Jail is a terrifying experience and the only thing on your mind while behind bars is getting out. Life continues to go on every day you are in jail which can have many negative effects, damaging relationships with significant others and family members, even loss of wages or potentially your job. Many people pay ridiculous sums of money to be released, which is a fair reaction, however not the most advisable. Before taking steps to be released the first step is to contract Avtar Bhangal to assist you during this stressful time.
Contact a Bail Lawyer
By contacting a ball lawyer, we can do everything possible in order to receive the lowest set bail. Once you have paid bail there is no way to get your money back, which is why it is crucial to consult with a trusted criminal lawyer like Avtar Bhangal why has the experience and knowledge of bail hearings to guide and help get you out of jail with ease.
Representation at Your Bail Hearing
Following your arrest, you will likely be given a bail hearing. A judge at the hearing will decide whether or not you should be granted bail, and if so, they will determine what amount your bail is set at as well as outline the conditions of your bail. Although the hearing sounds simple and many assume there is no need for representation. However, without the proper representation a bail hearing can be disastrous, in some instances, ending in the judge deciding not to grant bail, facing you to remain in jail even though you have yet to be proven guilty. At ball hearings it is key to have an experienced lawyer by your side.
Once you have been released it is important that you follow al the conditions of your bail to prevent any breach and further trouble.
What is a surety?
A surety is an individual who comes before the court to accept responsibility of the individual accused of having committed a crime while they are out on bail. A surety must supervise the accused while in the community and is a serious commitment which must be given serious though and consideration before assuming the role.
There are many responsibilities a surety has, below are some:
- ensuring the accused appears in court on time and on the correct dates
- Making sure the accused follows the conditions of bail
If you chose to become a surety for the accused, you will have to sign a recognizance. This means you agree to pay a specific amount of money should the accused fail to obey court orders (bail conditions, attendance to court, etc)
What are some conditions of release?
These are some (not all) potential conditions which may be issued upon your release. Failure to comply with your bail conditions is a criminal offence.
1. Reside at a specific address with surety
2. Report to police on weekly basis
4. Turn over passport to police
5. Abstain from communication with the complainant, directly or indirectly
6. Abstain from us or possession of alcoholic beverages
7. Abstain from us or possession of illegal drugs
8. Abstain from acquiring, possessing or carrying a weapon
9. Restrictions on ability to enter certain premises or areas
10. Keep the peace and be of good behaviour
What is a bail variation?
Bail variation is where the conditions of your recognizance of bail are changed. The can be done in one of two ways:
1. With consent of the crown
2. If we apply for bail review and the court orders the conditions to be changed
On what grounds can the court deny bail?
Detaining an accused person in custody is only permitted on one or more of the following grounds:
1. Detention is necessary to ensure the accused appears in court
2. Interest of public safety
3. The strength of the crowns case
4. The gravity of the offence
5. Circumstances surrounding the commission of the offence (ex. Use of a firearm)
6. Accused if found guilty would serve a lengthy prison sentence or minimum sentence
7. Detention is necessary to maintain confidence in administration of justice
What happens if a person is not granted bail?
If a person is not granted bail, they will remain in police custody (detained) until they stand trial.
The accused does have a right to seek a review of the decision.
What is a bail review?
A bail review happens after a decision has been made by the court at the bail hearing. Bail review typically occurs when an accused has been denied bail and wishes to appeal the decision.
Once you have been denied bail, you may apply to the higher court for a review of the decision. This process will take longer as transcripts of the initial bail hearing must be obtained before proceeding with the review.
It is advisable to have an experienced lawyer at this time, as they will apply for bail review on your behalf, making the process less stressful and complicated