Why would someone want to request a bail variation
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Why Would Someone Want to Request a Bail Variation

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Why would someone want to request a bail variation

Why Would Someone Want to Request a Bail Variation?

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When someone is arrested and charged with a criminal offence, they have the legal right to a bail hearing. The purpose of bail is to give the individual the opportunity to be released from jail, while they prepare their defence to their charges with help from their Ottawa criminal defence lawyer.

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There is certain circumstance where a bail variation might be desired after posting bail. A variation is a request to the Court to modify conditions that were originally imposed during the initial bail hearing as terms for the accused’s release.

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Depending upon the type of criminal offence, these conditions could create difficulties for the defendant and therefore, result in the need for a bail variation hearing.However, it is vital that you remember you must comply and adhere to all of the original conditions for bail pending the outcome of a bail variation hearing

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Some people assume since they are filing for a bail variation, they can disregard the conditions that they do not like or feel are outrageous. This is not the case. If you fail to follow the original conditions, you could face a potential bail violation and have your bail revoked.

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For instance, in domestic assault cases, the accused might be granted bail, so long as they do not return to the marital home or have contact with the alleged victim, pending the outcome of their case. This could create problems in situations where the couple has minor children, specific working hours, and other such aspects, where being away from the home is creating difficulties for you, your spouse, and your children.

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The Court could agree to a modification in the conditions, along with agreement from the Crown, where the defendant is allowed to return to the home to spend time with their children and provide supervision of the children under different conditions. Although, the Court and Crown may require the defendant to maintain temporary residence with their bail surety.

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Another instance where a bail variation could be necessary is in cases where law enforcement officers are given the power to grant bail, without a formal bail hearing, like for a first-time impaired driving offence. In these cases, the police tend to follow a standardized list of conditions for release, which you might not entirely agree with because they create some difficulty.

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In this situation, it is often better to accept the initial offer and be released, instead of having to be held in custody pending a formal bail hearing. After your release, you can contact a bail variation lawyer to start the process to request a bail review with the Court.

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Disclaimer

DISCLAIMER

  • Keep in mind these are just a few examples of different scenarios where a bail variation can be necessary and each person’s circumstances needs can and do vary and they should not be considered actual legal advice.


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To obtain actual legal advice for your case, contact Ottawa criminal defence lawyer, CélineDostaler at 613.695.8595 now for a free 30-minute case consultation.Source:- http://www.celinedostaler.ca/why-would-someone-want-to-request-a-bail-variation/

www.celinedostaler.ca/ 613.863.8595


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