At a bail hearing, a judge or justice of the peace will decide whether the accused should be released to await their trial or held in custody until the trial begins. Bail hearings are typically brief, but a competent lawyer can often negotiate the terms and amount of your bail and advocate for your release until the trial date.
Preparing for a trial is a complex process no matter what the charges are, and if you are being held in custody it can be extremely difficult to prepare fully. Obtaining a release order instead of a detain order is usually the preferred course of action, and being represented by a competent defence attorney as opposed to court-appointed counsel will ensure that your bail hearing receives the proper attention.
Being denied bail means that the accused will be held in custody at a detention facility up to and during the trial. This is usually done to ensure that the accused will appear before the court at the proper time, or if the Crown argues that the accused may cause a danger to the public if released. In most cases, it is up to the Crown to prove that the accused should not be released, but even if a release order is granted, the terms and conditions of bail may vary.
Please note that the information provided in this article is not legal advice and is for informational purposes only.