If someone you know has been arrested and they are not released by police, then they will appear before a judge or a justice of the peace for a bail hearing. However, bailing someone out after an arrest isn’t as easy as just paying a sum of money at the police station. Your best option to assist someone close to you who is facing a bail hearing is to act as their surety.
A surety makes a promise to the court that they will be responsible for supervising an accused. If you want to bail someone out after an arrest, the best thing you can do is contact an experienced criminal defence lawyer. They will be able to assist you in preparing a release plan and understand your role as a surety.
What Happens When Someone Is Arrested?
When an individual is arrested in Canada the police have the option to release them at the scene, release them from the station, or not release them at all. If the police choose the third option then a bail hearing, also known as a “show cause hearing”, will occur as soon as possible. Most people who are arrested will be released pending the outcome of their case. The police are able to release an accused on a “promise to appear” that may or may not have conditions. These conditions can include such things as not contacting a specific person or staying away from a particular place. The decision to not release someone is influenced by many factors including the severity of the charges and the likelihood of an accused appearing at future court appearances.
A person accused of committing a criminal offence has the right to retain and instruct legal counsel without delay. They should ask to speak with a criminal defence lawyer as soon as possible. A qualified criminal defence lawyer will be able to prepare an accused and proposed sureties for a bail hearing.
What Is Bail Hearing?
If an individual is not released by police, they will be held for a bail hearing. The hearing is kind of like a mini-trial where the court will determine if an accused should be released pending the outcome of their case. Everyone has a right not to be denied bail without just cause. This is a right that can be found in the Canadian Charter of Rights and Freedoms.
Bail is not a guarantee, but you can only be denied bail if there is a good reason to believe that there is a risk posed by granting a release. The bail hearing not only determines whether someone will be released but also the condition that will be imposed if they are released.
What is a Surety?
If an accused is granted bail, they will be given a “release order.” The release order will contain the conditions by which an accused will have to abide while they are out on bail. A judge or justice may choose to release an accused on recognizance with a surety. A surety is someone who knows the accused and agrees to supervise them while they are out on bail. The surety is required to report an accused to the police if an accused violates any of their bail conditions.
In addition, a surety will pledge an amount of money that they will be required to pay if an accused breaches any of their bail conditions. A surety has to be approved by the court by testifying to their competency and financial stability. To be a surety, a person must:
- Know the accused
- Be over the age of 18
- Be a Canadian Citizen or a Land Immigrant
- Not have any involvement in the case
- Own property such as a home, care, financial investments, etc.
On What Grounds Can a Judge Deny Bail?
An accused may be denied bail in order to ensure their appearance in future court proceedings related to their case.
Detention may be necessary in order to protect the public. This is where there is a “substantial likelihood” the accused will commit a further offence.
Detention may be appropriate in order to maintain confidence in the administration of justice, having regard to all the circumstances.
Questions About Bailing Someone Out of Jail
How Much is Bail in Canada?
In Canada, bail does not cost anything. An individual isn’t required to pay in order to secure their bail. However, they or their surety may be asked to pledge a certain amount that will be paid if the accused breaches their bail conditions.
What Are the Conditions of Bail in Canada?
The conditions that a judge or justice will impose depend on the circumstances of each case. However, the ladder principle requires that an accused be released with the least restrictive conditions. Each added condition must be justified for the specific circumstances.
How Long Does the Bail Process Take?
Generally, the bail process occurs quickly the following arrest. After arrest, an individual should come before a judge or justice within 24 hours or as soon as one is available.
What to Do if You Can't Afford Bail
An accused is not required to pay any money in order to be released on bail. They, or a surety, may be asked to commit to paying an amount of money if the accused breaches their bail conditions.
Contact an Experienced Criminal Lawyer Today
In Canada, the bail process can be quick and confusing, and not being released on bail can have devastating impacts on the life of an accused. This is why it’s important to contact a defence lawyer as soon as possible if you or someone you love has been arrested. The defence team at Pyzer Criminal Lawyers is experienced in arguing bail matters. For a free case evaluation call 416-658-1818 or visit https://www.torontodefencelawyers.com/