Criminal Lawyers

Kelowna & Lake Country Criminal Lawyers

Domenic Maio is a Top-Rated Criminal Lawyer with Offices in Kelowna

Based in Kelowna, British Columbia, Maio Law firm provides legal services for singles or couples will creation, estate planning and power of attorney for personal care. Maio Law assists clients throughout Kelowna and Lake Country British Columbia.

Call Now For A Free Consultation: (778) 760-0017

Court Locations

Whether a person is facing a bail hearing in Kelowna, Lake Country or surrounding area, Maio Law can assist you, weekend or weekday - 24/7 - call for service - (778) 760-0017.

What Is A Bail Hearing

When a person charged with criminal offences is held in custody following their arrest, the Criminal Code requires that they appear before a Justice of the Peace within 24 hours for what is colloquially known as a bail hearing. Depending on the nature of the alleged offence(s) and any prior criminal record of the person accused, the Crown may be required to show cause why the person should be held in custody pending their trial, or the accused person may be required to show cause why they should be released. Often the Court will require that the accused person provide what is called a "surety", which is a person who is willing to come forward and pledge money on behalf of the accused person and supervise them on behalf of the Court to ensure that they attend all of their Court appearances and comply with any additional terms of release. Again depending on the circumstances, a Court may impose any number of terms, including such things as having no contact with alleged victims or persons co-accused, remaining away from certain areas, residing in designated places, et cetera. Because it can often take in excess of a year or more to bring criminal proceedings to trial, it is critical that an accused person's lawyer is capable of crafting a plan of release that, while adequately addressing the concerns of the Court and the Crown in order to secure their release, also imposes terms that an accused person is capable of living under for an extended period of time. A thorough understanding of the law and the ability to communicate with and understand the needs of clients gives Maio Law the ability to assist in this process in a timely and advantageous manner. ​

Why Call A Criminal Lawyer?

The bail stage of the criminal process is one of the most important stages. Hiring an effective lawyer at this stage can mean release from custody with reasonable conditions imposed upon the individual. Without the assistance of effective representation, an individual maybe subject to restrictive conditions such as: house arrest, curfew, impractical reporting conditions or even worse, may be detained until the finality of the charges.

What Is A Surety?

A surety is an individual who presents themselves to the court and undertakes to supervise an individual who is facing criminal charges. In essence, a surety is a "Community Jailor", they ensure that while the accused is released from custody, they will attend all required court appearances and abide by any conditions that are imposed by the court. To act as a surety, an individual may have to pledge an amount of money to the Court to secure the release of the individual facing criminal charges. In most circumstances this money will not have to be deposited to the Court, but the individual will be required to satisfy the Court that they have the financial resources to satisfy the amount pledged should the accused breach any conditions of release. The amount of money pledge will vary with each case and is dependent on the criminal charges the accused is facing, the criminal history of the accused, the seriousness and nature of the charges and the circumstances of the individual surety or sureties. ​

Who Can Be A Surety?

In order to be approved by the Court to act as a surety, an individual should meet certain qualifications such as: ​

  • Be at least 18 years of age;
  • Know the accused and have confidence in their ability to supervise the accused;
  • Should not have a criminal record, though this is not a total bar and is fact dependent; ​
  • Should not be acting as surety for someone else; ​
  • Not be involved in the criminal offence that brings the accused before the courts; ​
  • Have the financial resources and willingness to pledge the amount required by the Court; ​
  • A non-resident of the Province; ​
  • A person who has been indemnified in respect of the bail or has received a promise of consideration.​

Forms Of Release?

Where the Court is satisfied that an individual can be released from custody, many forms of release are available such as:

  • An undertaking;
  • A recognizance of bail without sureties and without deposit;
  • A recognizance of bail with sureties without deposit; ​
  • A recognizance of bail with sureties with deposit. ​

Depending on the type of release put in place by the court, numerous conditions could be attached to ensure that the accused person does not commit further offences while on bail and does not interfere with the administration of justice.

Private Or Legal Aid

If you are charged with a criminal offence the process can be long, stressful, and confusing. Maio Law can assist you with this process from the point of your arrest to the conclusion of your matter. Maio Law can offer a tailored solution to fit within your financial means. Maio Law also accepts clients who have legal aid.

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