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.
