Client released on bail review for fraud and credit card charges
Police arrested the client this summer on charges of theft and fraud involving a credit card. He was eventually brought before a Justice of the Peace for a bail hearing. Since the client was already facing charges under the Immigration and Refugee Protection Act, it was up to him to prove to the Justice of the Peace that he should be released on bail.The client chose to be represented by Duty Counsel at his bail hearing. Duty Counsel are lawyers employed by Legal Aid Ontario to provide free representation for accused persons at bail hearings, guilty pleas, or other non-trial appearances. Duty Counsel lawyers are often tasked with representing dozens of accused people in a day of bail court, and cannot meet with sureties or people facing charges outside of normal court hours. Despite Duty Counsel’s best efforts, the Justice of the Peace denied the client bail and he was ordered to be detained in jail until his trial. For the charges that the client was facing, this meant potentially waiting for a year or more for his trial.
The client retained Tyler MacDonald as his lawyer for a bail review. A bail review is an application in Superior Court to be released on bail on the basis that the Justice of the Peace made an error in ordering the accused to be detained, or that there has been a change of circumstances which may warrant a reconsideration of bail. Simply put, it was the client’s chance to regain his liberty. After reviewing Mr. MacDonald’s written materials and hearing his oral arguments, the Judge of the Superior Court granted the client bail, ordering his release. The client is now free to resume his normal life while awaiting trial, and will be in best possible position to prepare with his lawyer to face that trial.