in place.  If you do not agree with the conditions that the police suggest, then you will be held for a bail hearing.
3. A Recognizance of bail without surety – this is where the accused pledges an amount of money – usually without deposit and conditions are attached to the release. If the accused breaches any of the conditions, he can be charged with a breach and the amount pledged can be subject to estreatment (forfeiture)  by the courts.
4. A Recognizance of bail with surety – this is where a person is proposed and accepted by the Court to act as Surety to supervise the bail for the purpose of adding a further level of security.  In some cases, the accused is required to live with the surety.  If the accused breaches any of the conditions both the accused and the surety are subject to lose the amount pledged.
5. Actual cash deposit – with or without conditions – to ensure that the accused will attend court and comply with conditions

Do I qualify as a surety?

1. You need to have some relationship with the accused. (family, friend, co-worker, boss)
2. You must have the ability, time, and commitment to supervise the accused with respect to the bail order.
3. You must have the financial viability to pledge an amount of money. – Although no deposit is usually required you will have to show that you have the financial worth to cover the amount pledged.
4. A criminal record is not a bar to being a surety, however, depending on the time and the nature of the record, a criminal record may be an impediment. 

Simply put, the job of the surety is to be the eyes and ears of the court while the accused is out of custody.  The surety can withdraw at any time during the process without providing a reason.  The surety must be prepared to contact the police if they become aware of any breach of the bail conditions.

Daley, Byers Hamilton Bail Lawyers

Daley, Byers criminal lawyers are available 24/7 for all emergency bail questions. 

1-855-259-3501

1-855-LAW-3501

This availability and ability to answer your questions is just a part of their best criminal defense.

Daley, Byers  Our Best Criminal Defence

Free initial consultation: – no cost for your first consult 

Easy Communication: the lawyers are easy to talk to and approachable – They will answer all your questions.

Experience:  Both founding partners have over 35 years of criminal defense work. They will experience in the area of law (the charges you face) and the geographical area where you are charged.

Team Approach:   Daley, Byers Criminal Lawyers utilize a team of professionals and experts to assist with the preparation and defense of all cases.  You, as the client are also an integral part of the defense team.  You will be kept fully informed, and provided with recommendations, and all decisions relating to your defense require your input and approval.

Payment Plans:  Daley, Byers Criminal Lawyers offers payment plans for legal fees.

Tactics:  Simply put, the goal is to Win.  Every avenue of defense will be analyzed, no stone is left unturned.  You will receive a determined and professional approach to your case.

Daley, Byers Criminal lawyers service all of southern and central Ontario and we also attend the weekend and holiday wash courts listed below.

Hamilton: as noted above

Brampton:   conducts bail hearings on weekends and holidays for Peel Region –     Mississauga, Brampton, Caledon, Dufferin County – Orangeville

Newmarket: conducts bail hearings on weekends and holidays for all of York Region – Vaughan, Richmond Hill, Aurora, County of Simcoe – Barrie, Orillia, Midland, Bradford, Alliston and Collingwood

London: conducts bail hearings for London, Sarnia, Kitchener/Waterloo, Cambridge, Woodstock …

Toronto:  all bail hearings for weekends and holidays for Toronto are held at Old City Hall (60 Queen Street West)

Oshawa: surrounding areas

Owen Sound: surrounding areas