What are the grounds for bail? Orcus Law

What are the grounds for bail? Orcus Law

When an individual is charged with a criminal offence and is arrested, their options of release are potentially being released from the crime scene, released from the police station, or held for a bail hearing. A bail hearing is when the accused is tried by a court of law to determine if they are guilty or not. At Orcus Law, our lawyers have a wealth of
knowledge and an excellent success record in bail hearings for our clients.

What three types of grounds for bail?

The judge decides to release the accused based on three below-mentioned points:

1. Primary grounds

If the accused is released, they will need to show up at specified court dates to face their charges or take them off.

2. Secondary grounds

If the accused is released and there is a chance of him being a threat to society and is more likely to commit offences in the future, or is detention necessary for the safety of the public?

3. Tertiary grounds

Is there a “just cause” for detaining the accused? How strong is the legal case against the accused? The circumstances surrounding the offence, whether a firearm was used in the criminal act. These grounds of detention are generally reserved for very serious offences.

The above-mentioned grounds for bail ensure faith and confidence in the administration so that justice is maintained.

What happens on the day of the bail hearing?

A bail hearing takes place in a courtroom in front of a judge. An attorney will represent the police at the hearing and explain in detail to the judge why the accused should be kept in custody till the remainder of the trial. The judge may suggest that the accused can be released but will have to adhere to certain bail conditions while released from custody. Many courts have backlogs of cases, and failure to grant bail to the accused at the trial could see them remain in jail for a couple of months. At Orcus Law, our lawyers have represented several clients in several hearings making sure their client has a good solution to be released from custody with or without bail conditions. If the court concludes that the accused may be released from custody, as mentioned above certain bail conditions will be applied that they must abide by. Having a knowledgeable lawyer from Orcus Law at the hearing will ensure that no unrealistic conditions are handed to the accused.

Letting the lawyers at Orcus Law defend you

If you know someone or you are charged with a criminal offence like fraud, theft, domestic assault and much more, it is in your interest to have a skilled and professional bail hearing lawyer from Orcus Law represent you at the bail hearing. If you wish to seek top-quality legal advice or need to speak to a lawyer, please do not hesitate to schedule an appointment with our legal team today. You can rest assured;  we uphold the values of lawyer-client confidentiality.

How Estate Litigation Lawyers Assist You In Overcoming Litigation Disputes?

How Estate Litigation Lawyers Assist You In Overcoming Litigation Disputes?

Estate litigation is when a member of the family asks the court to rule on whether to enforce their entitlement or right. It entails managing the estates of the deceased. Family provision claims, will challenges, and superannuation issues are frequently involved in estate litigation. Estate litigation also includes requests for restitution for any conduct that has negatively impacted estate value. This blog will highlight the issues faced in estate litigation and how Orcus Law LLP can help you to overcome them.

Reasons For The Rise of Wills and Estates Litigation?

There are several reasons why disputes involving wills and estates arise.

  •  Wills
    A will must meet very strict requirements and adhere to established procedures in order to be valid. Any person may file a lawsuit against the estate if any of these established conditions are not met. In addition to being an expensive process, estate litigation can be difficult for family members. Once estate litigation begins, the beneficiaries of the estate must wait to receive their inheritance rights until the conflict is settled.
  •  Cases of Family Provision
    A family member of the deceased individual submits a request for a provision in their estate. If a decedent’s child, spouse, or dependent believes they have been unfairly left out of the will or intestate estate, they may file a family provision petition. Even if a deceased man can bequeath their property to anybody they like, it is still important for them to take care of their family.
  •  Additional Types Of Estate Litigation
  1.  Rectification requests are made to fix any secretarial mistakes in a will;
  2.  Petitions for wills from those who lack the mental capacity to do so, which the court has approved;
  3.  Applications asking for substitute executors if there are any obstacles or excessive delays in the administration of the estate
  4.  Any claim of improper transactions where the beneficiaries allegedly abused their relationship with the decedent;
  5.  Appeals for informal wills that represent wills that were not properly witnessed or notarized;

Making court filings is frequently the only option available to resolve estate-related difficulties. It is obvious that estate planning needs to be done thoroughly, but even though deceased estate litigation cannot be completely avoided, it can be greatly reduced with forward planning and structure.

  •  Arguments Over Powers of Attorney
    Other types of disputes can occur when the power of attorney was awarded unlawfully or when the person who was given it failed to accurately carry out the testator’s wishes. When an attorney behaves illegally or the estate’s counsel declines to act, this raises additional doubts about the validity of the power of attorney.

Get In Touch With Orcus Law LLP For Hiring The Right Estate Litigation Lawyers!

The attorneys at Orcus Law LLP can assist you if you’re an Estate Trustee looking for clarification of your obligations, a beneficiary wanting to contest a Will, or another person with a stake in how an estate is distributed. Our estate litigation attorneys have knowledge of handling a range of estate litigation issues, and they will fight to safeguard your rights. In both litigation and other forms of dispute resolution, we offer sage counsel and competent representation. Call us at 905-564-8889 or send us a message online to schedule a private appointment to talk about your estate litigation case.

Five Common Types of Civil Litigation Cases

Five Common Types of Civil Litigation Cases

The major difference between a civil litigation case and a criminal case is that in civil litigation case either one or both parties are seeking monetary or any other form of compensation, instead of a criminal charge. The prosecution in a criminal case generally represents the state in which the trial is taking place. However, in civil litigation cases both the parties represent themselves and are assisted by a civil litigation lawyer or legal counsel.
Below mentioned are some of the most come types of cases to appear in civil court:

1. Contractual disputes

Contract disputes usually happen when one or more parties that sign a contract will not meet their obligations. This is usually down to the reason that one party tries to do too much themselves and does not have the required manpower and funds to fulfil their obligations. Another reason is the terms are not well drafted and usually favour one party.

2. Property disputes

Property disputes involve disputes about ownership of property or damage caused to either party’s real estate or property. There are several types of property disputes that a civil litigation attorney may handle. The common type of property dispute is a line dispute. A line dispute is when one party alleges that a neighbour crosses the property boundary between their houses for building.

3. Torts

A tort is a civil litigation case where one party alleges that the other party caused them emotional or physical harm. Tort cases are in many forms and are usually related to an individual’s safety, and the safety of their property, including financial security. Other common torts are related to accidents and injuries such as assault or battery charges, or negligence on either party not doing their assigned duty.

4. Class action lawsuits

Similar to torts, class action lawsuits are where only the prosecution in these types of cases represents a class of people of the group who have all been injured by the same object. They are usually common in cases of defective products, or if they are exposed to hazardous materials or a faulty item that has injured multiple people before it was recalled.

5. Complaints against the city

Any complaint that is made against the city or to the federal government is usually settled out of court. However, in the event the government chooses to not settle, the complaints are generally tried as civil cases. These are cases where the plaintiff alleges that the city law has caused harm to its people. There are various types of civil litigation cases, and at times, a civil litigation case can become a criminal case that could have an unfavourable outcome for the prosecution. If you think you may have grounds for a civil litigation case, please do not hesitate to get in touch

with the team at Orcus Law to schedule an initial consultation. Our civil litigation lawyers have the knowledge to look after your interests. For further enquiries, get in touch.