If someone you know has been arrested and is held in jail for a bail hearing then the matter is slightly more complex than just “signing him out”. You will have to appear in court and promise to be a surety for the accused person. A surety is basically a person who has to supervise the accused person out in the community. This is NOT automatically done. A lawyer has to typically argue for release of the accused. After arguments have been made, a court of law first has to decide if the accused person can be in fact supervised in the community. If that first hurdle is passed then the second assessment that the court has to make is who can in fact become a surety for an accused. It is likely that the court will want to know if you can have the accused person live with you at your house or apartment. The court will also want to know how much money you can put up for the bail itself. In other words, the surety has to “put up” some money as a sign of god faith to show the court that they are serious about their supervision of the accused. The amount of money being put up depends on a variety of factors such as seriousness of the offence being alleged, past history, relationship of the accused with the surety etc. The surety has to properly prepared by a lawyer before taking the stand on behalf of an accused. The lawyer also has to prepare the surety for the type of questions that the prosecution is likely to ask them in cross- examination. The bail hearing is a crucial step in fighting a criminal charge. There are tactics and preparation that lead to success at bail hearings.
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If the police have decided not to hold you for a bail hearing you will be released and likely be given two separate appearance dates by them. The first date will be for attending at a police station to get your fingerprints taken. The second date will be to appear in person at a “set date court” after your fingerprints have been taken. The location and time along with the courtroom number for the court appearance will be on the release form that he police will have you sign. You must attend on the two dates given to you by the police. If you fail to attend on these dates you will face further criminal charges. You should talk to me before you have your first court appearance.
You should bring ALL the paperwork that the police have given you. You should also bring the names and phone numbers of the witnesses that will support your version of the story. If you have been granted bail, you should bring all the paperwork that you have regarding your release.
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The set date court is where you keep appearing before you set a trial date or decide to plead guilty. The set date court is also a place that you or your lawyer will receive disclosure.
Disclosure is essentially all the evidence that the police have gathered in your case. The disclosure in your case may involve copies of police notes, photographs, witness statements (either written or video/audio), surveillance, wiretaps etc. The amount of disclosure that you get depends on the level of complexity of your case. For example, a case of shoplifting you may only get about thirty or so pages of disclosure. On the other hand, for cases such as murder or a complex fraud matter you may have twenty five or more boxes of disclosure. There are times where I may have to ask for further disclosure on your behalf in order to defend you properly.
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Well in theory, we should be able to perform surgery on our own body. It can be done (I saw Rambo do it in a movie), but we all understand that it would be a real dumb idea. The harsh reality is that once you have been charged, and even though you may not have a criminal record, you are treated as a guilty person by the State (Yeah, I know you are DEEMED to be innocent by law but the reality is different). Most prosecutors, the police, and the court staff, will treat you with suspicion and treat you as if you have no credibility whatsoever. It is for this reason most people hire Criminal Lawyers to fight their charges. The other reason you should hire a criminal lawyer is because s/he knows the system, the relevant case law, and how to present your case in a manner that is most likely to lead to an acquittal or withdrawal of the charges
that you are facing.
Any lawyer who guarantees you an outcome of a case is either a fool or simply not telling you the whole truth due to the lack of experience (or other more evil motives).
First you should read the part “Your Role” elsewhere on this web site where I make suggestions on what you should wear, how you should behave etc. If you have witnesses to support your version of the facts you must tell your lawyer well in advance of the trial about them. The same thing applies to any paperwork or any recordings that you may have. Your lawyer has to prepare in advance for the case. Telling your lawyer about witnesses and paperwork etc on the night before the actual trial is a bad idea. If you have never been into a criminal court for the purpose of trial, and are feeling nervous, it is often a good idea to attend the courthouse your trial is going to be at and watch some trials. Remember that the courthouse is a public place. You have a right to be there and watch the proceedings if you choose to do so.
My job is not to morally judge anyone. That is not my function or desire. My job is to ensure that everyone that I represent has the right to be presumed innocent under our Charter and to vigorously challenge the evidence against my client. My job is to ensure that the State and the prosecutors meet the absolute and the ultimate burden of proving guilt BEYOND A REASONABLE DOUBT. If that legal burden is not met, it is my job to argue in a court of law, why my client should be found not guilty. I take this duty very seriously. It is a great honour. The question for me ALWAYS is about legal guilt, the nature of the evidence, and whether they can prove it.
Do you speak any another languagesI speak Hindi and Urdu.
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