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Getting Released From Jail After an Arrest

Regaining Your Freedom as Soon as Possible is Crucial

Any time you or a loved one has been arrested and put in jail, the most immediate concern is getting out of jail as soon as possible. Getting released on bail quickly is not only important for your physical and psychological well-being, but long-term freedom may hinge on your ability to make sure that you or your loved one doesn’t stay incarcerated for an extended period of time before trial.

It’s much easier for the accused to consult with a knowledgeable lawyer and mount a solid defence when they’re not trying to do so behind bars; the likelihood that they will plead guilty and ensure that they are incarcerated for a long time is much higher when they aren’t home and among the presence of family and friends. Because bail hearings often constitute the only shot at regaining freedom right after an arrest, the necessity of retaining an experienced legal team that understands how bail hearings work and how to best navigate your or your loved one’s case cannot be understated.

How Do Bail Hearings Work?

Under the Canadian Charter of Rights and Freedoms, anyone charged with a criminal offence is presumed innocent until proven guilty and cannot be denied reasonable bail without just cause; you or your loved one will receive a bail hearing within 24 hours of the charge.

The main purpose of a bail hearing is to examine the seriousness of the charges and determine whether the defendant is fit to be released back in the community on a bail release, otherwise known as a “judicial interim release.” If the Crown determines that the charge is not particularly heinous and that the accused isn’t a flight risk, it will set a bail fee – which varies widely based on the charge – that someone must be willing to put up before they are released.

Getting Out of Jail Isn’t Free

In order to be released, you or your loved one must have someone act as a “surety,” the person responsible for making sure that the defendant follows the terms of their bail. Terms often include attending court hearings, abiding by a curfew, keeping away from weapons and obeying restraining orders, and a host of other possible conditions.

The surety must be willing to pay a specified amount of money if the accused fails to obey the court order. Unlike the United States, there are no bail bond agents or bail insurance policies in Canada, and it is against the law for a surety to accept payment; for these reasons, the surety is often a trusted friend or family member committed to the best interests of the accused.

An Experienced Criminal Defence Lawyer Can Make All the Difference

If you or your loved one is denied bail, a criminal defence lawyer can help request a review of the decision to be conducted by a superior court judge. Bail review applications take time to prepare and schedule – precious time that your loved one can spend outside of jail, surrounded by people that care about them, along with lawyers who can work with them directly to prepare their case. To see that your loved one’s hearing goes well the first time around, you need lawyers with decades of collective experience in criminal law who will work tirelessly to get you or your loved one home.

Hobson & Reeve, Barristers – Experienced Criminal Defence Lawyers

The legal team at Hobson & Reeve, Barristers has over 60 years of collective criminal law experience. The team has worked hard to establish themselves as formidable litigators in court as well as efficient negotiators. Both David Hobson and Dennis Reeve have served as Crown prosecutors – experience that gives them invaluable insight into each case’s unique strengths and weaknesses and helps them choose the best strategies for protecting their clients. They are dedicated to impeccable preparation, fierce yet professional advocacy, and providing the best possible defence for each client. Hobson & Reeve look forward to bringing their decades of legal experience to your case, protecting your rights, and providing the advice and representation you need. Call 866.619.9646 for your free consultation.

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