If you are denied at the bail hearing stage in your criminal matter means you could be spending weeks or even months in jail without ever having been convicted of a criminal offence. You need to hire a lawyer who will make sure this does not happen. You need to call Sam Goldstein Criminal Law Trials & Appeals.
Sam understands the key to a successful bail hearing is Surety preparation. As a former prosecutor he knows what questions will likely be asked at a bail hearing and therefor he can use that knowledge to properly prepare your surety ahead of time for the “difficult” questions. This means meeting with all of the proposed sureties in order to prepare them for the types of questions they will be asked at a hearing by the judge or prosecutor. One wrong answer at the bail hearing can often be the difference between securing a release and remaining behind bars.
If you have been contacted by the police and instructed to turn yourself in, Sam will be able to assist in your surrender and begin negotiating your conditions of release ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that you will be denied bail at the bail hearing because your speedy release is important.
If you have been denied bail, then you can have your matter judicially reviewed by a higher court. Sam is often referred cases from other lawyers who had difficulties at the bail stage. If you are acting on behalf of person who has been detained, then call Sam Goldstein Criminal Law Trials and Appeals to assist you in reviewing your loved one or friend’s bail hearing expeditiously.
You have a right to bail even in extradition proceedings. Sam understands that fending off an attempt at extradition to a foreign country is difficult. Sam has vast experience in extradition law and dealing with foreign officials especially in the United State. In some situations, your best option is to negotiate with the foreign authorities the terms of your surrender. Then Sam will assist in retaining local counsel in the jurisdiction you are being extradited to and working alongside that lawyer to help solve your extradition problems. In some cases, if you are a Canadian citizen, Sam can arrange for you to serve any sentence imposed by a foreign court here in Canada.
United States of America v. J.A. – negotiated surrender, terms of release pending extradition, retained U.S. counsel and client sentenced in the U.S. and returned to Canada to serve out the rests of his sentence.
United State of America v. P.L. –appeal to Minister to review extradition order.
Upon your arrest the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns establishing your identity, concerns that you will interfere in their investigation by destroying property or continuing the offence; or, concerns that you will not show up to court.
A surety is somebody willing to supervise you while you are released on bail and will be responsible for ensuring that you are following all of the conditions of your bail. Depending on certain circumstances, you may be required to live with your surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise you –or risk losing their money should they fail to do so.
Conditions of Release
If you are released on bail the Court will impose conditions upon you that you must follow or risk being charged with failure to comply with you bail thus making it even more difficult for you to be released for a second time. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location, to maintain a curfew, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes.
If you are denied bail at the initial stage then you can apply to have a Superior Court Judge review your detention. Judicial Review is on a limited basis. You must show the reviewing court that there has been a change in your circumstances to justify your release or that the bail court justice made an error in detaining you. The limited review of a detention order is why you need experienced counsel at the initial stage and why you need experienced counsel to ensure that errors by the bail court are reviewed.
Extradition is meant to be a simple and expeditious process by which Canada returns wanted fugitives to its partner nations.
Countries currently having extradition treaties with Canada are: Albania, Argentina, Austria, Belgium, Bolivia, Chile, Colombia, Cuba, Czechoslovakia, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hong Kong, Hungary, Iceland, India, Israel, Italy, Korea, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Romania, San Marino, South Africa, Spain, Sweden, Switzerland, Thailand, United States and Uruguay are all countries with extradition treaties with Canada.