Suppose you have been arrested and kept in custody by the police or judicial justice. In that case, you will appear before a judge in your respective Provincial Court at the earliest for a bail hearing, also known as a show cause or judicial interim release hearing. It would help if you had a criminal defence lawyer speak on your behalf at your bail hearing for your legal matter’s best possible outcome.
Now, we will answer some of the frequently asked questions FAQs regarding the bail hearing process in Canada to help you better understand the legal procedure:
What Is A Surety In The Criminal Code Of Canada?
A surety is an individual who puts a deposit up in the form of cash or money in order to secure the accused’s release out on bail. After the release, the surety is deemed responsible for the accused’s conduct while they’re out on bail.
If you consider acting as a surety, you must ensure the justice that the accused will appear in the court when required and that you will make sure that they obey all of their release’s conditions. For instance, you’ll need to ensure the accused person doesn’t do anything prohibited, like consume drugs or drink alcohol while being on bail. Additionally, you’ll have to make sure that the accused person stays within their limitations and does not contact the victim during that time period.
How Can I Change The Conditions Of My Release And What Would Happen If I Breach Them?
Once your release conditions are established, it’s not easy to change them without the Crown Prosecutor’s consent. To do so, you’ll need to conduct a bail review hearing in Queen’s Bench. Over there, you’ll have to show to the Court that they must amend your release conditions due to the change in circumstances.
An expert criminal defence lawyer can help you negotiate a change of release conditions with the Crown Prosecutor. Suppose your release included a no-contact condition with a named individual. In that case, the Crown Prosecutor will have to be satisfied that the named individual wants to contact you before that condition is changed. Even if your release conditions have been changed, they will not affect you until you go to the courthouse and sign your new release documents.
In the case that you breached your release conditions, you would likely be charged with breach of recognizance (an offence under the Criminal Code.) and a warrant for your arrest. In case of an arrest warrant, you’ll need to turn yourself in at the nearest police station, and you may or may not be released on the same conditions.
Factors that will decide whether you will be re-released can include:
- the seriousness of your criminal charges,
- the severity of your breach, and
- your criminal record
What Conditions Can I Expect From My Bail Release?
As per your recognizance, you may need to comply with various conditions while you’re out on bail, including the following standard conditions:
- Keeping the peace and showing good behaviour;
- Reporting to probation as directed;
- Residing where allowed; and,
- Attending Court when required
Depending on your charges unique circumstances, you may need to fulfil some additional conditions, including:
- Depositing your passport;
- Refraining from communicating directly or indirectly with specific individuals;
- Refraining from attending designated locations;
- Refraining from consuming alcohol or other intoxicating substances;
- Not having a cellphone;
- Not having a weapon;
- Remaining within your province (Alberta);
- And more
About Slaferek Callihoo
Slaferek Callihoo is a dedicated criminal defence law firm in Edmonton, Alberta. Our highly experienced team of legal experts will review your case thoroughly and provide the best defence. Visit our website to learn more about us or contact us for legal guidance.