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30
May
2024

Navigating the Complexities of Assault Bail Conditions in Surrey, BC

May 30th, 2024
Navigating the Complexities of Assault Bail Conditions in Surrey, BC

Bail and bail conditions in Surrey, BC, as well as throughout Canada is a complex subject. Today, in our blog, we want to address why and how this is complicated, however, a complete treatment of the subject is beyond the scope of this short article.

If you are charged with assault in Surrey, BC or elsewhere in Canada, the same laws apply.

Here Is What You Need to Know:

1.      In Canada, reasonable bail is recognized as a constitutional right.

That said, it is useful to understand that not everyone charged with a crime receives bail. In addition, the purpose of bail is ensure that the accused will appear in court when necessary, and that notwithstanding bail, the court wishes to both maintain public safety and maintain confidence overall in the justice system.

So, looking at the big picture, British Columbia courts lean in the direction of giving bail to the person who has been accused of a crime.

2.      Bail often has conditions.

There is a long list of potential conditions, such as having a surety, or someone who will supervise the person released to help that person meet the conditions of the bail.

Another condition might be relinquishing your passport so you are not tempted to run off and not attend your court proceedings. You might have a curfew or you might have to wear some electronic monitoring equipment.

The types of conditions that would apply to the bail, assuming you receive bail, depend on the nature and seriousness of the crime—or type of assault—that you are charged with.

3.      If you do not follow the bail conditions.

Then you can find yourself being held in jail. When someone who has received bail does not follow the conditions, the court may revoke your bail in a hurry because this type of behaviour undermines public confidence in the justice system which is one of the basic tenets of bail.

The important takeaway here is to rely on your criminal defence lawyer. If you are accused of assault in Surrey, your lawyer will discuss with you how bail works and accompany you through the process. You will have to prepare for a bail hearing, and it is possible that some mitigating factors may work in your favour. Always rely on your lawyer for any legal wrangling needed. This is your lawyer’s job, not yours. Your best chance to get good bail conditions are to rely on lawyer.

If you are in Surrey, BC, and you have been accused of assault, hire a criminal defence lawyer without delay. You are welcome to call Gagan Nahal for a free legal consultation at (604) 527-4769.

 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.