TORONTO - The lawyer for accused baby snatcher Michelle Marie Gopaul says he's optimistic his client will be released on bail next week.

The New York City-area model, actress and aspiring singer was back in a Toronto courtroom Tuesday where a bail hearing was set for Jan. 21.

Gopaul, 24, is charged with a bizarre baby abduction at a bogus movie casting call on Dec. 30.

Her lawyer said Gopaul, who is from the Hollis neighbourhood of Queens, has a student visa and is a "viable candidate for release."

"My client has no criminal record, no outstanding charges and (it's her) first time before a court," Gary Batasar said outside court.

Gopaul, who is charged with abduction of a person under the age of 14, is in "better spirits" than her last court appearance, although her family remains concerned, he added.

Batasar spoke Tuesday with immigration officials who are doing their own investigation. He said Gopaul has been living in Toronto legally to study at the Fiorio hair salon.

Abigail St. Pierre, a spokeswoman for the salon, said in an email that Gopaul had submitted an application but is not currently a student there.

Wearing green prisoner garb during her appearance Tuesday, Gopaul looked straight ahead as her aunt sat in the courtroom.

Outside court, Rita Gopaul said she had "no idea" how her niece got into such a situation.

"She's a beautiful, kind, loving, caring, very family-oriented person, so your guess is as good as mine," said Gopaul.

Batasar refused comment on media reports Gopaul had recently faked a pregnancy and told friends and relatives she had given birth.

When asked if her niece had ever expressed a desire to have children, Rita Gopaul said "not that I know of."

Police allege one-month-old Roma Patel was abducted after her parents took her to a fake casting call for a Bollywood movie shoot advertised on Craigslist. The ad offered $15,000 in compensation.

The audition took place at A la Carte Videos in Toronto's west end. Its owner, Nathalie Malette, said a woman told her she'd rented the yoga studio next door but that the deal fell through and she wanted to use Malette's studio for 15 minutes for auditions for an Indian film.

Malette said she later learned from police that a baby had allegedly been abducted from the studio.

Electrician Frank Berti, who let the woman in, said he let her use the studio longer than planned after she said the people she was auditioning were delayed.

The woman seemed friendly and smiled a lot, said Berti, adding he let her use his phone and drove her to a library to use the Internet.

Four babies were brought by parents to the studio, including the one who was allegedly abducted, he said.

Berti said the father didn't realize at first that his baby was missing and didn't call police until about 20 minutes later.

The unharmed baby girl was returned to her parents a few hours later.

Gopaul's lawyer said her mother is in New York but will return for her daughter's bail hearing.

When asked if Gopaul would live with her aunt if released, Batasar said other sureties are available.

Batasar said he thought the story was getting so much attention because of the "unique circumstances of the case" and the fact that Gopaul is from the United States.