Bail Hearings

Judicial interim release (bail) is an order of release permitting a person to be out of custody, on various conditions, while they await resolution of their matters that are before the Court. The conditions that will be imposed while you are on release will depend on a number of factors. This includes any previous criminal records, the strength of the Crown’s case, the severity of the offence and circumstances of the accused. The Court must be satisfied that you will not flee the jurisdiction, that there is not a substantial risk you will reoffend while on bail and that your release does not weaken the community’s confidence in the administration of justice.

Bail is one of the most important steps of the criminal court process. Your freedom depends on the ability of your defence lawyer to convincingly argue your case with conviction and accuracy. The lawyers at Roulston Urquhart have extensive experience in conducting bail hearings and are resolute in their advocacy for their clients’ interests.

You are not under any obligation to speak to the police regarding your release. It is extremely important that you speak with your lawyer before providing any type of statement. Call Roulston Urquhart as soon as possible to speak about a bail hearing.

In order to change your bail conditions, you must receive consent from the Crown or apply to the Court of King’s Bench. At Roulston Urquhart Criminal Defence, we have assisted our clients in changing many types of release conditions. This includes varying the amount of cash bail required to secure your release, amending house arrest conditions to a possible curfew, or removing conditions preventing you from having contact with your partner or attending their residence. If you are seeking to change your bail conditions, speak with one of our lawyers immediately. We can strategically negotiate with the Crown Prosecutor, prepare an application to the Court of King’s Bench and make comprehensive submissions regarding the desired change.

Once you are released from custody, you must comply with the court-appointed conditions for your matter. You will be bound by these release conditions until your matter is concluded.

If you do not comply with a condition of your release, you can be charged for breaching your conditions which is a new criminal offence. This failure to comply may also result in the Crown Prosecutor making an application to revoke your bail and you would be forced to return to custody.

It is in your best interest to receive knowledgeable legal advice prior to your bail hearing. Our lawyers will develop a detailed strategy as we speak with you and thoroughly review your file. If you are in custody we will consider all available options to provide you with the best opportunity to secure your release.

Roulston Urquhart Criminal Defence strongly upholds the presumption of innocence for all clients, regardless of the type of charge. We believe that regardless of the nature of your charges, you are entitled to bail unless the Crown Prosecutor can effectively prove why you should not be released.

Our lawyers have successfully obtained bail for clients facing all types of serious criminal charges including:

• Murder
• Conspiracy to Commit Murder
• Aggravated Sexual Assault
• Aggravated Assault
• Importation of Drugs
• Possession of Drugs for the Purposes of Trafficking (including quantities of drugs in excess of 3 kilograms)
• Drug Trafficking
• Production of a controlled substances (i.e. marihuana grow operations)
• Kidnapping
• Extortion
• Robbery
• Break and Enter/Home Invasion
• Arson
• Sexual Assault
• Assault with a Weapon
• Assault Causing Bodily Harm
• Assault
• Possession of money obtained by crime
• Theft
• Fraud
• Possession of Stolen Property
• Possession of Child Pornography
• Distribution of Child Pornography
• Production/Making of Child Pornography

Whether you will be released on bail is decided during a Judicial Interim Release Application (also known as a ‘bail hearing’). Securing an individual’s release depends on a number of considerations. The Court must be satisfied that you will attend your future court appearances and will not flee the jurisdiction, that there is not a substantial risk that you will re-offend or interfere with the administration of justice in the community, and, lastly, that releasing you will not weaken the community’s confidence in the administration of justice in light of the severity of the offence and the strength of the Prosecutor’s case.