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Provisional Arrest and Your Right to Bail

An arrest for extradition, or any crime, is a serious matter. If you have been arrested, it is vital that you seek representation from an experienced lawyer as soon as possible. You get only one opportunity to make bail, and if you are not fully prepared, you may lose your freedom for a long time to come.

Dr. Gary Botting is a recognized extradition lawyer with more than 25 years of experience. He is committed to providing assertive representation in even the most complex legal matters.

The law firm G.N.A. Botting, Barrister, serves clients in Vancouver, BC, and throughout British Columbia in extradition and criminal defence matters. He has experience representing clients of all nationalities, including American, Chinese, Filipino, Punjabi and other Middle Eastern nationals in the Vancouver area.

Have You Been Served With a Provisional Arrest or Extradition Warrant?

Provisional arrest is often the first step in an extradition proceeding. At this point, the authorities in a foreign country have put out a warrant for your arrest. Often this warrant is based on a sealed indictment and a determination that you are located in or on your way to Canada. On behalf of the foreign government, the Attorney General of Canada applies, without opposition, to a judge of the Supreme Court of British Columbia for a provisional arrest warrant, which once issued may be executed anywhere in Canada.

In many instances, an individual may not even be aware of the details or the reasons for the charges, so retaining representation from a lawyer early is essential, from the arrest to the hearing.

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You Have the Right to Bail!

A person arrested on a provisional arrest or extradition warrant has the right to be released on bail unless the Attorney General shows cause as to why detention is essential.

The Attorney General's lawyers will try to set an early "show cause" hearing to catch the accused individual off-guard. An improperly defended show cause hearing often results in a long time in jail before a second opportunity to seek bail arises — but this time the onus is on the individual to prove he or she is not a flight risk.

A well-prepared show cause defence and bail application is essential at the beginning of every extradition case. This is not simply a matter of filling out a form; it is a matter of obtaining and presenting to the court letters of reference, sureties and other essential documents.

Since the individual is in jail, the bail application must be prepared and documented by an experienced lawyer. Spending a few extra days in jail while a lawyer prepares the bail application may save the person months of jail time in a remand centre.

Bail not only gives you freedom, it can also help your case. Incarceration works against an individual at a number of levels. A judge — or even one's friends and family — may regard an incarcerated individual with suspicion and prejudge the case. Dr. Botting can help make certain that your bail application is made properly. He also counsels family members and sureties on how to help you make bail.

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Contact a Criminal Defence Lawyer to Secure Bail

Each step of the extradition process is critical, and retaining representation as early as possible is the best decision that one can make. When working with Gary Botting, you can expect a straightforward analysis of the situation and knowledgeable legal advice. Protecting your interests and rights is always his top priority.