After a person has been arrested and charged with a criminal offence the police may release that person from the scene or the police station. However, depending on the nature of the allegations and the accused person’s criminal record, the police may hold the person for a bail hearing.
What is a Bail Hearing?
When an individual is arrested, they are generally released by the police back into the community as their case works its way through the court system. The law, however, recognizes that the safety of the public, and the proper functioning of the justice system may require an accused to remain in custody until their day in Court.
If the police do not release an individual after their arrest, an accused individual has the right to be brought to Court for a bail hearing. At a bail hearing, the accused person will have the opportunity to argue their case for release.
What Happens at Bail Hearings?
A Judge or Justice of the Peace have two options at a bail hearing. The accused can either be:
- Released on bail (subject to certain binding conditions) until their case is heard in Court or;
- Detained in custody pending the completion of their case.
Most bail hearings include the Crown informing the Court of the allegations made by the police. Hearings can include an accused person, or an accused person’s potential sureties, giving evidence on the witness stand to assist the Court in making a decision.
In Canada, there is a constitutional right for every person to be released on bail pending trial unless there is just cause to hold them in custody.
The instances where an individual will be held without bail are narrow and pre-trial detention is unusual. However, if a Court finds an individual is a threat to the public, a flight risk or detention is necessary to maintain confidence in the administration of justice, an accused person may be held in custody.
WHY HIRE A BAIL LAWYER IN HAMILTON?
You need an experienced bail lawyer to help navigate your family and proposed sureties through the bail hearing process. An experienced bail lawyer will help your family prepare an adequate supervision plan and will assist your proposed sureties in their preparation to testify.
An experienced bail hearing lawyer is able to negotiate terms of release that will allow you to remain out of jail while waiting for trial.