Arrested? Securing your release may be the most important step in your criminal case.
The road to a successful criminal defence often begins with bail. If you remain in custody, your ability to work, support your family, assist with your defence, and maintain your personal responsibilities can be significantly impacted. In many cases, individuals who are denied bail may remain in custody for months—or even years—before their matter proceeds to trial.
The stakes at a bail hearing are extremely high. For many accused persons, there is only one opportunity to obtain release through a full bail hearing. That is why it is critical to retain experienced counsel as early as possible.
At Michael Coristine Law, we represent individuals at all stages of the bail process, including:
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Bail Hearings
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Bail Reviews
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Consent Releases
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Show Cause Hearings
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Surety Preparation
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Bail Variations and Amendments
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Detention Reviews
We also defend allegations commonly associated with bail and release conditions, including:
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Obstructing Justice (Criminal Code s. 139)
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Public Mischief (Criminal Code s. 140)
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Escape Lawful Custody (Criminal Code s. 144)
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Jumping Bail / Failure to Appear (Criminal Code s. 145)
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Failure to Attend Court (Criminal Code s. 145(2))
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Breach of Recognizance (Criminal Code s. 145(3))
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Failure to Comply with a Release Order (Criminal Code s. 145(5))
Why Bail Matters
The Crown may seek your detention based on concerns relating to public safety, attendance in court, or maintaining confidence in the administration of justice. Depending on the nature of the allegations, the burden may fall on either the Crown or the accused to demonstrate why release is appropriate.
One of the unique challenges at the bail stage is that disclosure is often limited. Your lawyer must make strategic decisions with incomplete information while anticipating how the case is likely to unfold as additional evidence becomes available. Success frequently depends on experience, preparation, and the ability to present a strong release plan to the Crown and the Court.
Building a Strong Bail Plan
A successful bail hearing often requires more than legal arguments alone. The Court will carefully consider factors such as:
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Proposed sureties
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Residential stability
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Employment history
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Family and community support
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Criminal record history
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Compliance with previous court orders
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The nature and circumstances of the allegations
Preparing sureties, organizing supporting documentation, and developing realistic release terms can significantly improve the likelihood of obtaining bail.
Bail Reviews
If bail has been denied, you may still have options. A bail review allows a higher court to reconsider a detention order where there has been a legal error, a material change in circumstances, or where the interests of justice require further review.
Bail reviews are highly technical proceedings that require extensive preparation, legal research, and persuasive advocacy. Success often depends on identifying errors in the original hearing or presenting compelling new evidence that supports release.
Experienced Bail Advocacy
As a former Senior Crown Attorney, Michael Coristine has conducted hundreds of bail hearings and bail reviews throughout his career. He possesses an in-depth understanding of how the bail system operates and how prosecutors assess release proposals. He knows how to develop effective bail plans, prepare sureties, negotiate with the Crown, and advocate for release before the Court when a contested hearing becomes necessary.
If you or a loved one has been arrested and is being held in custody, immediate action is critical. Contact Michael Coristine Law as soon as possible to discuss a bail hearing, bail review, or any allegations relating to breaches of release conditions.
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