Bail

Judicial interim release (bail) is an order of release permitting a person to be out of custody, on various conditions, while they await resolution on their matters that are before the Court

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.

Bail is one of the most important steps to consider when you are charged with a criminal offence.  It is important that you seek the assistance of a lawyer when you are arrested as a misstep in the bail process can result in your detention for months prior to your matter being heard in Court.

Whether you are released on bail is decided during a Judicial Interim Release Application (‘bail hearing’). Securing an individual’s release depends on a number of considerations.  In ordering an individual released, the Courts must be satisfied that you will attend your future court appearances, 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 communities confidence in the administration of justice in light of the severity of the offence and the strength of the Prosecutor’s case.

Regardless of the nature of your charges, you are presumed innocent, and entitled to bail unless cause can be shown as to why you should not be released.

Our team of lawyers at Roulston Criminal Defence has successfully obtained bail for our clients on the following types of serious cases:

  • 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

It is important to consult with an experienced lawyer to discuss a strategy for your bail hearing.  The factors which improve your chances of being release vary depending on the offence that you have been charged with, the strength of the Crown’s case and your Criminal record.

Roulston Criminal Defence Firm can meet with you when you are in custody and develop a custom strategy that will give you the best opportunity to secure your release.  

Once released from custody, you will need to comply with the conditions that have been imposed upon you by a Court.  You are bound by conditions of your release until your matters are completed.  

If you do not comply with a condition of your release you can be charged with a Criminal offence for breaching your conditions.  This can also result in the Crown making an application to revoke your bail that you were previously released on.  

Your conditions can be subject to change either by consent from the Crown or through an application to the Court of Queen’s Bench.

 

You can speak to the police about your release although you have no obligation to do so.  It is important to consult with a lawyer before you speak to the police regarding release to ensure that you do not make any statements that can negatively impact your case.