Bail Hearings Defence Lawyer in Toronto, Ontario

Bytensky Shikhman Criminal Law Firm is committed to assisting clients with experienced criminal lawyers that are available on short notice when a bail hearing arises.
Bail Hearings Defence Lawyer in Toronto, Ontario

Nothing is more urgent in a criminal case than obtaining speedy and reasonable bail. Contact one of our criminal lawyers at the earliest opportunity to address your bail rights.

If you are arrested for a crime, call on the Bytensky Shikhman Criminal Law Firm’s extensive experience to advise and assist you. Our criminal lawyers have successfully argued thousands of bail hearings, ensuring that our clients can go on with their lives and jobs while waiting the many months that often pass before a trial. Our success at bail hearings is unsurpassed and includes hard-fought victories on both 1st and 2nd degree murder charges.

The first few hours after being charged with a criminal offence are often the most critical. Decisions and statements made at this early stage can dramatically affect the outcome of a trial months or even years down the line.

Boris Bytensky is the defence representative on a province-wide task force examining changes to the current bail system. The knowledge and experience of these senior partners is shared throughout the firm and leaves our lawyers supremely well prepared to argue difficult bail hearings even on short notice in emergency situations.

A poorly run bail hearing could have disastrous consequences for the average person, resulting in weeks or even months spent in jail without ever having been convicted of a criminal offence.

Even if you are fortunate enough to be released from custody, we can ensure that the conditions the court sets are lawful and reasonable so that your bail does not unduly interfere with your right to earn a living, travel, or be with your family.

In addition to our extensive experience conducting bail hearings in the Ontario Court of Justice, the lawyers of Bytensky Shikhman are also often called upon to argue bail reviews in the Superior Court.

If you feel you have been unjustly denied bail, we urge you to contact our office to consider the possibility of appealing that decision.

It is absolutely essential that you make contact with your lawyer at the earliest opportunity, as bail reviews with the Superior Court require considerable document preparation, including acquiring transcripts of the original charges. Until all these materials are prepared and filed, you will have to remain in custody. Our office will work quickly to gather the necessary documentation and prepare a powerful argument to be heard by the Court at the earliest opportunity.

Since 1975, Bytensky  Shikhman Criminal Lawyers have been a leading criminal law firm in the Toronto and Southern Ontario area.

FAQ

A surety is a person who comes before the court and agrees to supervise an accused person while they are on bail in the community. The surety, who is usually a friend or family member of the accused person, is responsible for ensuring the accused person follows the conditions on his or her release order and attends court as required. It is the surety’s job to call the police if the accused is not following their conditions.

To satisfy the court that the surety will fulfill his or her obligations, the surety promises a sum of money to the court that the surety is liable to lose if the accused person does not follow his or her conditions. There is no set amount that a surety must pledge. The amount is set on a case-by-case basis depending on factors such as the surety’s assets and income, the accused’s record and prior compliance with bail, and the seriousness of the charges.

For more information, please click the link “What Sureties Need to Know”

The default position in the Criminal Code is that an individual accused of committing an offence ought to be released on bail. If the Crown seeks to detain an accused person pending that person’s trial, the Crown must demonstrate to the Court that the accused’s person detention is necessary on at least one of three grounds:

1. To ensure the accused person attends court;

2. To protect public safety; or

3. To maintain confidence in the administration of justice

In a reverse onus situation, the presumption of release no longer applies, and it is the Accused who must demonstrate to the court that he or she should be released.

No. All charges, even the most serious ones, are eligible for bail. If, however, you are charged with an offence listed in s. 469 of the Criminal Code—which includes offences such as, treason, piracy, and murder—special procedures apply. In these cases, the accused person must apply to the Superior Court for bail and will typically only be released on a very stringent bail plan with a high degree of supervision.

If you are denied bail you can apply for a “bail review” pursuant to s. 520 of the Criminal Code. To be successful on a bail review, an accused person must demonstrate:

· That there has been a material change in circumstances since the first bail hearing;

· That the Justice of the Peace made a legal error in the original bail decision; or

· That the original decision is clearly inappropriate

Yes. In some cases, the Crown may agree to vary your conditions after your release. This is called a consent variation. To determine whether to consent to the proposed change, the Crown will consider factors such as the reason for the request and your previous compliance with bail. In cases where the Crown will not consent to the variation, you will need to bring an application for a bail review.

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    Chris Gove
    Chris Gove
    2021-06-23
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    Very knowledgeable and easy to reach.
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    john struthers
    2020-06-27
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    One of the finest counsel in the Country.
    Dod Ndreu
    Dod Ndreu
    2020-05-02
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    Edward is an excellent lawyer. He is very professional and hard working criminal lawyer. I hired him for my sons criminal matter as he was looking at numerous charges and some serious jail time. He worked very hard on my sons case and dropped all charges. My son was able to get away with no jail time, thanks to Edwards hard work.. Edward was a godsend to me and my family in the hardest time of my life, and I will never forget. Every thing he told me during the court sessions happened exactly as he had planned them. I would very highly recommend Edward, his work speaks for itself. If you want positive results this is the guy to hire. Thank you Edward for what you have done for me and my family. All the best, Dod
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    Christopher Seiler
    2020-04-04
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    Sonya Shikhman was a total life saver. She took my case in her hands and never left me doubting that I had the best representation I ever could. Thank you for your professionalism, your commitment and accuracy.
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    Adriano Carpenter
    2020-04-04
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    Sonya is very professional, knowledgable and pleasant lawyer. She was always there when we needed her. She was patient, explained every step of the very unpleasant process and prepared us for every day of the trial. I have been recommending Sonya and her law firm ever since. Thank you, Sonya! Keep up Great Work!
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