Tuesday, May 22, 2018

The Bail Hearing Process in Canada

Dealing with an arrest related to a criminal offence is not just scary, but is emotionally draining and very stressful as well. You’re not sure if a criminal charge will be your future, whether you’ll be simply released, or if you’ll be held for a bail hearing.

A bail hearing is part of your rights in Canada, as it is stated in the Canadian Charter of Rights and Freedoms under Section 11(e) that detained individuals in Canada have a right to reasonable jail except in instances when they should remain in custody.

From Arrest to Bail

After an arrest, the accused person is transported to a police detachment for interview and questioning. The police is required by law to inform the accused of his right to remain silent as well as his right to a defence lawyer. The police will also inform him that if he does not have a lawyer, access to one will be provided to him. Once the accused has had a chance to talk to his lawyer, the police can then proceed with the interview.

After the above is completed, the police can either release the accused or keep him in custody for a formal bail hearing. A Justice of the Peace at the bail hearing shall determine whether the accused will be held further or released on bail based on the severity of the crime or crimes committed and other details.

Prompt Action Is A Must!

There are a lot of technicalities involved in this that can be best explained by an experienced criminal lawyer. You will want to ask about what is a surety, what are typical bail conditions, and ensure that you talk about bail variations.

Need a criminal lawyer’s help for someone who’ve been arrested and charged with a criminal offence? Contact Calvin Barry Law today! Calvin Barry is a Toronto Criminal Lawyer with decades of experience defending accused individuals and helping them get bailed.