Have you or any of your friends and family ever got arrested? If yes, then you must have heard the term bail and how it works. It is also important for the people who never faced any problems with law enforcement to know what bail is and how it works.
In the following section of this article, Toronto Criminal Defense Lawyers have tried their best to explain bail and how you can get benefited from it if you ever get arrested in Ontario. Check it out to know about your rights.
What Is a Bail? A bail is a written permission from the judge of a court, which allows a person with a criminal offence to stay out of jail while waiting for their trials.
What Happens During The Bail Hearings?
In the bail hearing, the crown presents the allegations against the person to the court. Most of the time, the crown presents the allegations that are found in the police synopsis. However, in other cases, the crown can call in a witness for testifying against the arrested person in the court. More often than not, the police officer in charge of the investigation plays the role of witness.
Once that is over, the accused’s lawyers will get a chance to present the evidence for him or her. The lawyer often calls in the accused and a potential surety to testify in the court. Depending on the weight of the case, the accused’s lawyer can bring more than one potential surety as witnesses.
Through this procedure, the lawyer of the accused would try to convince the judge that the accused will obey all the bail conditions if he or she is awarded one. Toronto Criminal Defense Lawyers also point out that the lawyers would try to show that the sureties would supervise the behavior of the accused during the bail period.
Once both sides are finished, they will present arguments to the judge. After that, the judge will decide whether or not to award the bail to the accused.
Why Would Police Bring The Arrested Person to Bail Court
The police consider different factors before bringing a person in front of the court for a bail hearing. The police generally check the criminal records of the accused, whether he or she is already facing different other charges, or if there’s a chance that the accused would not be returning to the court for the next hearing etc. If the police decide to bring the accused for a bail hearing, then they would hold them for bail.
Does The Accused Have To Prove Why They Should Get The Bail?
No. In some of the cases, it is the crown who have to prove why they should keep the accused in jail. The factor mainly depends on the type of charge and the criminal history of the accused.
As you can easily gather from the above points, getting a bail is not necessarily an easy job. To be on the safe side, you should get in touch with Toronto Criminal Defense Lawyers the moment you get arrested.