How Bail Works with the Help of a Criminal Lawyer?

The legal system can be overwhelming, and navigating the bail process requires knowledge, experience, and strategic action. As a Brampton criminal lawyer, one of my clients and their families’ first concern when facing criminal charges is bail.

Understanding how bail works can make a significant difference in securing a person’s release from custody while awaiting trial. In this blog, I’ll explain how bail works, its objective, the factors determining bail amounts, and how a criminal attorney like me can assist you.

What is Bail?

Bail is a financial arrangement that allows an accused person to be released from custody while their case is pending. It serves as security to ensure that the defendant will return for court proceedings.

If the defendant fails to appear in court, the bail amount may be forfeited, and a warrant could be issued for their arrest. The goal of bail is not to punish the accused but to balance the interests of justice. Thus allowing individuals to maintain their freedom while ensuring they comply with legal obligations.

The Bail Process: Step by Step

When someone is arrested, they are taken into custody and booked. This process includes recording personal details, fingerprints, and photographs. Once the booking is complete, the individual may qualify for bail. Here’s how the process unfolds:

1.Setting Bail: Bail can be set in different ways:

• Pre-set Bail Schedule:

For minor offences, the police may release an individual based on a predetermined bail amount.

• Bail Hearing:

A judge determines bail based on multiple factors (discussed below) in more serious cases. This hearing typically happens within 24 to 48 hours after arrest.

• Own Recognizance (OR) Release:

Sometimes, a defendant may be released without paying bail simply by promising to appear in court.

2. Posting Bail:

Once bail is set, the accused or their family has options for payment:

• Cash Bail:

Paying the full amount in cash, which is refunded if the defendant appears in court as required.

• Bail Bond:

If the full bail amount is unaffordable, a bail bondsman can post bail in exchange for a non-refundable fee (typically 10%).

• Property Bond:

In some cases, a defendant can use real estate or other valuable property as collateral.

• Personal Recognizance:

Some individuals may be released without paying bail based on their reputation and history.

3. Conditions of Bail:

The judge may impose specific conditions you must follow while on bail. These can include:

• Regular check-ins with law enforcement
• Travel restrictions
• No contact orders (especially in domestic violence cases)
• Mandatory drug testing or rehabilitation programs

Failure to comply with these conditions can result in bail revocation and immediate re-arrest.

How a Judge Determines Bail Amount?

The judge considers several factors when setting bail, including

• The Severity of the Charges:

More serious crimes usually result in higher bail amounts.

• Criminal History:

A person with prior offences may receive a higher bail or be denied bail altogether.

• Flight Risk:

If a defendant is likely to flee and avoid trial, the judge may set a high bail amount or deny bail.

• Ties to the Community:

Strong family and community connections can favour a lower bail amount.

• Public Safety:

If releasing the defendant threatens society, bail may be higher or denied altogether.

How a Criminal Lawyer Can Help with the Bail Process?

Having the best criminal lawyer in Brampton by your side during the bail process is essential. Here’s how I assist my clients:

• Fighting for Lower Bail:

I present arguments and evidence to convince the judge to set a reasonable bail amount.

• Seeking Release Without Bail:

In some cases, I can argue for a release on personal recognizance, particularly if the defendant has no prior record.

• Negotiating Bail Bond Arrangements:

As an experienced Brampton criminal lawyer, I help clients understand their bail bond options and ensure they work with reputed agents.

• Filing for Bail Reduction:

If bail is set too high, I can file a motion to reduce the amount based on new circumstances.

• Ensuring Compliance with Bail Conditions:

I guide my clients on following all bail conditions to avoid re-arrest and additional legal troubles.

What Happens If Bail Is Denied?

Sometimes, a judge may deny bail if the defendant is accused of a violent crime or is considered a flight risk. However, this does not mean there are no options.

As the best criminal lawyer in Brampton, I can file an appeal or request a reconsideration of bail based on new evidence or circumstances.

Final Thoughts

Bail is an essential part of the justice system, allowing individuals the freedom to prepare for their defence while ensuring they return to court. Understanding how bail works can make the process less stressful and increase the chances of a fair outcome. If you or a loved one has been arrested, contacting me, a reputed Brampton criminal lawyer, immediately is crucial.

I am here to help you navigate the legal system, secure a fair bail arrangement, and protect your rights. Reach out to me at Dhindsa Law, a leading criminal law firm in Brampton, for guidance and representation — your freedom may depend on it.