COVID-19 facilitates accused’s release on bail

Those accused of crimes are now more likely to get bail because of COVID-19 concerns, according to legal experts. 

According to the Windsor Police Service website, on Wednesday Sept. 23, 2020, patrol officers responded to a report of a fight in the area of Seminole Street and Tourangeau Road. This resulted in the death of a Windsor man and the attacker was charged with second degree murder. 

Later, the accused was released on bail. 

In questioning whether the accused could be released on bail, experts say when it is a serious offence, bail can only be granted on strict conditions. However, the COVID-19 pandemic may be impacting bail decisions. 

George Kyriazakos, a criminal lawyer at GK Law Firm Professional Corporation, said releasing an accused who has been charged with a serious offence would be acceptable if there are strict constraints.  

“COVID in my opinion has resulted in more leniency for accused people. So, because of safety measures we do not want to be responsible, especially people who have severe conditions, you do not want to put them at risk by sending them to jail and they might contract COVID,” said Kyriazakos. 

Kyriazakos said when the judge decides to release the accused on bail, they will determine  the conditions. 

“The purpose of a bail hearing is to determine: a) Should the accused be released? b) If they get released what should the conditions be while the case is still going on?” said Kyriazakos. 

In Windsor, police officers say it is the court’s decision whether to release the accused.  

Steve Betteridge, a public information officer with the Windsor Police Service, said when they arrest someone for serious offences like homicide, they present their case, the issues and the facts they have. 

“What happens when anyone is arrested and the police wants to hold them in custody, the police will request that or at very least they will present their case to the courts,” said Betteridge. “Whether that person is released from custody or not, that is not a police decision…undertaking is a normal procedure we have for those who have low-level offences. We will never do it for somebody accused in such a serious offence.”  

Undertaking is a legal document that the accused signs instead of being held for a bail hearing. It contains conditions to comply with as part of a release from custody, according to Steps to Justice website.  

In deciding whether that the accused should be released on bail, legal experts still find COVID-19 constitutes an important factor. 

Vincenzo Piruzza, a licensed paralegal and Law School of Michigan graduate, said there are some factors in determining if the person should be released on bail. These include whether they will be a harm to the society, whether they have a criminal record or whether they are employed. From his experience, Piruzza said COVID-19 impacted some decisions for his clients. 

“I have a client right now who was involved in a serious highway traffic matter and involved in bodily harm and it could be jail-time but there is not,” said Piruzza. “COVID did a lot for people and you might say good and bad because people are being released…because of COVID.” 

According to the LawFacts website, if an accused is released on bail, the bail conditions are not just in place until they make their first appearance in court. In fact, the conditions are in place until the case comes to an end, either by a trial or by some other result.   

Betteridge said for this year, it is the third case of homicide charge in Windsor, which is an improvement compared to 2018 where there were 10 cases. It may not always result in bail, however some circumstances like COVID-19 may impact it.