BAIL HEARINGS

Typically, when an accused is charged with an offence the arresting officer has the choice to release him or to detain him. If the accused is detained, he will be brought before a Justice of the Peace without reasonable delay within 24 hours.

At Paul Lewandowski Criminal Law, we begin the process by negotiating with the Crown Attorneys to determine whether the accused can be released on consent. If a consent release cannot be arranged, a contested bail hearing (also known as a show cause hearing) is scheduled. At that point a suitable bail plan is put together, which may include interviewing potential sureties, contacting the John Howard Society, and/or preparing bond documentation.

A bail hearing is then conducted. Depending on the nature of the offence, the Crown Attorney usually has to satisfy the court that the accused should be detained. However, there are some specific offences where the onus is reversed and it is up to the accused to show why he should be released. If after the bail hearing the accused is detained, a review of the detention order can done by the Superior Court of Justice through what is called a bail review.

SURETY

A surety is someone who agrees to monitor and be responsible for an accused while he is out of custody waiting the completion of his criminal matters. They are also responsible for ensuring that the accused appears for all court appearances and complies with the release conditions imposed by the court. They must also agree to report any failures (breaches) in complying with the conditions.

PRE-TRIAL RELEASE

Paul Lewandowski has over 11 years of experience, and has successfully petitioned the court for release on offenders with significant criminal records, multiple sets of charges, sexual offences, armed robberies, firearms offences, attempted murder and almost any other offence under the Criminal Code of Canada or Controlled Drugs and Substances Act. Potentially, any client is releasable with proper preparation and a sound bail strategy.