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How Do I Get Someone One Out On Bail?
Posted on November 16, 2020
You’ve just received a call from from jail. Not a situation you would ever wish to happen, but if or when it does, you need to know how you can help them. Getting arrested is a stressful time for the client and family members. Trying to figure out how they can help can be overwhelming. What do you need to know about bail, surety, and the importance of hiring a qualified lawyer?
What Is Bail?
Many Canadians associate bail with what they see on TV and in movies. They think that bail is a large upfront payment to release someone from custody. In Canada, the system works differently. Bail or judicial interim release is just the temporary release of an accused person. Bail allows an individual to leave custody while their case proceeds through the court system. Release on bail largely depends on the circumstances of the case, the charges and the clients personal circumstances.
Everyone is eligible for bail. There are circumstances where a client poses potential problems for release. Bail eligibility factors in elements such as being a flight risk, is a danger to the community, is an habitual offender, or has a lengthy record of especially severe or violent crimes. These are some reasons why bail may be denied, and affects your bail eligibility. However that does not mean they cannot apply for bail. The recent changes to the law on bail in Bill C-75 make bail much easier to obtain. Our priority is getting our clients out on release as soon as possible, and argue for their bail eligibility.
What Is A Bail Hearing
A bail hearing often takes place in front of the Justice of the Peace when the individual can speak for themselves or be represented by a lawyer. The bail hearing is not about deciding guilt or innocence. The hearing determines if release of the client into the public while awaiting trial is possible. They will consider bail eligibility during this hearing.
Both the Defence lawyer and the Crown Prosecutor will have a chance to speak and make submissions on whether bail should be granted during the bail hearing. If the Judge decides to grant bail, the individual will follow the agreed-upon bail conditions anda court date will be set.
What Are Some Bail Conditions
When released on bail, the Judge may impose bail conditions. Bail conditions are simply rules that the accused must obey while out of custody. Failure to comply can result in new charges for breaching bail conditions. The accused can be re-arrested and face another bail hearing. Being granted release during a second bail hearing will be more difficult. Especially because they have now proven, they cannot follow the guidelines set by the Judge.
The Judge can choose from many different bail conditions to assign to an individual. It largely depends on their specific case and charges. For example, a condition could be no communication with other people involved in this case, such as the alleged victim or even the co-accused. Other potential bail conditions include staying at a specific address. It can also involve staying away from a particular location, carrying release documents or bail papers, reporting to probation and not possessing or consuming intoxicating substances. The conditions however must relate to the charges and not impose restrictions that have no part in the alleged criminal charges.
The accused must understand the specific bail conditions set for them. If they do not consent and are not prepared to follow the bail conditions, they will not be eligible for release and will remain in custody until the trial.
Do I Always Need To Pay For Release
No. There are many forms of bail some of which do not require money. The court is required by law to impose the fewest conditions necessary to ensure the client is suitable for release in the community. The Court might ask for a cash deposit if the client has a lengthy record or has not followed bail conditions on prior occasions or in certain other limited circumstances. The Court could ask for a surety or someone who is willing to supervise a clients release by pledging property of value for the clients release.
If the Court seeks a cash deposit, they require payment before the release of the accused. The same for when offering a surety, the completion of arranging a property collateral or promise to pay the amount has to come before release.
Hiring A Lawyer For Bail
There are many things an experience defence lawyer can do to help a client get released. Working with an experienced lawyer will help make a stressful process go a little smoother. A defence lawyer will also help create a release plan that is suits the individual’s case. This ensures they have the best chance of release.
The lawyer will also help negotiate terms of release and examine and explain all conditions to a client. If charged with failing to comply, it becomes more difficult for the accused to get back out on bail.
Contact our team of experienced lawyers today if you need to find a bail lawyer in Alberta. Our legal team at Ross Lutz Barristers can help fight for the accused’s rights, and help argue for bail eligibility.