Will I Be Released On Bail?

A common concern of individuals charged with a criminal offence, is whether or not they will be released on bail.  This varies on a case by case basis, but most of our clients qualify to be released on bail.  A number of factors are taken into consideration when a judge decides on whether or not someone will be released on bail.  Usually factors such as an individual’s criminal record and plan of release are issues that determine bail.  While a judge determines bail, both the Crown attorney and the defence lawyers have the opportunity to argue either for or against bail.  The criminal defence lawyers at Auger Hollingsworth work very hard to have clients released on favourable conditions.

In preparing to suggest bail to a judge, we meet with our client and speak with the police and the Crown attorney in order to secure our client’s release on bail.  We do our best to achieve the most favourable conditions for bail and to do so as quickly as possible.  We know that our clients are anxious to have a decision about bail made so we try to have bail decided as soon as possible.

Once an individual is granted bail, the court will stipulate certain conditions that the individual must comply with in order to remain released on bail.  Certain conditions are common, while others are determined based on the particular circumstances of your case.  If you are released on bail, the court will review your case and take into consideration arguments from the prosecution and the defence.  We will do our best to achieve the most favourable bail conditions possible.

If you are wondering if bail might be possible in your case, contact the defence lawyers at Auger Hollingsworth.  They will be able to go over your case with you and see if you might be able to be released on bail.

Can I Get My Bail Conditions Changed?

Although bail conditions are serious and must be strictly obeyed, it is possible to have them changed. We have had many clients where we have been successful in getting bail conditions changed and it is possible that this could happen in your case.

The first thing to do in the process of trying to get bail conditions changed is for us to meet with our client in private to discuss the case. During this meeting, we will learn the reasons and circumstances for a bail condition change. A number of different things are taken into account when we consider trying to get bail conditions changed, so the particular details of your case as well as your past behaviour and adherence to your bail conditions are very important.

After having a private, one-on-one meeting with our client, we will meet with the Crown Attorney to put forward a strategy and explanation for why the bail conditions should be changed. Sometimes it can be easy to convince the Crown that bail conditions should be changed but other times, the Crown may be unwilling to make changes.

If we believe that we have a strong argument for having the bail conditions changed, we will do all we can to convince the Crown to make the changes. If that fails, we will consider going to court to ask the court to decide on the bail condition change.

The changes that can be made to bail conditions vary on a case by case basis; however some changes are quite common. For example, many of the changes are to allow the individuals more flexibility and more freedom to move forward with work opportunities. Some bail conditions require an individual not to work, or to only work at certain places or for a limited amount of time.

Sometimes there are valid reasons why the individual should have more freedom in their working conditions, and if so, we would propose this as a change to the bail conditions. Also, many individuals on bail desire or need more freedom and flexibility with communication opportunities. Again, most bail conditions stipulate restrictions regarding who the individual can speak with and the methods of communication.

Depending on the particulars of the case, we may be able to have the bail conditions changed so as to allow the individual more freedom in their communication. We often argue that these kinds of changes are often necessary to maintain a normal life.

If you are looking for legal advice regarding bail conditions and are wondering if changes may be made in your case, contact the lawyers at Auger Hollingsworth.