Here’s What You Need To Know About Securing Bail In Canada
Whether you’re a Canadian citizen or not, you have a constitutional right to bail. This court order gives you the legal right to remain free in the community until your case is concluded. The bail law in Canada is based on the English common law bail principles. Depending on the situation, you have the right to be released on bail or denied it.
A bail hearing allows you to present evidence and arguments to a judge and crown prosecutors. The hearing will determine if you should be released on bail or remanded in custody. If unsure how to proceed, your best bet is to hire a bail lawyer. This can help you get out of jail quicker. The lawyer will also prepare you to answer the Crown’s concerns.
The Canadian Charter of Rights and Freedoms guarantees the right to reasonable bail if you have been charged with a criminal offense. The law allows you to be released on bail if considered “reasonable.” However, you must show the courts why your release is justified. For example, your bail lawyer may be able to argue that you have a high risk of committing another crime if you stay in jail. The right lawyer will know how to prove this.
Generally, you’ll be given a list of conditions you must comply with before being released on bail. These conditions should be reasonable and have some connection to the alleged offense. Some conditions require you to avoid certain activities or refrain from acting in a certain way. Others require you to act, such as a certain amount of work or counseling. You’ll need to adhere to these conditions, or you could be re-arrested.
The most significant and expensive requirement is to have a lawyer. In most cases, you’ll be charged a non-refundable fee for the services of a lawyer. The cost varies from state to state but can be as low as 10% to 15% of the face value of your bail bond. The fee also covers the services of securing a bail bond for you. You can hire a lawyer specializing in bail bonds or opt for a bail program in your local courthouse.
