190 O'Connor Street, Suite 200

Ottawa, Ontario K2P 2R3

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Bail Hearing

If you have been charged with an offence and have not been released by the police, you have the right to a Bail Hearing within 24 hours of being arrested.  Given the short timeline, you must be sure to contact a bail hearing lawyer as soon as possible.  Upon receiving your call, DUVADIE Law will move quickly and work diligently toward having you released from custody.

What Happens at a Bail Hearing?

At a Bail Hearing you will be brought before a justice of the peace who will determine whether you can be released from custody while you are awaiting trial.

Will I likely be Released on Bail?

Unless you are charged with a very serious offence, there is a presumption that you will be released.

However, you may remain detained if the Crown Attorney convinces the justice that:

  • you are unlikely to show up for court appearances or a flight risk,
  • detention is necessary to protect the public and/or
  • you are likely to reoffend while released on bail.

You may be released with or without conditions, depending on the circumstances of your case. Bail Conditions that may be placed on your release include:

  • depositing money with the justice, which you will lose if you do not obey the conditions of your release order;
  • having friends or family members act as sureties who will promise to pay a certain amount of money if you do not obey the conditions of your release order;
  • reporting regularly to a police officer;
  • remaining within a certain geographical area;
  • not communicating with certain people; and/or
  • not possessing a weapon.

How Can DUVADIE Law Help me get Released on Bail?

The first step DUVADIE Law will take upon receiving a call from you is to contact the Crown attorney and attempt to persuade he or she to consent to your release.

If the Crown Attorney will not consent, the next step is to create a comprehensive release plan which usually includes bail conditions to be presented at your Bail Hearing. Your bail hearing lawyer from DUVADIE Law will contact potential sureties and make sure that they are appropriate candidates and that they understand their responsibilities as sureties. We will also prepare arguments regarding why you should be released.

What Happens if I am not Released on Bail at a bail hearing?

If you receive a negative court decision at your Bail Hearing, you can apply to have the decision reviewed by a judge at Bail Review court.  However, having a negative decision overturned is not easy. In order to be successful, you must show either that the justice in the earlier hearing made a legal mistake or that your circumstances have changed so that if your Bail Hearing were held today, you would be released. If you wish to have a negative bail decision reviewed by bail hearing lawyer, please contact DUVADIE Law for assistance.

If you are not released on bail and are not able to have the negative decision overturned, you could be held in jail for months or even years awaiting your trial. Thus, it is important, from the outset of your case, to have the assistance of a strong legal advocate who will look out for your interests.

If you have been charged with an offence please contact DUVADIE Law at 613-422-1155 or Toll-Free at 1-855-422-1155 as soon as possible so that we can begin working on your behalf. 

Page last updated Sep 21, 2018 @ 23:01

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