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How Do Bail Reviews Work in Canada?


What is the first thing that comes to mind when you hear the word bail? While most people think of the concept of borrowing money to get out of jail until a court appearance, bail reviews in Canada work differently. If you or someone you know is preparing for a bail review, keep reading to understand exactly what will take place and what you can do to help yourself.

What Exactly is a Bail Review?

When a person gets arrested for a crime, the wheels of justice begin to turn. This event begins a process that starts with a bail review. If charges get pressed against you, you would have 24 hours, or as soon as possible, to have a bail review. When a bail review gets completed, the person accused of a crime will find out if they will be released or kept in jail until they can go to trial. Usually bail reviews are more difficult to succeed compared to original bail hearings because they aren't simply a rehearing. You need to carefully prepare for it and work with an experienced lawyer who can maximize your chances of making bail. There are many criminal law firms in ottawa that can help you in bail review. Now that we've gotten the basics let's talk about what happens at a bail review.

Be Prepared

Now that the bail hearing is taking place, you will stand in front of the Crown to plead your case. First, the Crown will state the allegations made against you. The arresting officer typically prepares these allegations and summarizes your accused crime. At this time, the Crown can call forth a witness, who is also usually the arresting officer. Once the Crown presents its case, the duty counsel is able to deliver the potential surety or the defendant. Next, the duty counsel will plead to the Crown for the defendant to get released on bail. If bail gets granted, the defendant must abide by their bail conditions.

The Potential Surety

The person responsible for the defendant, once the bail review gets completed, is known as the potential surety. Anyone can be a potential surety as long as they fall under these essential criteria:

- Must be over 21

- Shouldn't have a criminal record

- Must be capable of watching over the defendant according to the terms of bail

- Should show up to the hearing on time

- Must be able to pledge equity to the court

Can a Defense Attorney Help During the Bail Review?

Having to go in front of a judge isn't ideal for anyone, but if you or someone you know is facing a bail review, it's essential to have an experienced defense attorney by your side. Having a defense attorney will allow you to understand the proceedings as they are, and it will give you someone to defend you in front of the Crown rather than having to do it alone. Remember, though, the decision of your bail review is based entirely on what the Crown decides to do. Whatever the judge says goes. No matter how competent your defense attorney is.

What to Do in an Emergency

If you have to attend a bail hearing for someone you love, there are a few things that you need to remember. First, make sure you get the number of a reputable attorney and try to have them meet you at the court. Second, ensure you get to court early and know what you'll use for equity. Other than that, show up ready to defend your loved one with everything you can.

If you or someone you know is going through the experience of having to attend a bail review, then make sure you bring these helpful tips with you. After all, your loved one's freedom is on the line, and they're counting on you to help them. 

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