Arranging Bail And Negotiating Sentencing In Foreign Jurisdictions

A person who qualifies for bail has not actually been found guilty of anything; they are still waiting for the trial.

One of the things we are sometimes able to do when working with the United States’ authorities is to get them to agree to a bail that would permit the person to come back to Canada. Typically our clients will post some sort of bond in the United States. They will arrange for either assets or cash that they agree to forfeit to a United States’ court for the interim to prove that they are going to be returning to the United States for their trial. In the meantime, they can continue their business and their family relationships here. At times, we have actually created a system where they will be supervised in part by Canadian authorities who will be in touch with United States’ authorities so that everybody is comfortable that this person is not fleeing the trial that they are going to ultimately have to have in the United States.

If the person is found guilty in the United States, there might be a sentence imposed that involves some form of community service or community supervision via probation. Though the United States’ probation office and its parole officers have no authority here in Canada, we have set up scenarios in which they agreed to supervise our clients from afar. In one example on a file of mine, the client regularly phoned his US probation officer and that was all they wanted, once the plea was ultimately worked out. The United States’ prosecutors came here to my office and I met with them on a number of occasions and we worked out the terms of the deal without my client ever having to step into an American jail. Ultimately, we flew to the United States, I retained a lawyer there, and over the course of one morning, everything was put into place. Probation was met with and he returned to Canada on the same flight back with me that evening.

It does require a lot of leg work in advance in order to get things to move that smoothly but that is the big advantage of getting help here right away and not waiting until you are in the United States before you try to sort things out. We can arrange for contacts in foreign jurisdictions so that our clients have someone working for them in the other country right away. That is an important benefit that we provide our clients in this situation.

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If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi Shikhman for a consultation.

This information is taken from an interview from , Feb 2,2010 with Ed Prutschi, Criminal Lawyer with Adler Bytensky Prutschi Shikhman, a Toronto Criminal Defence Law Firm. The article is provided as an information service only and should not be used as legal advice. Laws vary by jurisdiction so please consult with an appropriate legal professional if you are looking for help with a specific situation.