If you or a loved one is facing criminal charges, understanding the criminal court process can feel overwhelming. Two of the most important stages are the bail hearing and the sentencing hearing. While both happen in court, they serve very different purposes. At Vayeghan Litigation, our experienced defence team has guided countless clients through these critical steps, ensuring their rights are protected every step of the way.

What Is a Bail Hearing?

A bail hearing happens shortly after a person is arrested and charged with a criminal offence. Its purpose is not to decide guilt or innocence, but to determine whether the accused should be released from custody while their case moves through the courts.

Key features of a bail hearing in British Columbia include:

• Timing: It must generally occur within 24 hours of arrest or as soon as a judge is available.
• Focus: The judge or justice of the peace looks at whether the accused is likely to attend court, whether they pose a risk to the public, and whether releasing them would undermine confidence in the justice system.
• Conditions: Even if bail is granted, it often comes with strict conditions—such as curfews, travel restrictions, or no-contact orders.

Having a skilled Vancouver bail lawyer is crucial. Strong advocacy can mean the difference between returning home to prepare your defence or remaining behind bars for weeks or months while waiting for trial.

What Is a Sentencing Hearing?

A sentencing hearing occurs only after a conviction—whether by guilty plea or after being found guilty at trial. At this stage, the focus shifts from deciding whether the accused committed the offence to determining the appropriate punishment.

Key elements of a sentencing hearing in BC include:

• Submissions from Both Sides: The Crown will present arguments for a particular sentence, while the defence will highlight mitigating factors, personal circumstances, and rehabilitation prospects.
• Types of Sentences: Sentences can range from absolute discharges and probation to fines, conditional sentences, or imprisonment.
• Considerations: Judges weigh the seriousness of the offence, prior criminal history, harm to victims, and the principles of Canadian sentencing law (such as deterrence, denunciation, rehabilitation, and proportionality).

This is where having experienced representation is critical. At Vayeghan Litigation, we build compelling submissions that highlight your circumstances, aiming for the most favourable outcome possible under the law.

Bail vs. Sentencing: Key Differences

• Stage of the Process: Bail hearings happen right after arrest, while sentencing comes only after a conviction.
• Purpose: Bail is about temporary release and ensuring court attendance. Sentencing is about punishment and rehabilitation.
• Consequences: At bail, the worst outcome is being held in custody until trial. At sentencing, the outcome could involve jail, probation, or other long-term penalties.

Why Legal Representation Matters at Both Stages

Whether you are at the bail stage or facing sentencing, effective advocacy can dramatically change the outcome.

• At bail, a lawyer can present a strong release plan and negotiate conditions that allow you to continue working, supporting family, and preparing your case.
• At sentencing, a lawyer can argue for leniency, highlight rehabilitation, and push back against overly harsh Crown recommendations.

At Vayeghan Litigation, our team combines deep knowledge of criminal sentencing in BC with proven experience handling complex bail hearings. We understand the stakes at every step of the criminal court process and fight to protect your liberty and your future.

Contact Vayeghan Litigation today for a confidential consultation and take the first step toward protecting your future.
Call us at 778-653-3995 or email law@mvlitigation.com now to discuss your case.