Practice in criminal law requires a defence lawyer who in addition to being hard-working, determined, and innovative also stands shoulder to shoulder with his client. In short a defence lawyer; who leaves no stone unturned and exceeds expectations in professionalism, more so in cases related to Youth matters; be they issues connected with
Sentencing Hearing or
Arising out of but not limited to assault, domestic assault, sexual assault, motor accident, theft, robbery, exhortation, fraud etc. Gujral Law Office works with the client, family and their supporters to create a Release Plan that will satisfy the Court’s bail concerns to ensure the accused’s release with least restrictive conditions possible. In practice, having an experienced lawyer in bail court can make a difference between bail and jail.
Gujral Law Office accepts Legal Aid Certificates.
Legal Aid Certificates, which are issued by Legal Aid Ontario (LAO), entitles the hiring of a “free lawyer” for a qualifying client, who does not have the resources to employ one.
At a bail hearing
Generally, as a first step, the Crown presents the allegation to the Court by reading out the allegations found in the police synopses or by calling a witness (s), who usually would be police officer in charges of investigation to testify in the Court. After the allegations have been presented, the accused’s lawyer or duty counsel, as the case may be has a chance to present evidence by having the accused or one or more potential surety (or both) to testify in Court to try and convince the Court that, if released on bail, the accused will obey their bail conditions, either on their own or with the assistance of a surety (or sureties) to supervise them. After both sides have presented their evidence and arguments before the judge or the justice of peace, the latter then decides to either release the accused on bail or keep him/her in jail while they await their trial or rules on some other order (such as a guilty plea or a withdrawal of their charges).
The decision of whether or not an accused gets out on bail will be based on all relevant facts, but most times the court will examine other factors like:
The accused’s criminal record (if any)
The severity of charges
The ability of the surety to supervise the accused (if applicable)
Protection of the public or the alleged victim
The likelihood that the accused might commit further offences, if released
The age and personal life situation of the accused
The above list is indicative and factors looked into will vary according to the type of case and each individual.
Responsibilities of a Surety
Responsibility as a surety continues until the case is completely settled, howsoever long it may take. Accepting a fee in any form for acting as surety is against the law. Responsibilities of a surety include but are not limited to:
Ensure that the accused attends court proceedings as per scheduled dates and is punctual.
Ensure that the accused person obeys each/ all conditions of the bail order, also known as a recognizance.
Conditions may require that the accused person reports to the police, obeys a curfew, not possess weapons, does not drink alcohol and / or communicates directly or indirectly with the victim or victim’s family. Even surety is also not to communicate on behalf of the accused person with the victim or the victim’s family.
A person accepted as a surety must sign the recognizance, wherein he / she agree to pay a specified amount of money if the accused fails to obey any court order. A person can end his/her obligation as Surety with the permission of the Court.