If you have been charged with an offence and have not been released by the police, you have the right to a Bail Hearing within 24 hours of being arrested. Given the short timeline, you must be sure to contact a lawyer as soon as possible.
What Happens at a Bail Hearing?
At a Bail Hearing you will be brought before a justice of the peace who will determine whether you can be released from custody while you are awaiting trial.
Will I likely be Released on Bail?
Unless you are charged with a very serious offence, there is a presumption that you will be released.
However, you may remain detained if the Crown attorney convinces the justice that:
- you are unlikely to show up for court appearances,
- detention is necessary to protect the public and/or
- you are likely to re-offend while released on bail.
You may be released with or without conditions, depending on the circumstances of your case. Conditions that may be placed on your release include:
- depositing money with the justice, which you will lose if you do not obey the conditions of your release order;
- having friends or family members act as sureties who will promise to pay a certain amount of money if you do not obey the conditions of your release order;
- reporting regularly to a police officer;
- remaining within a certain geographical area;
- not communicating with certain people; and/or
- not possessing a weapon.
How Can DUVADIE Law Help me get Released on Bail?
The first step DUVADIE Law will take upon receiving a call from you is to contact the Crown attorney and ask that he or she consent to your release.
If the Crown Attorney will not consent, the next step is to create a comprehensive release plan that will be presented at your Bail Hearing. We will contact potential sureties and make sure that they are appropriate candidates. We will also ensure that they understand their responsibilities as sureties. We will also prepare arguments regarding why you should be released.
What Happens if I am not Released on Bail?
If you receive a negative decision at your Bail Hearing, you can apply to have the decision reviewed by a judge. However, having a negative decision overturned is not easy. In order to be successful, you must show either that the justice made a legal mistake or that your circumstances have changed so that if your Bail Hearing were held today, you would be released. If you wish to have a negative bail decision reviewed, please contact DUVADIE Law for assistance.
If you are not released on bail and are not able to have the negative decision overturned, you could be held in jail for months or even years awaiting your trial. Thus, it is important, from the outset of your case, to have the assistance of a strong legal advocate who will look out for your interests.