Criminal Defence

Bail Hearing Lawyers in New Brunswick and Nova Scotia

A gavel on a desk in the firm's Moncton office

After an arrest, police either release a person on an undertaking or hold them for court, and a person held must be brought before a judge or justice within twenty-four hours or as soon as practicable. The hearing that follows decides where they wait for trial. A bail hearing lawyer at this firm runs those hearings in New Brunswick and Nova Scotia, and the outcome affects the defence and whether the person keeps their job.

Release Is the Starting Point Under Section 515

Section 515 of the Criminal Code directs release without conditions unless the Crown shows cause for more. The law requires the least restrictive form of release that works, considering each less restrictive form before a more restrictive one: conditions only where needed, a surety only where conditions are not enough, detention last. Cash deposits are the exception for people who live in the province, not the rule.

The Crown Can Oppose Release on Three Grounds

Detention can rest on the primary ground, that the person will not attend court; the secondary ground, a substantial likelihood of reoffending or interfering with witnesses; or the tertiary ground, that release would undermine public confidence in the justice system on the most serious allegations. The defence answers the ground the Crown actually relies on and pins the Crown to it early.

Some Charges Put the Onus on the Accused

For most charges the Crown must justify detention. The onus reverses for an offence allegedly committed while already on release, for certain firearms offences, for some drug trafficking charges, and for intimate partner violence where there is a prior. Parliament widened the reverse onus list in 2023. A reverse onus does not mean detention; the plan presented has to justify release.

What a Bail Hearing Lawyer Prepares Before the Hearing

A winnable hearing is assembled, not improvised: a surety interviewed and ready to testify, an address away from the complainant, a work letter, a treatment bed where substance use drove the allegation, and proposed conditions the person can actually keep. Conditions that invite failure produce breach charges, so the plan is built to be kept, not to sound strict.

The Crown Can Delay, So Preparation Starts on Arrest Day

The Crown can obtain an adjournment of up to three clear days without the accused’s consent, and a defence not ready when the hearing is called loses days in custody. The firm treats the arrest call as the start of the hearing: the surety work and the release plan begin the same day.

A Detention Order Is Not the End

A detention order, or release terms that cannot be lived with, can be reviewed in the superior court, the Court of King’s Bench in New Brunswick and the Supreme Court in Nova Scotia, on error or on new circumstances such as a surety who has come forward. A person still detained also gets a review after ninety days. Conditions can be varied later on consent when circumstances change.

The Firm Runs Bail Hearings in Both Provinces

Moncton and Saint John cover New Brunswick hearings and Halifax covers Nova Scotia’s, most often on assault and domestic files where the conditions matter as much as the release. The full practice is at criminal defence. For an arrest that has already happened, the contact page connects to the nearest office.

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How Fast Should Family Call a Lawyer?

The same day as the arrest. The hearing can happen the next morning, and the surety and the plan have to be ready before it starts, because days lost to adjournments are spent in custody.

What Does a Surety Actually Promise?

A surety promises to supervise the person and pledges an amount the court can order forfeited if the promise fails. The money is rarely deposited up front. The court cares most about whether the surety knows the allegations and will report a breach.