Bond fraud trial turns testy when defense takes on victim

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A person who’s arrested and thrown in jail generally has the right release on bail. Usually, bailing out involves paying the bail amount (or contracting with a bail bondsman to post bail) or putting up real property as collateral.

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The State could request a continuance of the trial if a witness fails to appear in court. However, the Court will only grant the request if the State served the witness with a subpoena. Consequences for a Witness Who Fails to Appear. On the other hand, if a witness fails to appear in court there could be implications for the witness.

Going to court as a witness or victim in a criminal matter. A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to answer questions about a case.

Information gathered at the preliminary hearing will also help the defense if the case is one of the few that do go to trial. Whether or not the defense presents its own witnesses, the defense will usually vigorously cross-examine prosecution witnesses in the preliminary hearing.

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Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides).

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An example of a common motion is a motion for bond reduction. In this example, the defense is asking the Court to lower a bond amount. If the motion is granted, the bond will be reduced. Another example is a motion for discovery. Here, the defense is asking the court to order the prosecutor to turn over discovery materials.