WHAT IS BAIL?
When you are arrested, the police have some discretion as to your manner of release. Sometimes, they may release you immediately at the scene and provide you with a notice of appearance to attend court for your charges. In other cases, depending on the charges and various other factors, such as a history of breaching court orders, you may be held in custody either at the police station or a detention centre until you get what we call a “bail hearing”.
Bail, or a judicial interim release, is an agreement- following a hearing before a judge or justice of the peace- that allows for your release with certain conditions you must abide by. If the police decide not to release you at the station, you must be brought before the court within 24 hours to have a bail hearing. Often, if you have no criminal history, the burden will be on the crown to show why you must remain in custody- we call this the “crown onus”-. However, if you have a criminal record, or are in breach of a previous court order, for example, you will find yourself in what is called a “reverse onus” situation, and the burden will be on you to show why you should be released.
YOUR BAIL PLAN
As soon as you know you are being held for bail, it is essential to start thinking about a bail plan. A bail plan is a plan you formulate, with the help of a lawyer, to convince the court that you should be released. A bail plan is crucial to succeed at a bail hearing, whether it is a crown onus or a reverse onus situation. A bail plan must take into account the concerns brought forward by the charges you are facing.
For example, where you are charged with assaulting a partner you live with, it is important that in your plan you consider finding a new place to reside upon release. This way, you can convince the court that you will not be coming in contact with the victim since the crown will likely advance that the complainant/victim fears for their safety.
It would help if you planned for a new residence for your release, even in a case where you are the tenant and your partner is not on the lease agreement. Depending on the seriousness of the charges, your personal history, etc., you may also want to consider potential sureties to help with your release. Have their names and contact information ready to provide to the lawyer representing you at the bail hearing.
CALL CAMARA LAW FIRM FOR YOUR BAIL HEARING
It’s crucial that when you contact Camara Law Firm (or any other lawyer) for your bail hearing, you provide as much information as possible about yourself and the people that could help you if you were to be released into the community. For example, one of the first things you should tell your lawyer is your status in Canada (Canadian citizen, permanent resident, foreign national, etc.). Your status in Canada can have an impact on the likelihood of receiving bail.
In a case where you are a foreign national, for example, the crown can argue that you are a flight risk and that if you are released, you can flee Canada and not return to deal with your charges. Your lawyer must know your status to counter such arguments. Other biographical information that is important to provide is your age, date of birth, education and employment status, and information about your family and children in Canada if any. Another essential information for your lawyer to know is whether you have a criminal record (including information about the offences you were convicted of or pled guilty to and when they took place).
Provide as much information as possible so that Camara Law Firm can advocate on your behalf in the best way possible. The information you provide can accelerate your release, and may eliminate the need for a bail hearing, as the crown may consent to your release following our negotiations.
