If an accused is not released by the police, he or she must be brought before a provincial court judge or a justice of the peace without unreasonable delay and in any event within 24 hours of the arrest, unless justice is not available in that amount of time in which case the accused must be brought before a justice as soon as possible.
If the offence is the one found in section 469 of the Criminal Code of Canada (murder, treason, etc.), the accused is automatically detained so that he or she can be dealt with as described below. Otherwise, the judge or justice of the peace can hear the bail hearing.
The hearing may be adjourned by the defence, the prosecutor, or the court. However, if the defence does not consent to the adjournment, the bail hearing can only be adjourned for up to 3 days. If the bail hearing is adjourned, the court may order the accused not to communicate with certain individuals while he or she is detained. Want us to represent you for bail hearings? Goldglass Law in York Region is here to help!
In Canadian legal terminology, bail refers to ‘judicial interim release.’ If you have been detained, you have the right to get bail. Because the law believes that until proven guilty, you are accused of a crime. Depending upon the type of crime, the situation and other factors, the justice will release the accused from jail with restrictive conditions. A surety (money deposit and guarantee to stay within the national boundaries) is required to obtain bail.
We aim to protect our client’s interests and rights. More reasons to choose us include:
We represent you in emergency bail hearings, including attendances at bail court on weekends
We aim to limit the restrictive bail provisions imposed upon release from custody
We speak with the police and negotiate your release from custody without the need for a bail hearing
We ensure that your bail hearing begins soon and that you are not detained longer than necessary
We negotiate with the police and Crown attorney to try to get reasonable conditions for your release, including house arrest, curfew, or impractical reporting conditions
We ensure that the proposed sureties are applicable and will help prepare the accused for the types of questions that are likely to be asked at the hearing. This could make the difference between your detention and your release
If required, we can get the witnesses to attend court as evidence at the bail hearing. This can make your release from custody more likely