Your Bail Hearing Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Do You Require a Lawyer for a Bail Hearing?
SCHEDULE YOUR FREE CASE REVIEW TODAY
In Canada, Bail is an essential component of the criminal justice system.
Upon being arrested, an individual’s opportunity to gain pre-trial release is contingent upon obtaining a favorable decision at a bail hearing. It is imperative to create a viable bail plan as well as have counsel represent you during this time, to help ensure your continued freedom prior to your trial date; and provide you sufficient time to adequately prepare your case.
Bail Defined:
The definition of “bail,” also known as judicial interim release, is found in section 515(1) of the Criminal Code of Canada. This provision provides for the possibility of allowing a person who has been charged with a crime to remain out of jail while he awaits his trial.
A primary purpose of bail is to permit the accused to carry out his day-to-day activities outside of prison, providing he complies with certain specified conditions related to his bail. These conditions are designed to protect society and guarantee the accused appears for his trial date.
To obtain bail, the accused (and/or his attorney), must persuade the judge that it would be reasonable to grant him/ her bail.
Grounds and Conditions for Bail in Ontario
The three primary factors which determine an application for bail are outlined by the Supreme Court of Canada in R v Antic (1990) as follows:
- Firstly, there is the issue of whether the accused will attend the court as required. If it appears that the accused may fail to appear at any future court date(s), then the court has the discretion to refuse bail.
- Secondly, the issue of whether the accused poses a danger to the general public is evaluated. As part of this evaluation, the courts examine evidence of prior violence, prior criminal convictions and the likelihood of further offending while on bail.
- Thirdly, the release of the accused may have a negative effect upon public confidence in the administration of justice. A lack of public confidence may occur if the nature of the offence is very serious and/or causes shock to the community.
Bail Conditions
As part of granting bail, many courts also impose conditions so as to assist in ensuring compliance. Some common bail conditions include:
Contact Prohibitions: Restrictions against contacting certain individuals including witnesses or alleged victims;
Residency Requirements: Requirement that the accused live at a particular address or with a surety; and,
Curfews: Requirement that the accused stay indoors during certain hours of the day;
Additionally, in cases where allegations involve substance use/abuse, bail conditions prohibiting the consumption of alcohol/drugs may be imposed. In extreme circumstances, Electronic Monitoring/GPS tracking devices may be ordered by the court to monitor the movement of the accused.
Why Clients Choose Manbir for Bail Hearings
The initial and perhaps most important part of a criminal case will be the bail hearing. By securing the accused’s freedom from jail they will have an opportunity to work, attend school, and defend themselves at home. Experienced lawyers like Manbir Nirwal will be able to assist you by:
Preparing Your Bail Plan: This could include your living arrangements, who would serve as surety and what restrictions the accused agrees to live under in order to get released.
Pleading Your Case: In addition to pleading your case as it relates to primary, secondary and tertiary reasons for granting bail; your lawyer should also plead relevant cases which demonstrate why you should be granted release.
Opposing the Crown’s Evidence: If necessary, your lawyer may choose to oppose some or all of the evidence presented by the Crown so that you do not remain detained without just cause.
Negotiate the Conditions of Your Bail: In consultation with the Crown, your lawyer should seek out reasonable conditions that the court will accept.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Bail Hearing FAQs
Most often, a bail proceeding represents the first chance that an individual charged with a crime has to have his/her detention terminated by the Court, once detained. At this time, the Court determines whether the accused will remain free on bail until all criminal matters have been resolved. In making this determination, the judge/justice of the peace will look at a number of things; the severity of the allegations made against the accused, previous convictions/criminal record of the accused, ties to the community, etc., and likelihood of the accused attending future court proceedings.
Generally, an individual that has been arrested and incarcerated shall have a bail hearing within 24 hours of their detention (or as soon as it is reasonable for the hearing to take place). The time frame for a bail hearing can sometimes be delayed due to weekends, holidays, or the need for additional information from either the Court or Crown Attorney.
Depending upon the nature of the charge(s) made against you and your past history, there will be various restrictions that you could have placed upon you by way of conditions of your release. Examples of common conditions might include; that you report to the police, that you do not leave your home after a specified time (curfew), that you remain in Ontario, that you avoid contact with certain individuals or locations, that you turn over any weapons to the police, or that you abstain from using alcohol or drugs. If you violate the terms of these conditions, this violation is considered a separate offence which can potentially result in new charges being laid as well as an impact upon obtaining bail should you be charged again.
Yes. The court will deny an individual's request for bail if they believe that the accused will not appear at their scheduled court date, commit additional offenses, interfere with individuals who are providing evidence, or if the detention is required to instill faith into the general population of Ontario regarding the justice system. The seriousness of allegations such as violence, possession of a firearm, history of multiple offenses against others (i.e., "repeat offender") or failure to comply with prior court ordered conditions increases the chances of being detained. A skilled criminal defense attorney can help develop a viable release plan, and effectively oppose the prosecution's position at the individual's bail hearing.
A court may require an individual (a surety) to provide security on behalf of an accused in order to allow them to leave jail while awaiting trial. A surety is a person who will act in place of the accused; therefore, he/she is responsible for ensuring that the accused complies with all aspects of bail. In many instances, the court requires the surety to commit a certain amount of money that can be forfeited should the accused violate any aspect of their bail terms. It is imperative that anyone considering acting as a surety has complete understanding of the obligations involved prior to committing to this obligation.
Our Criminal Law Services
Confidence in Every Case
Charged with Assault?
Smart Defence Strategies.
Experienced Lawyers.
Real Results.
Providing clear, strategic guidance for every step of your legal journey.
No guesswork, no uncertainty, just trusted legal support.
Free Case Review. We speak, English, Punjabi & Hindi.
Have You Been Charged with Assault?
SCHEDULE YOUR FREE CASE REVIEW TODAY