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.
Daley, Byers Criminal lawyers service all of the areas listed below and attend weekends and holidays to conduct bail hearings.
Wash Courts in other areas for weekend and holiday bails are:
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, Bradford, Alliston, and Collingwood
London: conducts bail hearings for London, Sarnia, Kitchener, 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
Bail hearings are extremely important in the Criminal Process. Careful consideration and attention to the bail process is crucial to the defense.
- It is much more difficult to communicate with a client when they are being held in a custodial facility. It is more difficult for the client to review disclosure. It is much easier to prepare a defence when the accused in not being held in jail pending completion of the case.
- The restrictive conditions of release are determined at the bail hearing. The necessity of restrictive conditions can be contested at the bail hearing. It can prove difficult to get these. conditions varied or removed and therefore it is very important that any conditions of release are kept to a minimum.
- In addition, bail hearings can be used as a means to obtain early disclosure of the Crown’s case.
The lawyers at Daley, Byers have extensive experience conducting bail hearings throughout Ontario. It is important to know the inclination of the Justice hearing the bail hearing. Whether right or wrong, some Justice’s are more inclined to release, or are inclined to release with less restrictive provisions than others.
There are a number of possible releases when a person is charged
1. Promise to appear
2. Undertaking by the accused (has conditions but no amount of money is pledged)
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.
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 and to add a further level of security to ensure that the accused does not breach any of the restrictive conditions of bail. In some instances, 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
What does it take to be a surety?
1. Some relationship with the accused.
2. Ability and commitment to supervise the accused to assist with the compliance with the restrictive conditions.
3. Ability to pledge an amount of money – although no deposit is usually required.
4.A surety can have a criminal record – but depending on the time and the nature of the record, it can impede the approval of the surety by the Court.
Simply put, the surety is to act as the eyes and ears of the court while the case is pending. The surety can withdraw at anytime during the process without providing a reason. The surety must promise the Court that he/she will contact the police if they become aware of a breach to any of the conditions.
With respect to the “reside with the surety”. This does not mean each and every night unless that is specified in the bail order itself.
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 defence 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 defence of all cases. You, as the client are also an integral part of the defence team. You will be kept fully informed, provided with recommendations, and all decisions relating to your defence 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 defence will be analyzed, no stone is left unturned. You will receive a determined and aggressive approach coupled with a thorough study of all issues in your case.