Bail & Release Hearings
Helping You Move Forward with Confidence
Being detained can be a frightening and disorienting experience. At Nihang Law, we understand the urgency of securing your release and the importance of a strong bail plan. Our goal is to guide you through the bail process with clarity and determination and ensure your rights are protected every step of the way.
What Is a Bail Hearing?
A bail hearing is a court proceeding where a judge or justice of the peace decides whether an Accused person should be released from custody while awaiting trial. Under the Criminal Code of Canada, anyone who is arrested has the right to a bail hearing within 24 hours if a judge is available, or as soon as possible otherwise.
During the hearing, the court assesses whether the accused can be safely released into the community and considers factors such as:
- The nature and seriousness of the charges;
- The accused’s criminal record (if any);
- Flight risk and likelihood of attending future court dates; and
- Potential risks to public safety or interference with witnesses
If the court grants bail, it may impose conditions to ensure compliance and protect public safety. These conditions can include curfews, no-contact orders, geographic restrictions, or supervision requirements.
Understanding the Bail Process
During the bail hearing, the court will consider:
Where you will reside while on bail
- Who will supervise you (a surety or participation in a Bail Supervision Program)
- Conditions of release, such as curfews or restrictions
- Your employment or educational commitments
- Any substance use concerns and how they will be addressed
- Your ability to attend all court dates
It is crucial to focus on presenting a solid bail plan rather than discussing the charges themselves during the hearing.
Our Approach
At Nihang Law, we work diligently to:
- Develop a comprehensive bail plan that demonstrates your commitment to complying with court conditions.
- Identify suitable sureties or connect you with appropriate supervision programs.
- Advocate for reasonable bail conditions, aiming to minimize disruptions to your daily life.
- Represent you effectively during the hearing, ensuring your voice is heard and your rights are upheld.
What to Do When Bail Is Denied
If bail is denied, it does not mean the end of your options. You may still be able to secure your release through a bail review. A bail review is a process where a higher court examines the original decision to deny bail, considering whether any legal errors were made or if there is new evidence to support your release.
To proceed with a bail review, it is essential to:
- Act quickly, as there are strict timelines for filing a review.
- Identify any errors made during the original hearing.
- Present new evidence or circumstances that were not previously considered.
- Demonstrate a strong and improved bail plan, addressing any concerns raised by the initial decision.
Our legal team will carefully assess your case to determine the best approach to seeking a review. We will also guide you through each step to ensure that your application is thorough and persuasive.
Contact Nihang Law Today
If you or a loved one is facing a bail hearing or has been denied bail, don’t navigate this challenging time alone. Contact Nihang Law for a confidential consultation. We’re here to provide the guidance and advocacy you need to move forward.