Jul 05
Lockyer Zaduk Zeeh are Belleville bail review lawyers. We place substantial emphasis on our client’s freedom whether that is during the bail hearing phase or on a bail review. We work with you and your sureties to ensure you have the best chance of release pending your trial.
What is a Bail Review?
A bail review is an appeal (or review) of your initial bail hearing which occurs in the Superior Court of Justice. To schedule a bail review, an application will need to be filed which will include the transcript from your bail hearing, affidavits from both you and your proposed sureties, and your release plan.
Where Would a Bail Review Happen?
A bail review occurs in the Ontario Superior Court of Justice in the same jurisdiction of your criminal charges. So, in Belleville, your bail review occurs at 15 Bridge Street West.
How Can I be Successful at my Bail Review?
The Criminal Code of Canada provides jurisdiction for a bail review. To successfully bring a bail review, you will need to meet at least one of the following criteria:
- Material Change in Circumstances: there is a material difference from your first bail hearing which can include a stronger bail plan, a weaker case, or lesser charges.
- An Error of Law: Sometimes Justices of the Peace or Judges during your bail hearing may make a legal error when they detained you. A bail review allows the Superior Court of Justice to review the Justice of the Peace or judge’s reasons.
If you establish one of these prerequisites, the Superior Court of Justice judge would review your bail to determine if the grounds for release (primary, secondary, tertiary) have been met. That means that even if you show a material change in circumstances the judge may decide that the grounds for release support your detention and continue the detention order. You are not guaranteed to be released simply because you are bringing a bail review.
Who do I Hire for My Bail Review?
Schedule a consultation with Belleville bail review lawyers, Lockyer Zaduk Zeeh, by calling our office at 416-613-0416 or by e-mailing us at info@Lzzdefence.ca. Lockyer Zaduk Zeeh is experienced at conducting bail reviews and have represented clients across Ontario seeking bail reviews.
