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Copperlaw
Copperlaw, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 2012
Experience:  Criminal Defense Attorney Retired Cop Drug Expert, Undercover Negotiator Breath Tech Traffic Specialist
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I got denied bail I appealed it the judge ruled the guns were

Customer Question

I got denied bail I appealed it the judge ruled the guns were not restricted .then the prosecutor used same argument in my coaccused bail hearing with a j. p. I feel he lyed
Submitted: 1 year ago.
Category: Canada Criminal Law
Customer: replied 1 year ago.
I got bail in my appeal ,mycoaccused was denied how can a federal prosecocutor get away with this or can he
Customer: replied 1 year ago.
the jp never heard the high court judges decision
Expert:  Copperlaw replied 1 year ago.
Good evening, I would be happy to assist you.
Your friend can apply for bail review to the higher court and can use the decision from your bail in his bail review.
Dealing with the Crown's position on bail, the Crown does not have to agree with the decision of the judge in your case and can take an adverse position if they choose. Judges do make mistakes, not saying they made one in yours, however they do make them and that's why we have appeals courts. The Crown can still take the same position if they believe it to be valid, regardless of a prior judge's decision. It would be up to the JP or judge hearing the matter.
So ultimately, the Crown can do what they did, however if the judge in your case was correct and this was the only thing causing your friend's detention, then it should be overturned on review.
Please let me know if you require anything further as I am happy to discuss this as much as you need.
Also, please take a moment to leave me a positive rating as it helps me to build my reputation here on the site.
Jim
Expert:  Copperlaw replied 1 year ago.
Hi, I see that you were back in and viewed my response, however I do not see a reply from you. Please let me know if you are satisfied with the information that I have provided or if you require anything further as I am happy to continue this discussion.
Also, please remember to take a moment to provide me with a positive rating as this credits me for the time that I have spent with you and also helps me here on the site.
Warm Regards
Jim

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