If you or a loved one has been arrested and are in need of bail, it is essential to secure the services of a knowledgeable and experienced bail lawyer. Yoav Niv is a Calgary bail lawyer who has helped countless individuals navigate the complex bail process and secure their freedom.
In Canada, bail is a process that allows individuals who have been charged with a crime to be released from custody while they await their trial. The purpose of bail is to ensure that the accused will return to court for their trial and to protect the public from any potential harm the accused may pose.
What is bail?
Bail is a process in the Canadian legal system that allows individuals who have been charged with a criminal offence to be released from custody until their trial. It is designed to ensure that individuals have the opportunity to prepare for their defence and to maintain their freedom while awaiting trial.
In Calgary, bail is typically granted by either a judge or justice of the peace. They will consider several factors when deciding whether or not to grant bail, including the seriousness of the offence, the likelihood of the accused fleeing or committing further crimes, and the strength of the prosecution’s case.
Types of bail release
In some circumstances, individuals charged with a criminal offence can be released “release on the undertaking.” This option allows an individual to be released from custody by a police officer. The individual signs and promises to abide by certain conditions, such as attending court and fingerprinting, reporting to a probation officer, and refraining from contacting specific individuals.
Several types of bail release are available for individuals charged with a criminal offence in Calgary. These options allow individuals to be released from custody while awaiting trial or other legal proceedings.
The first type of bail release is “release with no deposit.” This option allows an individual to be released from custody without paying any money upfront, so long as they abide by their bail conditions. The individual must sign a document acknowledging that they understand the charges against them and agree to appear in court as required.
The second type of bail release is “release on cash bail.” This option requires the individual to pay a certain amount of money upfront to be released from custody. This money is returned to the individual once their matter is concluded (i.e. charges withdrawn, acquittal, or sentencing).
The third type of bail release is “release on surety bail.” This option allows an individual to be released from custody by having someone else, known as a surety, pay a certain amount of money on their behalf. The surety ensures that the individual appears in court and abides by their bail conditions as required. If the individual fails to appear in court or to comply with their conditions, the surety may lose the amount they paid for bail.
It is important to note that bail release is not guaranteed and is ultimately up to the discretion of the judge or justice of the peace. It is also important to ensure that bail conditions are reasonable and realistic. If the individual fails to comply with these conditions, they may be arrested and required to return to custody.
A Calgary bail lawyer, such as Yoav Niv, can assist individuals in understanding their options and advocating for the most appropriate bail release option in their particular case.
What happens at a bail hearing?
A bail hearing is a court proceeding in which a defendant who has been charged with a criminal offence has the opportunity to request release from custody until their trial.
Ultimately, the prosecution presents evidence and make submissions to the judge or justice of the peace to demonstrate why the defendant should be kept in custody. This evidence may include the severity of the crime, the defendant’s criminal history, and the likelihood of them reoffending or failing to appear in court.
The defence has the opportunity to present evidence and make submissions as to why the defendant should be released on bail. This may include the defendant’s ties to the community, their employment status, and the availability of a suitable surety (a person who can act as a guarantor for the defendant’s release).
The judge or justice of the peace will consider all of the evidence presented and make a decision on whether to grant bail or deny it. If bail is granted, the defendant will be released on certain conditions, such as a requirement to report to a probation officer or a prohibition on leaving the country. If bail is denied, the defendant will remain in custody until trial.
How a Bail Lawyer Can Help
A bail lawyer is a skilled legal professional who can help individuals facing criminal charges in Calgary. Yoav Niv can help by advising the accused on their rights and options for seeking bail. He can assist with the bail application process, including negotiating the terms of the bail and representing the accused in court. He can also help to gather evidence and present a strong case in support of bail.
In addition to helping with the bail process, Yoav Niv can provide legal representation during criminal trials. He can help to gather and present evidence, cross-examine witnesses and advocate for the accused’s rights and interests.
If you are facing a bail hearing, or need help understanding what happens next, contact Yoav Niv today.