How Barristers and Solicitors Fight For Your Liberty at Bail Hearings

January 25, 2024

In Canada, judges decide whether or not you or your sureties can post bail and spend time free while waiting trial. An experienced lawyer must advocate on your behalf at these hearings to secure freedom for all.

Statistics reveal that defendants held in custody are statistically more likely to plead guilty and receive harsher sentences, so having a knowledgeable lawyer on your side can ensure your rights are respected and that a fair trial ensues.


An essential aspect of bail hearings is affordability for your legal representation. Whether charged on an hourly or block basis, it's crucial that you speak to your solicitor about all fees including disbursements such as transcript costs, expert witness fees, printing and binding expenses and so forth.

At a contested bail hearing, the Crown will attempt to convince the judge or justice of the peace that you should remain in custody on several grounds: that you may fail to appear for court when required, commit further offenses and pose a threat to public safety if released from custody.

Defense barristers or solicitors that have prepared effectively can often convince a judge that you should be released on minimal or no conditions - this can make a huge difference to your life, since being denied bail could mean lengthy imprisonment and negative repercussions for dependents and finances.


Barristers (or litigators) are legal professionals specialized in representing clients before courts and hearings, presenting legal arguments, advocating on their behalf during trials and hearings, as well as handling other non-litigious aspects such as drafting legal documents or participating in settlement negotiations.

At a bail hearing, the Crown will present their position regarding your detainment or not. They will outline their allegations, the circumstances of your case and any prior criminal history you have. They may ask you for sureties who would guarantee that you attend all court appearances and adhere to terms of bail.

An experienced bail hearing lawyer will challenge the Crown's portrayal of their client as a flight risk or danger, propose strong plans of supervision and utilize evidence, case law and laws on judicial interim release to argue in favour of your release from custody. Furthermore, they may try to amend your bail conditions either with Crown approval or through review hearings.


Since criminal allegations and their cases remain private, criminal lawyers can utilize this as an opportunity to present an informed, comprehensive, and targeted argument for pretrial release at initial appearance and bail hearings.

Virtual hearings offer individuals an informal yet accessible environment to connect more closely to the justice system and court proceedings - especially important for marginalized communities or young people.

Bail hearings are an essential aspect of criminal proceedings, with refusal to grant bail potentially leading to months or years in detention while your case proceeds. Therefore it's crucial that your lawyer fully comprehends your situation, the criteria the judge will be using when considering an application and any possible repercussions from denial of bail application. A Guide to Conducting Bail Hearings in Canada addresses many commonly asked questions about bail hearings across Canada - making this book a useful reference source.


Barristers and solicitors are highly-skilled legal professionals with extensive knowledge of legal issues. Other lawyers frequently enlist their services when facing complicated or unusual cases.

At a bail hearing, the Crown outlines for the judge which crimes have been alleged and any conditions the court must impose. At that point, an accused must attempt to convince their judge that keeping them behind bars is unwarranted and an order for release should be issued immediately.

Barristers can assist you with understanding the complexities of Crown pre-trial proceedings and their bail arguments, providing insight into evidence in your case and potential strategies available to you to ensure a successful bail hearing.

Barristers offer one-stop legal solutions for their clients by filling both roles at once. In doing so, they can smoothly transition between courtroom advocacy and providing comprehensive legal services outside of litigation.

In conclusion, navigating the complexities оf a bail hearing can feel overwhelming, but remember, you don't have tо face іt alone. Experienced bail hearing barristers and solicitors are your essential allies іn the fight for your liberty. Their expertise іn legal arguments, knowledge оf pre-trial procedures, and unwavering commitment tо your rights can greatly increase your chances оf securing release and rejoining your loved ones while awaiting trial. Don't hesitate tо enlist their support and fight for your freedom with the best legal team by your side. Remember, justice often rests оn the shoulders оf a skilled advocate – choose yours wisely.

David Sunnyside

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