Bail/Judicial Interim Release

Upon arrest and formal criminal charges on an indictable offence, your case will come before a Judge in an initial Judicial Interim Release hearing — commonly referred to as a bail hearing. During this hearing, the Crown's prosecutor may present evidence in support of keeping you in custody due to a danger you may present to your accuser, witnesses or society in general. This will be your lawyer's first opportunity to present evidence to the contrary, arguing for your release without conditions of bail, pending your criminal trial.

In general, judge will hear arguments related to:

  • Your previous criminal record
  • Whether any other charges are pending against you
  • The circumstances of the accusations and arrest
  • The violent nature of your criminal charges

Conditions Of Release

Most people think of bail as the amount of money that must be paid to the court in order to secure your release, pending trial. Despite what we see on American television crime dramas, there are frequently several conditions that must be met, in addition to the amount of surety money. Arguing conditions of bail is another area your lawyer's experience will be critical.

In addition to bail money required, typically, bail orders include conditions such as:

  • Restrictions on travel outside of the court jurisdiction
  • Prohibition against any contact with the accuser or witnesses
  • Regular reporting to a local police authority

It is important to have a lawyer who has experience handling cases similar to yours, so evidence and precedence can be brought forward to argue for a reduced bail amount. The lower the bail, the less you will have to pay in bail bond fees.

Appealing Your Bail Decision — Not Really An Option

There is one more reason why it is so important to have experienced legal counsel on your side during your Judicial Interim Release hearing. If you decide to appeal your conditions of bail — including the amount set by the judge — it may take several months to get your re-hearing scheduled on the court calendar. During that time, you will be remanded for custody in jail. In short, your lawyer will need to make sure the bailing hearing is conducted correctly the first time and there will not be need for appeal.

Call To Discuss Your Judicial Interim Release Hearing

Don't wait to see what will happen next. If you are facing criminal charges in the Vancouver metropolitan area in British Columbia, make sure you have a knowledgeable, experienced criminal defence lawyer on your side. For more information, please contact Edward Chu Law Offices in Richmond by calling 604-332-1054 or send an email requesting a return call.