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CRIMINAL DEFENCE LAW

YOUR GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN CANADA

DENIAL OF BAIL BY THE COURTS

YES,

THE COURT CAN DENY YOU BAIL

You have a good chance of being jailed instead of bailed.

We Need More Bail, Not Less

Men are often presumed guilty and must prove they are not.

If You Have Been Charged With a Criminal Offence, Do Not Gamble. CLICK HERE  to Get a Criminal Lawyer NOW.

It costs about $250 a day to keep someone in a jail in Canada.

The costs of jailing (incarcerating) people by denying them bail are enormous. You pay for this in higher taxes.

Canadians have been complaining about bail being granted "too easily."

Please stop and think. An accused is not guilty until convicted. All accused are generally entitled to bail pending trial unless there are strong circumstance which mitigate against bail.

In reality, our courts deny bail more often than they grant it. Our jails are full of accused people awaiting trial who have not been convicted of any crime. False accusations are a dime a dozen. The police almost always overcharge, charge someone with many offences, hoping a few will stick.

The problem is not that some Justices of the Peace, (JP) are giving bail too easily. It is the exact opposite. Courts routinely deny bail to large numbers of people who should get bail. They play it safe regardless of the circumstances, so innocent people go to jail for no valid reason. It can easily happen to you

 

Chances are you will be denied bail if charged.

Too many people are denied bail

 for no valid reason

They are nearly always men

In vast numbers of cases, the time an accused spends in jail pending trial will exceed the sentence he would get if finally convicted.

As a result countless numbers of innocent men, recognizing the brutal reality of their plight, plead guilty in return for "time served" sentences. This of course most directly affects the working poor who cannot afford either bail if granted and/or the price of decent legal help for their defence. Justice costs a great deal of money. It is not free.

Pretrial jail conditions are so horrendous that courts almost always extra credit for pretrial time served as some sort of compensation.

The police overcharge routinely by laying as many related charges as they can think of, presumably hoping to get a plea bargain conviction on some of them. They also lay many questionable charges on the theory that the courts can sort it out later.

The justice system needs a massive overhaul. On the one hand, our jails are full of untried accused, while on the other hand convicted killers like Kimberly Elliott gets house arrest for killing two people and injuring a third while driving drunk. When 97% of all criminal trials result in some form of conviction, something is seriously wrong. The courts will find some way to convict you at trial, partly to avoid law suits from wrongful prosecutions and such. It is the ultimate "CYA " program and it is dead wrong. But as always,

"The big thieves hang the little thieves."

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