Freedom Before Trial: Bail Hearings
Your first contact with Bernstein Law Group may be when you — or a relative or friend of yours — call us to get you out of jail after an arrest. Without bail, you will have to stay incarcerated until your trial, which may be several months away.
Bail hearings are a vital part of our practice. We are ready to come and see you as soon as possible, to get you out on bail as soon as possible.
However, it's important to not only get you out, but get you out with conditions that are as favourable as possible. It's also important to keep you out; bail revocations are not uncommon, and it can be even harder to get out the second time you are brought back in under section 524.
Arguing For Liberty
Your bail hearing isn't really about whether or not you're guilty but about whether you should be out of jail while your guilt is decided. The Crown may argue several points, including:
- Attendance: If you are unlikely to attend your court date, you are less likely to get bail. If you have skipped court dates before, even if your charge is minor, your chances of getting out again go down.
- Protection of the public: If you have a criminal record, or the Crown feels you may try to hurt the alleged victim, or you have committed a crime while on bail before, your chances are also slimmer.
- Evidence: If the evidence against you is strong, the Crown may argue that it would not look good for the justice system to allow you out before your trial.
- Seriousness of the charge: Charges like murder, serious assault and sexual assault are more challenging in terms of getting bail.
We will discuss your chances before asking for bail. Even in serious cases, or in cases where you were out on bail and something went wrong, we may be able to get you out with restrictions such as having to live with a surety, surrendering your passport, posting money for bail and other conditions.
For most of our clients, the lawyers' aim is not just to get you out but to make your life as close to normal as possible while you await your trial.
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