Success at a bail hearing depends on preparing a Release Plan capable of assuring the Court that the accused will re-attend court and abide by other conditions necessary “for the protection or safety of the public”. Experience and expertise can make the difference in this essential task. Mr. Clark works closely with the client and his/her family and friends and other supporters (such as employers and educators) to create a Release Plan that will satisfy the Court’s bail concerns in any given case. A well prepared Release Plan can sometimes persuade the Crown to consent to a release order, eliminating the chance of being denied bail.
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, and 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. And a drug trafficking charge should not automatically lead to a “no cell phone” condition, even if there was once a time long ago when only drug dealers and diplomats had mobile phones (and even if the Crown and some Justices of the Peace seem to think times have not changed!).
Call for a free consultation: 416.531.7321.