Montreal Bail Hearings Lawyer
What Is A Bail Hearing?
When you’re arrested, the police may decide (based on the seriousness of the charges, your priors, etc.) to keep you detained in jail until your criminal case has been resolved in its entirety. In the event that the prosecutor does not consent to your release, a bail hearing will take place. At this hearing, the judge will determine whether the prosecutor has made the case for your detention pending trial or whether you should be released, and if so, on what conditions. Under section 11(e) of the Charter of Rights and Freedoms, you have the right not to be denied bail without just cause
When Is A Bail Hearing Held?
In theory, a bail hearing can be held within 24 hours of arrest or as soon as possible. However, given the importance of securing release, it is not uncommon to postpone the hearing to the following day (or even the day after) to provide us with the time necessary to draft a release plan, secure sureties, and prepare for the hearing itself.
What Factors Could Lead The Judge To Deny Bail?
In order to show cause for continued detention, the prosecutor must prove at least one of the following three factors: 1) That detention is necessary to ensure attendance at court. 2) That detention is necessary to protect any alleged victims, witnesses or the public. 3) That detention is necessary to maintain the public’s confidence in the administration of justice. Of course, under certain circumstances, there will be a reverse onus on the accused to show cause for their release, but it is always the three criteria above that are under consideration.
Are There Conditions That Will Be Imposed Upon Release?
Generally speaking, release will be contingent upon you agreeing to follow specific conditions. Some common conditions include: keeping the peace and being of good behaviour, checking in with a police station at specific intervals, residing at a pre-approved address, disposing of any weapons in your possession, refraining from communicating with the alleged victim, attending certain therapies or rehabilitation programs (if applicable), and promising to pay (or depositing) money in the event that you breach your conditions. Of course, the law states that your release should be under the least onerous conditions possible
What Do You Do To Secure Release?
- We know that every minute that a loved one is in a jail cell, their life is being negatively impacted so we’ll do everything in our power to get them pre-trial release from custody as soon as possible. This means working alongside the family from beginning to end to secure release. Specifically, we’ll quickly work to understand the nature of the Crown’s case, what their personal circumstances and criminal history are, whether they have a place to stay and job to go to, the names and contact information of any potential sureties, and if necessary, how much money could be offered to secure their release. We’ll then negotiate with the prosecutor, presenting them with a solid release plan in the hopes of getting them to consent to their release. If consent can’t be obtained, we’ll conduct a bail hearing and work tirelessly to persuade the judge that release should be granted.
- If a loved one is currently being detained, contact S. Zalman Haouzi Avocat today and we’ll work to secure their release as soon as possible!