Every client who finds themselves behind bars – whether they’re a first time accused or have been in and out of the system regularly – always has the same pressing question for me: “Are they going to let me out!?”
The reality is that no defence lawyer can guarantee that a client will be released pending the resolution of their charges (either via trial or guilty plea). This is because there are a lot of factors that go into the decision of whether to release an accused on bail. These reasons include (but are not limited to) the severity of the allegations, whether the charges are domestic, length of one’s criminal record, strength of the crown’s case, and most importantly – whether there’s a plan in place for bail that can meet the three grounds of potential concern. These three grounds are primary grounds (i.e. will the accused come back for court if released?); the secondary grounds (i.e. does the accused pose a risk to a specific victim or the community generally?); and the tertiary ground (i.e. a catch-all ground to ensure the confidence in the administration of justice is upheld).
Depending on the above factors, an accused may be released “on consent” from the police station, or with the consent of the Crown from court. However, if the Crown is not willing to consent to release, or is on the fence, having a lawyer who is willing to get all of the background information, get a solid bail plan together, and fight for your release becomes crucial. The day of one’s bail hearing can be the most important day of your life – make sure you have DeMelo Law behind you if you ever find yourself in this situation.