The Supreme Court of Canada describes ours as “a liberal and enlightened system of pre-trial release under which an accused must normally be granted bail”. In principle, most accused can and should be released on bail.  In practice, having an experienced lawyer in bail court can make the difference between bail and jail.

Graham T. Clark’s criminal law office works with the client, family and other supporters to create a Release Plan that will satisfy the Court’s bail concerns to ensure the accused’s release with the least restrictive conditions possible.

In some cases Mr. Clark can arrange for the client to surrender and be released directly from the police station on the same day by Promise to Appear/Undertaking, with no risk of being denied bail.

“A Criminal Court is a scary place, at least until you have Mr. Clark arrive to represent you. His strengths are knowledge and confidence. Graham’s personality made me feel at ease in the tense courtroom situation I found myself in…” – Client

Getting Out, The First Step To Staying Out

Accused persons who do not get released on bail are more likely to plead guilty, and more likely to be convicted even if they plead not guilty. Mr. Clark is passionate about securing his clients’ release on bail and working closely with any of the client’s family or friends who are able to act as a Surety to ensure the proper result. Getting out of jail is the first step in staying out of jail.

Release Plans will usually involve at least one responsible Surety who helps to ensure that the accused attends court and follows the release conditions imposed. The Plan must also address questions such as where the accused will reside, work and/or attend school while the charge is outstanding. The Plan will fit realistically within the client’s and the sureties’ living and working arrangements. Bail conditions are crafted in advance in order to create a viable proposal that the Court will see as striking the balance between legitimate release conditions and those that might unduly restrict the liberty of the accused or unnecessarily invite breaches of the conditions.

Bail conditions will usually include having no contact with complainants, witnesses and co-accused, as well as advising authorities of any changes of address or employment. In more serious matters the accused might be required to abide by a curfew, report regularly at a police station or obey other conditions arising from the particular circumstances. Bail conditions must of course have a purpose rationally connected to the case. For example, an offence allegedly committed in broad daylight need not automatically lead to a night-time curfew condition. As well, a drug trafficking charge should not automatically lead to a “no cell phone” condition.

Call 416.531.7321 or Email For a Free Consultation

Graham T. Clark

Empower yourself now by contacting an experienced senior criminal defence lawyer for a free consultation.

Graham T. Clark obtained a Bachelor of Arts degree with High Distinction in 1993 at the University of Toronto (International Relations/Political Theory). He then attended Osgoode Hall Law School. Mr. Clark’s practice today is based on rigorous preparation through close working relationships with clients, on a foundation of 20 years of criminal law courtroom experience.

Call 416.531.7321 or email below:

 

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