Once you have been charged with a criminal offence, you may have to face a bail hearing to determine whether you remain in jail pending your trial, or whether you will be released from jail pending trial, on certain conditions that you must abide by.
Essentially, bail hearings recognize a presumption of innocence and that an individual should remain free on a cash deposit to the Court or personal undertakings to the Court to not offend further and to return for matters related to trial, or a combination of the two.
The Crown may argue that you will not appear in court as required or that you are a danger to others. The bail hearing is a step in the judicial process with immediate and lasting effects on you.
Here Are Five Reasons You Should Hire a Criminal Defence Lawyer
1. Get the best outcome. The outcome of a bail hearing affects your ability to continue to work, travel, and look after your family until your trial. An experienced criminal defence lawyer understands fully the process of a bail hearing, what is relevant, what is reasonable, and the law that applies. This provides you with an opportunity for the best possible outcome.
2. Invest in your defence and get control of the information exchange. Providing unnecessary information because you think it is relevant to your bail hearing always works against you. Unnecessary information may raise new concerns about whether, or on what terms, your bail should be granted. Additionally, a defence can be lost, or the Crown can use the information you provide to shore-up their case against you. Having a lawyer means you are not doing the talking and that you have the advice you need.
3. It is a legal process that requires legal experience and knowledge to navigate. Don’t be fooled by what may seem like a simple inquiry. A lawyer can assess and determine how possible restrictions may actually impact your life, ensuring that your freedoms are truly maximized while presumed innocent. Any restrictions imposed must be clear, concise, understandable, practical, and least-restrictive. An experienced lawyer can readily assess the impact of proposed conditions of bail and argue against those that unnecessarily restrict your life while you await trial.
4. You are stressed and may not be thinking clearly – you need someone on your side. If you must attend a bail hearing, the charge against you is serious. This is stressful, and you will most likely not be thinking clearly or strategically. A criminal lawyer offers a reasoned approach and a strong voice that puts your interests first. Explaining the process, the objectives, and protecting you from unnecessary processes and inquiries, your criminal lawyer will relieve some of your stress.
5. Get control of the disruption in your life. Being charged with a criminal offence is disruptive and often devastating: you need a qualified, experienced lawyer on your side. Having someone that you can completely trust and talk to is important to dealing with this disruption and to evaluating and understanding your options. Talking about your case to anyone other than your criminal lawyer is risky and dangerous. A criminal lawyer will ensure you understand what is happening and that you have expert help in finding ways that put you first.