Bail & Bail Hearing
Protecting Your Liberty
After being arrested and charged with a crime, you will go before a judge or, in some cases, a Justice of the Peace for a bail hearing. At this time, depending on the severity of the crime, you will either be released under your own recognizance or will have the option of bail once certain conditions are met. Those conditions can include providing the courts with a surety, money or property, to ensure you will attend the required court dates.
Your Right To A Bail Hearing
In Canada, under the Charter Of Rights and Freedoms, every person accused and charged with any crime has the right to seek bail. That is why you need to have proper legal representation from the start. Without a good defence lawyer, you may spend time awaiting your day in court while remanded in custody.
We believe everyone is entitled to liberty when facing a criminal charge. Our team of criminal defence lawyers will do everything in our power to fight for you to be released on bail until your case can be presented before the courts.
Finding the right defence lawyer for a bail hearing can be difficult because there isn’t a lot of time to pull together information. The lawyer only has access to preliminary findings of the case and has to decide what bail options to ask for based on their experience.
When you choose any of the criminal defence lawyers at Ross Lutz Barristers, you can trust you are choosing a team that will work hard to get you the best possible outcome. Everything we do from the moment you call us is with your best interests first.
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Importance Of Getting Bail
Why Is It Important To Get Bail?
Whether or not you’re granted bail will affect your mental health along with changing your defence strategy. Offenders that are not granted bail and have to wait in custody often face pressure to plead guilty. In many cases, being remanded to custody can act as an impression of guilt. This impression can be a challenge for a defence lawyer to work with when proving your innocence.
No one wants to spend time in the Remand Centre awaiting their court date. Time in custody is almost always counted towards any sentence, we can help get the maximum benefit from your time in custody.
Our goal at Ross Lutz Barristers is always to provide the best possible defence to get you out and living your life.
Conditions For Bail
Assessing Bail Eligibility
If you have a criminal history and prior convictions, the judge and the Crown Prosecutor often consider that history when assessing bail eligibility.
Additionally, the court primarily considers three main things before releasing you on bail. The first is whether you will show up for court; this is also known as the primary ground. The secondary ground is whether or not you will commit further offences while out on bail. Lastly, the tertiary ground considers whether you need to be in custody to maintain the general public’s confidence in the administration of justice.
One Chance At Bail
Unless you are a young offender, you only get one opportunity to get bail, unless there is a change in your circumstances. This includes, a loss of evidence or witnesses. You can only apply for a review or appeal of the bail order if the judge made an error in the first hearing. Finding a defence lawyer who can handle your hearing appropriately and is dedicated to preserving your freedom is important.
If you are facing a bail hearing, or fear you could be under investigation, contact our team at Ross Lutz Barristers to see how we can help.Learn More About Us