Bail
Have you or your loved one been arrested? This maybe the first time this has happened. You needn’t worry as you will have a strong chance to be released at your bail hearing.
Everyone accused of an offence is innocent until proven guilty and it is imperative that you speak to an experienced criminal lawyer about your bail hearing and the procedure involved.
Trying to get pre-trial release on your own is a risk itself and may result in the rejection of bail.
When a person is arrested by the police, they can either be released at the police station or taken before the Court for the Crown Prosecution to ‘show cause’ or demonstrate why they should be released pending trial. If you are not released on bail until the conclusion of your trial, the consequences on you and your family can be devastating. We assist you in preparing for your bail hearing. We use your experience, skills and preparation to make sure that there is no stone unturned when securing your release. A person’s liberty and freedom is paramount, and therefore it is crucial for you to understand what preparation is required to go into a bail hearing.
We firmly believe in and strive to uphold your rights under the Canadian Charter of Rights and Freedoms. We believe that everyone is innocent until proven guilty in a court of law.
Whether you have previous convictions, outstanding charges, have breached previous release orders and have a strong and reliable surety all go in to determining your release at a bail hearing.
It is important to note that if you are not released at your bail hearing, you will be remanded into custody for the duration of your case and the completion of trial.
There are circumstances where your lawyer can communicate with the officer in charge at a police station to secure your release. It is imperative that you speak to an experienced criminal lawyer. We provide you with the experience, expertise and skill in securing your release from police custody.
How we prepare for your bail hearing
We at Juzkiw law can assist you with our experience, preparation and advocacy skills in successfully securing judicial release at your bail hearing. We can negotiate your release with the Crown Prosecutor depending on the facts and circumstances of your case.
In a ‘reverse onus’ bail hearing, the onus is on the accused to prove why he or she should be granted a release. This is in cases of more serious offences and requires preparation by an experienced criminal lawyer.
We attempt to create a strong bail release plan with reasonable release conditions. We prepare your surety with questions asked during the bail hearing.
We have the knowledge and capability in assisting people secure judicial interim release. It costs nothing to talk to us. We provide you with the preparation and experience in preparing your surety for the bail hearing and putting forward a strong bail plan.
Call us now at (416) 290-5055 or email us at info@juzkiw.com if you or your loved one have been held for bail.
Grounds for denying bail;
There are three grounds for denying bail; Whether or not the accused is a flight risk; Whether or not the accused is likely to reoffend; and if it is necessary to maintain confidence in the administration of justice. Depending on which of the grounds the Crown wants to deny your bail, we prepare for your bail hearing accordingly and attack the grounds.
What is a bail variation? Can I get my bail conditions changed?
You need an experienced criminal lawyer to assist you in getting your bail conditions changed. This can be done either with the consent of the Crown or with a bail review application.
Whether or not your bail conditions can be changed will depend on the facts and circumstances of your case, the offence you have been charged with, whether you have breached previous release orders. Being unprepared and unfamiliar with the Criminal Justice System in Ontario can lead to unfavourable bail conditions and unnecessary complications that could hamper your employment and personal life. It is important to speak to an experienced criminal lawyer about your bail conditions immediately.
I am a surety for a family member, what are my duties and obligations?
Being a surety means you are responsible for the person who has been charged with a criminal offence and is released on bail. The person’s release will come with certain conditions. You will essentially be a jailor in the community, ensuring that the accused person does not breach his bail conditions. If the accused breaches the bail conditions, you are obligated to inform the police and the court. Your responsibilities include Make sure the accused person goes to court when required; Make sure the accused person follows the bail conditions; Call the police if the accused person doesn’t follow any of the bail conditions.
It can be a huge burden to be responsible for someone charged with a criminal offence, whether that person be a family member or a friend.