Hiring a Toronto Criminal Lawyer for a Bail Pending Appeal

When a person is given a jail sentence and wants to give a bail pending appeal, there are some legal aspects to take into consideration. Obviously, it’s crucial to take expert assistance since it’s not possible for an ordinary individual to handle everything on his/her own. It’s necessary to collect information regarding the criminal bail process before taking any step. According to Ernst Ashurov, people have to know everything about the criminal appeals and how to initiate themby the crown attorney, where no one could be as helpful as a Toronto criminal lawyer because the person possesses knowledge to handle all the legality.

  1. Understanding Bail Pending Appeal

The concept of bail pending appeal has been derived to keep the clients or accused from custody while he/she wait for the appeal being heard. Since the appeal process takes more time than usual, the client is rest assured to not wait for months or years to see proceedings while in the jail.

  1. Steps to takebefore a Bail Appeal is Sought

Before anything else, the primary thing is to file a notice of appeal with the court so that basic reasons can be set out for appeal and the process can be commenced accordingly.

  1. Time Period for Bail Appeal

After the notice of appeal has been filled, the next step is to apply for the three-day notice before the appeal court to the Crown Attorney. Keep in mind that a Toronto criminal lawyer may need to spend a few weeks or more to prepare all the documents to maximize the chance of getting bail.

  1. Distinguishing an Appeal Bail Hearing from a Bail Hearing at Trial

Opposed to bail at trial, there is rarely any need to testify in court on bail pending appeal. The sureties have to provide information, particularly purposed bond and the release plan, in the form of an affidavit. They should be prepared properly and explain both, the client’s record on previous orders and the release plan.

  1. Who Decides to Release on Bail Pending Appeal?

The decision is held with the judge of the Appeal Court who may think to whether continue on the actual appeal hearing or not after the bail hearing is completed.

  1. Factors that a Judge Would Consider in an Appeal Bail Hearing

According to a qualified Toronto criminal lawyer, there should be appropriate bail application material to obtain bail on appeal. There should be no reason to enjoy the innocence presumption. The rule of thumb is to meet the following three aspects:

  • The appeal should be based on authentic and legal facts
  • The client should surrender in accordance with the release order terms
  • Detention is not needed as per the public interest
  1. Need to Conduct Bail Pending Appeal Hearing

Last but not the least, it’s necessary to hire a Toronto criminal lawyer who is able to properly articulate the factors of the bail pending appeal. He/she should be in a better position to help the Court in understanding everything about the arguments so that they can think about the decision.

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