Upon arrest, a person will be detained at the police station, held for questioning, and usually within 24 hours will be brought before a Justice of the Peace for a bail hearing.
In most cases, the Crown Attorney will seek the person’s detention based upon one or all of the following grounds:
- to ensure the attendance of that person in court
- for protection and safety of the community, complainant, any witness, or person under the age of 18 years old
- to maintain confidence in the administration of justice
With few exceptions, it is the Crown’s burden to prove beyond a reasonable doubt that detention of the accused person is necessary. Having assistance of a persuasive criminal defence lawyer equipped with a strong release plan to present to the court is highly beneficial to a person charged with a criminal offence who is seeking to be released pending trial.
However, if you are subject to a detention order after bail, we are prepared to assist with bringing a bail review at the Superior Court of Justice.
Upon bail release from pre-trial custody, there will be a number of conditions a person will have to follow until all the charges are dealt with. Generally, the terms will be such as do not communicate with the complainant, do not be within X meters where the complainant is known to reside/work, do not possess weapons as prescribed by the criminal code.
If you have been charged with a domestic assault and are released on conditions pending trial, one of your conditions would usually include a “no contact” condition disallowing you any direct or indirect communication with the complainant. This condition cannot be altered or removed without the Crown Attorney’s consent. For this reason, if you want your bail varied, you will require a criminal defence lawyer who can effectively negotiate with the Crown and have them agree to loosen the conditions.
Contact us to negotiate your bail conditions.