WHAT IS BAIL A SIMPLE GUIDE TO GETTING RELEASED AFTER ARREST
Criminal Defence
16 May
What does Bail mean? In simple terms, Bail lets someone who has been arrested get out of jail while they wait for their trial. If you are picked up and held at the police station, you should see a judge for a bail hearing within 24 hours or as soon as they can set one up. During your release hearing, the court will review multiple aspects to determine if you can be let out of custody. (Having a trustworthy relative or friend present to speak on your behalf can greatly strengthen your case for release) These include: If you have prior convictions or unresolved legal matter Whether you have ever failed to appear in court before If you maintain employment, own a business, or have close ties to the community. Whether you pose any risk to others The level of severity of the alleged crime Detained (held in custody) OR Granted Bail: If the court chooses to keep you confined, you will remain in a nearby correctional facility until your court date. If you are permitted to go free, you might need to submit a financial guarantee to the court. Surety/Guarantee: A surety supervises the individual released on bail and is accountable for making sure they follow all terms set by the court. The surety is also responsible for ensuring the person attends all scheduled court appearances during the legal proceedings. Surety usually does not need to pay money to the court. A judge can sometimes require a cash deposit in two situations under the Criminal Code: The judge may ask for money to be paid up front, even if the accused has agreed to pay a certain amount later if they break bail conditions. A cash deposit is needed if the accused doesn't normally live in the same province where they were charged, or if they live more than 200 kilometers from the jail where they are being held. When deciding if someone should be granted bail, the court considers how serious and how recent their prior convictions are. In many situations, if the individual has a minor or dated criminal history, bail is usually approved. Challenging a Bail Decision: If your request for bail is denied, you have the option to seek a reassessment of that ruling. A justice from the Superior Court will examine your situation. Should that judge also decline your release, you must wait 30 days before submitting another appeal. If you are facing criminal allegations, securing skilled legal representation immediately is Critical. Also, Bail proceedings are crucial for individuals held after an arrest. It is strongly advised that you have legal counsel present during this process. RRM Law provides skilled legal representation for individuals facing criminal charges, ensuring your rights are protected throughout the legal process. From securing bail to building a strong defence, the experienced team guides you every step of the way — Call (905) 798-3776 for help.