What's a Bail Review?a
If as the result of a Bail Hearing, you are not granted bail, you can request a Bail Review from a higher court. Bail Reviews can take time to set up and they can be expensive and complex. Success is not guaranteed.
Who Can Ask For a Bail Review?a
You can ask for a Bail Review if you were refused bail at your Bail Hearing.
The Crown Prosecutors can ask for a Bail Review if Crown is not happy with the fact you have been granted release on bail.
How Can I Ask For A Bail Review?
To be granted a bail review, you must prove:
1) There has been a material change in your personal circumstances such as achange in your living or work conditions, or there is a new person who will act as your bail surety; or,
2) An error of law was made during your original bail hearing.
You must apply to be Granted a Bail Review
You must make formal application for a Bail Review. Success is not guaranteed.
Steps to apply for a Bail Review
Step 1: Notice of Application
Prepare a Notice of Application explaining why your request should be approved.
Step 2: Request a Transript of Your Original Bail Hearing
Request a transcript of your original Bail Hearing from the court reporters at the courthouse where your original bail hearing was held. Note: Transcripts cost a lot of money. It may take several weeks to get your transcripts and you will have to pay for them when you pick them up.
Step 3: Prepare Affidavits
Once you have the transcripts of your original bail hearing, you must prepare affidavits explaining how your circumstances have changed, and outlining the proposed changes to your bail. Note: You will need affidavits from both yourself and your sureties.
Step 4: Have the Affidavits Commisioned
The affidavits you submit with your Bail Review Application must be commissioned. That means that you swear under oath in front of a commissioner of oaths that the affidavits are true.
Step 5: Schedule a Hearing Date
Your Notice of Application must say when you would like to have your hearing.
Step 6: Give the Crown Prosecutor your Notice of Application
You must provide the Crown Prosecutor your Notice of Application and supporting materials at least 2 days before the requested hearing date.
Step 7: The Crown Prosecutor Reviews Your Application
After the Crown Prosecutor's office receives your application, they will review your request. After reviewing the application, they may agree to the changes you have requested.
Step 8: A Hearing Will be Scheduled if the Crown Does Not Agree To Your Request
If the Crown does not agree to the changes you've requested, you will have a hearing with a judge in the Superior Court of Justice. At this hearing you will ask the judge to make an order that your conditions be changed according to the details outlined in your application
Step 9: Judge's Decision
After reviewing your Bail Review Application and weighing your and your surety's testimony, the judge will rule on whether the changes you have proposed are acceptable to the court
Optimise Your Bail Review Outcome
Hiring an experienced bail lawyer to assist you developing your bail review application could improve your chances of success. One wrong answer on your Bail Hearing Application or Affidavits could make the difference between securing a Bail Hearing or not. Speak to a lawyer for FREE right now. Call (416) 400-6668 24/7.
You Got Bail Problems? We Got Bail Solutions!
Check out a sample of our recent cases:
Case: R. v. O.A. *
Charges: While out on an earlier release order, O.A. was charged with:
1) Fail to Comply with a Release Order
2) Dangerous Operation
3) Failure to Provide a Breath Sample
4) Utter Threats (2 counts)
5) Criminal Harassment
6) Failure to Comply
7) Dangerous Operation of a Motor Vehicle
8) Race Motor Vehicle
9) Failure to Stop for Police.
Result: Released on Bail
Case: R. v. K.I.*
Charges: Conspiracy to commit an indictable offence, where the indictable offences include:
1) Robbery with a Firearm
2) Disguise with Intent
3) Point Firearm
4) Threaten Death
5) Possession of a Weapon
6) Possession of Property Obtained by Crime
7) Unauthorized Possession of Firearm
8) Possession of a Prohibited Firearm with Ammunition
9) Possess Firearm Obtained By Crime
10) Careless use of a firearm
11) Possession of Property Obtained by Crime
Result: Released on Bail
Case: R. v. F.J.*
1) Impaired Driving
2) Two (2) Counts of Possession of Proceeds of Crime
3) Failure to Comply with a Release Order for an earlier Impaired Driving Charge
Story: F.J. was facing charges of DUI and failure to comply with a release order made in relation to possession of proceeds of crime (2) and failure to comply with an earlier release order made when F.J. was charged with impaired driving.
Result: After a Bail Review, our lawyer secured F.J.’s release from custody!
* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
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