Avocat en Enquête sur la remise en liberté à Montréal
Qu’est-ce Que La Remise En Liberté Provisoire ?
Bail is essentially your liberation from jail pending trial. When you’re arrested, the police officers may decide to keep you detained in jail until your criminal case has been resolved in its entirety, so if you would like to spend the months (and possibly years) it takes to resolve your file from outside of jail, you will need to be let out on bail. You have the constitutional right not to be denied bail without just cause under s. 11(e) of the Charter.
Refus De Remise En Liberté
In order to show cause for your continued detention, the prosecutor must prove at least one of the following three factors: 1) That detention is necessary to ensure your 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.
Remise En Liberté : Se Conformer À Ses Conditions
Generally speaking, your 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.
Les Conditions Imposées Seront-elles Strictes ?
There is an adherence by all judicial actors to the ladder principle, meaning that your release should be under the least onerous conditions possible and if conditions must be imposed, discussion of what those restrictions are begins at the bottom (a promise to pay a specified amount in the event that you violate your conditions) rather than at the top (release with a promise to pay by multiple sureties and your deposit of a significant amount of money).
Remise En Liberté : Notre Contribution
We know that every minute that you’re in a jail cell, your life is being negatively impacted so we’ll do everything in our power to get you pre-trial release from custody as soon as possible. That means that we’ll quickly work to understand the nature of the Crown’s case against you, what your personal circumstances and criminal history are, whether you 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 you could offer to pledge to secure your release.
★ Si vous ou un de vos proches êtes actuellement détenu, vous pouvez nous contacter dès maintenant pour parler avec un avocat ou fixer une consultation.