Area of Law: Criminal Law
Answer Number: 749
Being released on bailRegion: Ontario Answer Number: 749
What is bail?
Bail is a way for individuals who have been charged and arrested to be released from police custody until their trial. If you are arrested and detained at the police station, you have the right to a bail hearing before a judge within 24 hours, or as soon as possible.
At your bail hearing, the judge will look at several factors to decide whether you should be released. For example, the judge will consider:
- whether you are a danger to the public,
- how serious the offence is,
- whether you have a criminal record or outstanding charges,
- whether you have ever missed a trial in the past, and
- whether you have a job, a business or a family in the area.
It is always helpful to have a credible friend or family member at a bail hearing to vouch for you if possible.
Being held in custody or released on bail
If the judge decides to hold you in custody, you will be held in a local detention centre until your trial. If the judge decides to release you, you may have to pay money into court as a deposit, a friend or family member may have to agree to supervise you, and there may be certain conditions attached to your release. For example, you may be released on the condition that you do not leave Ontario. When you are released, you will be given a piece of paper that tells you when and where to be in court to set your date for trial.
Appealing your bail hearing
If you are not allowed out on bail, you can ask for a review of the judge’s decision. A judge in the Superior Court of Justice will then review your case. If the judge refuses to release you, you must wait 30 days before applying for another review.
Bail hearings are very important to anyone who is in custody after being arrested. You should always be represented by a lawyer at a bail hearing.
If you have been charged with any criminal offence, contact Derstine Penman Criminal Lawyers.
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