Area of Law: Criminal Law
Answer # 751
How does a past criminal record affect getting bail?Region: Ontario Answer # 751
In determining whether a person should receive bail, the court will review the severity and how recent a past criminal record is. If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible.
In a bail hearing, the court will consider what is reasonable under the circumstances. For example, if a person has a lengthy and serious criminal record, this will usually reduce, if not eliminate, a person’s chances of obtaining bail. The court will consider that such criminal behaviour indicates that the individual cannot live in a law abiding fashion. Unless there is some exceptional reason to show that the individual can now be trusted, in such circumstances, he or she will probably not be granted bail.
In most cases, where a person has a modest and/or old criminal record, the court will grant bail. Another consideration is whether the accused has any prior convictions for breaching past bail orders. If the accused has breached the conditions of previous bail orders, then he or she might have some difficulty convincing a judge that he or she will be a good risk for bail, even if the past criminal record is not that lengthy and/or involves mostly petty crimes.
If you have been charged with a crime, contact our preferred criminal defence experts, The Criminal Law Team .
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