Is your loved one detained?

Our lawyers can help get them released

When a spouse or family member is detained, there is no greater feeling of panic and helplessness. There are often a whole host of questions going through your mind: What are they charged with? Why are they being detained? When will they be released? There are three reasons that a presumptively innocent individual would be detained: 1) to ensure their presence at court, 2) to protect the complainant or the public, and 3) to protect the public interest. 

From the moment of first contact, our team mobilizes to secure your loved one’s release. Time is of the essence, and we begin preparing a release plan to be submitted to the prosecutor to secure their release. 

When negotiation fails, and we cannot secure release through negotiations, we proceed with a bail hearing and work to have a judge grant their interim release. We understand what you’re going through, and we’re committed to working together to secure your loved one’s release as soon as possible.  

What We Do to Secure Your Release

Outlining a Release Plan & Negotiating with the Prosecutor

The release plan that we craft will be based on the Crown’s concerns (on which of the three grounds they are denying release). Depending on the circumstances of the offence and the reasons behind the Crown’s rejection, the release plan will take on different forms. For instance, the release plan could entail tackling the root source of the alleged problem (anger management sessions, therapy, AA/NA attendance) or protective measures (such as no-contact orders, weapons prohibitions, checking in at the police station, curfews, sureties, cash deposits, etc.). 

In order to determine how to structure a release plan, we work alongside the family to understand the accused’s personal circumstances, 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 as a deposit to secure their release. We’ll also study the nature of the Crown’s case. We’ll then negotiate with the prosecutor, presenting them with a solid release plan to get them to consent to release.

Conducting a Bail Hearing

If consent can’t be obtained, we’ll conduct a bail hearing and work tirelessly to persuade the judge that release should be granted on the merits. We’ll prepare the witnesses (the detainee and any potential sureties) for the testimony that they’ll need to present in court, and we’ll prepare thorough closing arguments that will address the judge’s primary concerns and make the case for pretrial release. 

Contact us today to learn how we can guide you through this challenging time. We are fully prepared to take on your case!

Case Results

Understanding Bail Hearings and What to Expect

What is a bail hearing or “show cause” hearing?

Upon arrest, police have an obligation to release the detainee unless the Crown can show cause for why their detention is warranted. These reasons include (1) potential flight risk, (2) danger to the complainant or the public, or (3) it would be against the public interest. If the prosecutor objects to your release, a bail hearing is necessary. At this hearing, the judge will determine whether or not to grant bail and, if so, under what conditions. Pursuant to section 11(e) of the Charter of Rights and Freedoms, you have the right not to be denied bail without just cause.

How soon after arrest is a bail hearing held?

Given the seriousness of an individual being in custody without having been convicted, in theory, a bail hearing should be held as soon as possible but no later than 24 hours after arrest (except in extenuating circumstances). That being said, given the importance of securing release (and our ability to do so by formulating a release plan), it is not uncommon to postpone the hearing to provide your lawyers with the time necessary to obtain the information they need to craft the release plan or to prepare for a bail hearing.

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.

What conditions will be imposed upon release?

Generally speaking, release will be contingent upon the accused’s agreement to follow specific conditions. Some common conditions include: not communicating with the complaint, not being in their physical presence, keeping the peace and being of good behaviour, checking in at a police station at specific intervals, residing at a pre-approved address, disposing of any weapons in your possession, 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.

If you or a loved one has been detained, the time to act is now. We’ve helped others facing similar situations and will do everything in our power to help you as well. Contact us today for a consultation.

Facing criminal charges in Montreal or surrounding areas? Contact us now—we’re here to help!

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