Criminal Bail & Bail Review - Edmonton Criminal Defence Law- RANBIR S. THIND LAW OFFICE
FOR BAIL EMERGENCIES IN OR AROUND EDMONTON, PLEASE CONTACT US 24/7 AT 780.966.0010 or email: [email protected] - FOR ANY NON-EMERGENCY MATTER, PLEASE CONTACT US AT 780.784.1295 OR VIA EMAIL AT [email protected]
Nothing is more important in a criminal case than obtaining a quick bail. If you, your friend or family member is charged, we may be able to negotiate with the police to secure your release from the police station without the need to have a bail hearing. There are some cases where the police will require a bail hearing upon arrest rather than a releasing the accused person. Our primary objective at a bail hearing is to ensure that our clients get out of jail so that they can go on with their lives and jobs while waiting before their cases go to trial. In many cases, we are able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that his clients may be denied bail by the J.P or the Judge.
A poorly conducted bail hearing could have disastrous consequences for the average person. It could result in weeks or even months spent in jail without ever having been convicted of a criminal offence. Even if you are fortunate enough to be released from custody, Ranbir Thind can ensure that the bail restrictions imposed by the judge are lawful and reasonable so that your bail does not unduly interfere with your right to work, travel, or be with your family.
Frequently Asked Questions about Bail:
Does everyone charged with offence require a bail hearing?
For most criminal offences, the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns on one or more of the grounds such as accused’s identity is not established, the accused may interfere with the evidence or witnesses, fear that accused will continue or repeat the offence or commit other offence and/or the accused may not show up for the Court or there is a prior history of revoking the bail or the person was already on bail at the time of arrest.
How does the Court (J.P or Judge) decide who to release on bail?
In determining whether or not an individual facing criminal charges should be released from jail, the Court must be satisfied that the accused person will attend their court dates, that there is not a substantial likelihood that the accused would commit further criminal offences while released on bail and that the community would not be offended by the person's release given the serious nature of the offences alleged and the strength of the prosecutor's case against the accused.
What is accused person required to do to in order to get bail?
At the bail hearing stage, the person charged may need the assistance of his or her friends or family members to come to court and act as sureties. A surety is somebody willing to supervise the accused person while released on bail and is responsible for ensuring that all of the conditions of the bail are being followed. In some instances, the accused person may be required to live with the surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise the accused person or risk losing their money should they fail to do so.
What can be mentioned at a bail hearing?
The prosecutor may present a wide range of information about the accused person and about the offense with which they are charged, including the prior criminal record and specific facts relating to the charges. As everyone in Canada is innocent until proven guilty, the public disclosure of the allegations against an accused person could significantly impact their right to a fair trial. In certain circumstances, the lawyer can request a publication ban on this information.
What are some possible conditions of release?
Some accused are released from custody after a bail hearing with relatively minor conditions while others are subjected to strict conditions if released on bail. These bail conditions dictate what an accused person can or cannot do while awaiting the outcome of their criminal case. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location (such as complainant’s home or workplace), to maintain a curfew, to abstain from consumption of alcohol, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes.
What happens if the accused is not granted bail?
In the event of a denial of bail, the accused will have to bring a special application to the Court of Queen’s Bench to have his/her detention order reviewed by a higher level of Judge.
What happens if an accused is caught violating his bail conditions?
If an accused person is caught violating any condition of their bail, they may be arrested, charged and brought back to court for another bail hearing. In some cases, the court may revoke the previous bail order or impose more stringent conditions if the Judge grants a subsequent release on a new bail.
We accept Visa, MasterCard and Debit
Nothing is more important in a criminal case than obtaining a quick bail. If you, your friend or family member is charged, we may be able to negotiate with the police to secure your release from the police station without the need to have a bail hearing. There are some cases where the police will require a bail hearing upon arrest rather than a releasing the accused person. Our primary objective at a bail hearing is to ensure that our clients get out of jail so that they can go on with their lives and jobs while waiting before their cases go to trial. In many cases, we are able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that his clients may be denied bail by the J.P or the Judge.
A poorly conducted bail hearing could have disastrous consequences for the average person. It could result in weeks or even months spent in jail without ever having been convicted of a criminal offence. Even if you are fortunate enough to be released from custody, Ranbir Thind can ensure that the bail restrictions imposed by the judge are lawful and reasonable so that your bail does not unduly interfere with your right to work, travel, or be with your family.
Frequently Asked Questions about Bail:
Does everyone charged with offence require a bail hearing?
For most criminal offences, the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns on one or more of the grounds such as accused’s identity is not established, the accused may interfere with the evidence or witnesses, fear that accused will continue or repeat the offence or commit other offence and/or the accused may not show up for the Court or there is a prior history of revoking the bail or the person was already on bail at the time of arrest.
How does the Court (J.P or Judge) decide who to release on bail?
In determining whether or not an individual facing criminal charges should be released from jail, the Court must be satisfied that the accused person will attend their court dates, that there is not a substantial likelihood that the accused would commit further criminal offences while released on bail and that the community would not be offended by the person's release given the serious nature of the offences alleged and the strength of the prosecutor's case against the accused.
What is accused person required to do to in order to get bail?
At the bail hearing stage, the person charged may need the assistance of his or her friends or family members to come to court and act as sureties. A surety is somebody willing to supervise the accused person while released on bail and is responsible for ensuring that all of the conditions of the bail are being followed. In some instances, the accused person may be required to live with the surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise the accused person or risk losing their money should they fail to do so.
What can be mentioned at a bail hearing?
The prosecutor may present a wide range of information about the accused person and about the offense with which they are charged, including the prior criminal record and specific facts relating to the charges. As everyone in Canada is innocent until proven guilty, the public disclosure of the allegations against an accused person could significantly impact their right to a fair trial. In certain circumstances, the lawyer can request a publication ban on this information.
What are some possible conditions of release?
Some accused are released from custody after a bail hearing with relatively minor conditions while others are subjected to strict conditions if released on bail. These bail conditions dictate what an accused person can or cannot do while awaiting the outcome of their criminal case. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location (such as complainant’s home or workplace), to maintain a curfew, to abstain from consumption of alcohol, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes.
What happens if the accused is not granted bail?
In the event of a denial of bail, the accused will have to bring a special application to the Court of Queen’s Bench to have his/her detention order reviewed by a higher level of Judge.
What happens if an accused is caught violating his bail conditions?
If an accused person is caught violating any condition of their bail, they may be arrested, charged and brought back to court for another bail hearing. In some cases, the court may revoke the previous bail order or impose more stringent conditions if the Judge grants a subsequent release on a new bail.
We accept Visa, MasterCard and Debit
