Bail Granted: Trafficking heroin, fail to comply with recognizance, possession of heroin for the purpose of trafficking, possession of the proceeds of crime
Getting released on bail can be difficult when you are facing very serious charges. It’s even more difficult when you are charged with committing serious crimes while you are already on bail for the same type of charges. The client was released on bail after being charged with trafficking heroin (and trafficking related offences), but was arrested within a few months on allegations that he had trafficked heroin several more times since his release. He retained defence lawyer Tyler MacDonald for his bail hearing.
Heroin is currently viewed by the criminal courts of this country as one of the most dangerous drugs listed in the Controlled Drugs and Substances Act. Terms such as “insidious” and “devastating” are used at every opportunity to describe heroin. It is seen to be leagues beyond crack cocaine. In the context of the ongoing “war on drugs” and its pervasive impact on the administration of justice, a man who beats his children or his spouse may have a better chance of getting bail than someone who sells a dose of heroin to a willing purchaser. Whatever your views on these issues may be, there’s little opportunity for such a debate when you’re behind bars and facing the prospect of waiting for over a year in jail before your trial.
This particular bail hearing required an argument that, while the charges were serious and the first bail plan may have failed, something short of sending the client to a crowded detention centre was sufficient to address the court’s concerns that the client may continue the alleged activities. The client’s former surety was dropped and a stronger surety was put forward, together with a stronger bail plan. After closing submissions by Tyler MacDonald, the justice of the peace was convinced that the client could be released on a new bail plan. The client was released from custody the same day. He now has all the freedom necessary to work with his lawyer toward a successful defence against the charges.