Criminal Defence Lawyer | Get Bail
Brad Smith is an experienced Vancouver & Kamloops criminal defence lawyer who is very effective at helping his clients get bail.
Anyone charged with a criminal offence in Canada has a constitutional right to reasonable bail. This means that the amount of the bail must be reasonable and so must any of the conditions. However, that does not mean that everyone gets bail in all cases.
Bail hearings are also known as “show cause” hearings. In most cases the prosecutor has to “show cause” why a person should be subject to bail conditions or kept in custody before trial. In some situations, the onus is reversed and the accused person has to “show cause” why bail should be granted. These situations are called “reverse onus”.
There are three ways for the prosecutor to “show cause” to a judge why a person should be subject to bail conditions or kept in custody before trial. They are:
- by showing it is necessary to ensure they attend court when required to do so
- by showing it is necessary to ensure the safety of the public and stop the accused person from committing other offences
- by showing it is necessary to maintain confidence in the administration of justice
Most accused persons are granted bail with or without conditions. Very few people are kept in custody before trial without any bail.
Brad Smith works with his clients and their friends and families to develop a plan to address any bail concerns.