During a bail hearing, a judge may decide whether a person charged with a crime should be released from jail before trial. The Crown Prosecutor can oppose bail, arguing that the person should be kept in custody until trial. Whether the Crown is successful in its argument depends on the seriousness of the charges and the evidence presented. It is important to contact a lawyer as soon as possible if you are arrested and charged with a crime. Look at here to find a reliable bail hearing lawyer near me.
It involves the prosecution:
A bail hearing is usually held in a courtroom at the courthouse. This hearing involves the prosecution, the defense, and the justice of the peace. The Crown may call a witness or present written materials, such as documents and photographs. The defense will also present its case. The judge will decide whether the evidence presented proves the charge beyond a reasonable doubt.
An attorney will present a summary of evidence against the accused:
During a bail hearing, the Crown attorney will present a summary of evidence against the accused. The Crown must also present arguments to keep the accused in custody. The defense will be present and cross-examined by the Crown prosecutor. If the defense presents evidence that supports the Crown’s arguments, the Crown may be compelled to put forth reasons why bail should not be granted. If the Crown presents evidence that proves the charge is not serious, the judge may release the accused on their recognizance or be compelled to accept a surety. The judge may also remand the accused into custody.
They will discuss the evidence to be presented:
Before the bail hearing begins, the Crown prosecutor and defense will discuss the evidence to be presented. They will also discuss the bail plan, which explains how the defendant will be supervised in the community. It is important to ensure that both sides clearly understand what they are arguing for. The court will also consider the crime’s nature and the witnesses’ potential safety.
The accused’s file will usually contain a summary of the facts of the case, a criminal history, an order to keep the accused away from the co-accused, and other evidence. The defendant’s lawyer will try to convince the judge that they will abide by the bail conditions.