Bail Hearings

Winnipeg Defense Attorney Joshua Rogala Explains the Bail Process

When facing criminal charges and being held in custody, it can be an incredibly stressful experience with consequences that can impact an individual’s family and career. As a highly skilled criminal defense attorney in Winnipeg, Joshua Rogala understands the importance of obtaining his client’s release from custody. In this article, we will provide valuable insights into the bail process, including the role of sureties, how to prepare for a bail hearing, and the option to appeal a denied bail decision.

The Importance of Bail Hearings

A bail hearing is a crucial step in the legal process for individuals who have been arrested and are facing charges. It is an opportunity for the accused to seek release from custody until their matter is resolved in court. If an accused is granted bail, they can resume their normal day-to-day lives, albeit with certain bail conditions, until their trial date. However, if an accused is denied bail, they may have to remain in custody for an extended period of time, especially considering the backlog of trial dates in Winnipeg, which can range from 6 months to 1.5 years. Therefore, careful preparation for a bail hearing is essential to increase the chances of success.

Role of Sureties

One of the key elements of a successful bail hearing is the role of sureties. A surety is an individual who takes responsibility for the accused while they are on release in the community. The court views the surety as the accused’s jailer out of custody, responsible for ensuring the accused attends court as required and complies with other bail conditions. Sureties may be required to provide a cash deposit to the court and may need to meet certain financial and personal character criteria. The best surety is someone who can provide close supervision and ensure the accused’s compliance with bail conditions. This can include abstaining from alcohol, following curfews, and avoiding contact with the complainant. In some cases, a surety may be required to live with the accused to ensure close monitoring.

Preparing for a Bail Hearing

The preparation for a bail hearing is crucial and requires careful attention to detail. If the Crown Attorney opposes the accused’s release, a contested bail hearing may be necessary. In such cases, the defense attorney must present a well-thought-out plan that addresses the concerns of the Crown Attorney. This may include addressing issues related to the accused’s attendance at court, the protection and safety of the public, and the administration of justice. The defense attorney may also present a bail plan that includes supervision, surety, or a cash deposit. Proper preparation and presentation of the bail plan can significantly impact the outcome of the bail hearing.

Appealing a Denied Bail Decision

If an accused is denied bail, they have the option to appeal the decision to the Court of King’s Bench. This process is known as a “bail review” and can be a timely and costly process. It may involve ordering transcripts from the initial bail hearing, drafting motions and affidavits, and gathering additional information. The accused must then convince the Court of King’s Bench Justice that the Provincial Court Judge erred in denying bail. Having an experienced criminal defense attorney like Joshua Rogala can greatly assist in navigating the bail review process and increasing the chances of a favorable outcome.

Conclusion

Navigating the bail process can be complex and daunting, but having an experienced and skilled defense attorney like Joshua Rogala by your side can greatly increase your chances of a successful outcome. From understanding the different types of releases, to preparing a comprehensive plan for bail, to securing a suitable surety, Joshua Rogala is dedicated to providing the best possible defense for his clients and helping them obtain their release from custody.

With a backlog of trial dates in Winnipeg, being held in custody for an extended period of time can have significant consequences for an accused’s family and career. Therefore, a well-prepared and effective bail hearing is crucial. If bail is denied, Joshua Rogala can also assist with the appeal process, known as a “bail review”, in the Court of King’s Bench.

If you or a loved one are facing criminal charges and need assistance with the bail process in Winnipeg, contact Joshua Rogala, a trusted defense attorney, to protect your rights and pursue the best possible outcome for your case. Don’t let being in custody impact your life any longer than necessary – let Joshua Rogala fight for your release.