The first step after a person is charged with any criminal allegation is determining how and if they will be released pending the outcome of their case. Accused individuals in Canada have a constitutional right to be released on bail pending trial unless there is just cause to hold them in custody until their court date. It's important to have an experienced lawyer representing you to ensure your rights are protected, and you are treated fairly by the court.
The police generally release individuals so they may reside in the community as their case works through the court system. If the police refuse to allow an individual to remain in the community until their day in court, they have the right to be brought to court for a bail hearing. At a bail hearing, the accused person will have the opportunity to argue their case for release. People with criminal records or facing serious charges are often held for a bail hearing.
If a person is denied bail, they may bring a bail review to the Superior Court. A bail review is a process by which the accused may seek a review of the decision of the bail hearing proceedings. The legal and factual issues involved in the bail hearing will be examined, and an outcome will be decided at the bail review. They require the preparation of specific materials, including affidavits and a transcript, which must be filed with the reviewing Superior Court.
Whether you are an accused facing charges, or a family member trying to get your loved one out of jail, the team at Andrews Benko & Associates can help. We have years of experience helping people with bail hearings and bail reviews in Saskatchewan, and we can help you too. Contact us today if you need assistance with a bail hearing or a bail review.