An Analysis of Various Issues Related to Bail Hearing
and Bail Conditions That an Accused Must Remain Aware of
Bail hearing can be a crucial time for an accused person and it will be necessary to take right steps to ensure a successful bail hearing. As such, we will look at various issues which you need to be aware of to ensure everything works out as planned.
Issue #1: Review of Bail Conditions
You might be wondering what would be the procedure to follow in case you want review of your bail conditions in a superior court. So, let us look at the details here. First of all there should be errors of law or alteration in circumstances which will work as grounds for requesting such a review. Secondly, the law firm representing you needs to present specific paper work prior to hearing of review application in superior court. The paperwork to be submitted will usually consist of the following two things:
- Transcript: Apart from review application your lawyer will have to submit the bail hearing transcript. This document will assist judge in comprehending reasons because of which a condition was included in the bail.
- Sworn Statements: It will also be necessary to submit submit sworn statements (your and of people who are responsible for acting as sureties).
On the date fixed by Superior Court for such review, everyone (you, sureties and lawyer) will be required to appear before court for explaining reasons for requesting a modification in bail conditions.
Issue #2: Breach of Bail Conditions
What happens when bail conditions are breached? This is an important question you need to find answer for and understand whether it would be necessary to plead guilty in case such a breach occurs. Let us delve into the facts here. Even if bail conditions are breached you should not plead guilty. The main reason is that it will be the responsibility of Crown Attorney to validate the fact that you had actually breached the bail conditions. It will not be a wise decision to plead guilty since:
- It will be necessary for Crown Attorney to prove that you actually breached the conditions.
- It is likely that there will be lack of factual basis for pleading guilty.
- You will not be getting any kind of consideration for pleading guilty.
Issue #3: Surety and Documents
This question is likely to arise at the time surety is selected. You will have to consult your lawyer to understand the documents which surety must carry along while going for the bail hearing. Some of the documents surety should have include:
- Photo Identification: For this surety will have to carry documents like driver's license, health card or the passport.
- Proof to Demonstrate Affordability: In this context surety will have to arrange documents such as most recent bank statements, RSP or GIC. In addition to it, it will also be necessary to carry along income stubs, tax assessment documents and also documents which provide proof of home's value.
To conclude it can be said that there are various issues and aspects which are to be considered to ensure bail application or review request is accepted. By consulting a competent lawyer you can make sure that all required aspects will be taken into consideration.