Why Would Someone Want to Request a Bail Variation

1
Why Would Someone Want to Request a Bail
Variation?

• www.celinedostaler.ca/
  613.863.8595

2
When someone is arrested and charged with a
criminal offence, they have the legal right to a
bail hearing. The purpose of bail is to give the
individual the opportunity to be released from
jail, while they prepare their defence to their
charges with help from their Ottawa criminal
defence lawyer.

• www.celinedostaler.ca/
  613.863.8595

3
There is certain circumstance where a bail
variation might be desired after posting bail. A
variation is a request to the Court to modify
conditions that were originally imposed during
the initial bail hearing as terms for the
accuseds release.

• www.celinedostaler.ca/
  613.863.8595

4
Depending upon the type of criminal offence,
these conditions could create difficulties for
the defendant and therefore, result in the need
for a bail variation hearing. However, it is
vital that you remember you must comply and
adhere to all of the original conditions for bail
pending the outcome of a bail variation hearing

• www.celinedostaler.ca/
  613.863.8595

5
Some people assume since they are filing for a
bail variation, they can disregard the conditions
that they do not like or feel are outrageous.
This is not the case. If you fail to follow the
original conditions, you could face a potential
bail violation and have your bail revoked.

• www.celinedostaler.ca/
  613.863.8595

6
For instance, in domestic assault cases, the
accused might be granted bail, so long as they do
not return to the marital home or have contact
with the alleged victim, pending the outcome of
their case. This could create problems in
situations where the couple has minor children,
specific working hours, and other such aspects,
where being away from the home is creating
difficulties for you, your spouse, and your
children.

• www.celinedostaler.ca/
  613.863.8595

7
The Court could agree to a modification in the
conditions, along with agreement from the Crown,
where the defendant is allowed to return to the
home to spend time with their children and
provide supervision of the children under
different conditions. Although, the Court and
Crown may require the defendant to maintain
temporary residence with their bail surety.

• www.celinedostaler.ca/
  613.863.8595

8
Another instance where a bail variation could be
necessary is in cases where law enforcement
officers are given the power to grant bail,
without a formal bail hearing, like for a
first-time impaired driving offence. In these
cases, the police tend to follow a standardized
list of conditions for release, which you might
not entirely agree with because they create some
difficulty.

• www.celinedostaler.ca/
  613.863.8595

9
In this situation, it is often better to accept
the initial offer and be released, instead of
having to be held in custody pending a formal
bail hearing. After your release, you can contact
a bail variation lawyer to start the process to
request a bail review with the Court.

• www.celinedostaler.ca/
  613.863.8595

10
DISCLAIMER

• Keep in mind these are just a few examples of
  different scenarios where a bail variation can be
  necessary and each persons circumstances needs
  can and do vary and they should not be considered
  actual legal advice.

11
To obtain actual legal advice for your case,
contact Ottawa criminal defence lawyer, Céline
Dostaler at 613.695.8595 now for a free 30-minute
case consultation.    Source-
http//www.celinedostaler.ca/why-would-someone-wan
t-to-request-a-bail-variation/

• www.celinedostaler.ca/
  613.863.8595