What is a bail phase?
Asked by: Dr. Coy Hamill | Last update: July 23, 2022Score: 4.9/5 (14 votes)
A bail hearing is when a judge decides whether you should either be kept in jail or allowed to go back to the community while your case is in criminal court. After a bail hearing, you may get bail, which is a court order that lets you stay in the community while your case is in the court system.
How long does it take to get a bail hearing in Ontario?
Rushing to hold a bail hearing 24 hours after your arrest, when all the elements of a good plan aren't yet in place, risks your being detained for month or years pending trial. Better to take a few days if needed to line thing up properly, including making sure that all your witnesses and documents are available.
What is bail and what is its purpose?
Bail is an amount of money ordered by the court to ensure that a defendant in a trial performs their duty. Usually, that duty is to appear in court. Bail is often used in criminal court cases, but it can also be used in civil court cases.
What happens at a bail hearing in Canada?
At court, they ask a judge or a justice of the peace to decide whether the police can continue to keep them in jail, or whether they must let them go. The person may be let go with "conditions" that they must follow. For example, the court might order them to stay away from their partner.
What happens after getting bail?
You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court. The complainant need not go to court. After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.
Why Bail Hearings Are So Important | Toronto Criminal Lawyer Explains
How long can you be held without charge in Canada?
503, when a police officer arrests an individual without a warrant, they have the discretion to hold the person for up to 24 hours until charges are laid and they must be prepared to show cause as to why the person should be kept in custody before a Judge of the Court or Justice of the Peace.
How long can you be on bail for without being charged?
Bail can be either unconditional or conditional, the latter being that certain restrictions and conditions are put on defendants such as not being able to contact a complainant or go to a certain location. The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.
Does bail get refunded?
If bail is not forfeited by the court, you will get a bail refund within 21 working days. The full amount pledged in cash or cash equivalents will be returned only after the accused's case concludes, or when the court grants you permission to be discharged as a bailor.
Do you get bail money back if guilty?
In the event the suspect fails to return to court, the bail will be forfeited. It will only be returned if the suspect was able to comply with the required appearances. Regardless of whether the person is found guilty or not guilty, the bail money will be returned at the end of the trial.
What does bail Phase mean Ontario?
A bail hearing is when a judge decides whether you should either be kept in jail or allowed to go back to the community while your case is in criminal court. After a bail hearing, you may get bail, which is a court order that lets you stay in the community while your case is in the court system.
What is the difference between bail hearing and bail phase?
While awaiting the bail hearing, the accused person stays in custody. What is being determined at the bail stage is whether conditions can be crafted to avoid the accused person: not showing up for court; not following their conditions; or.
What are the conditions for bail?
- Residence (living at a certain address.
- Doorstep condition.
- Curfew (having to be at the place they are living between certain times)
- Electronic monitoring (having to wear a tag – can only be imposed on those 12 or over for an imprisonable offence)
What's the difference between bail and bond?
Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant's behalf, usually by a bail bond company, to secure his or her release. Defendants with pending warrants are usually not eligible for bail.
How do I get around a cash only bond?
If a defendant needs to post a cash-only bond, there are a few ways to get this done. A family member can post it, the defendant can post it, or a third party can post it. There are some bail bond agencies that work with cash-only bonds. In some cases, it is preferred to work with a bail bond agency.
Do police check bail address?
If you give a friend or family member's address as your bail address, the police will usually contact them to make sure that they are happy for you to stay there. If you have been arrested for an indictable offence, Section 32 of PACE determines that the police have the right to enter and search your home.
Can a person on bail travel abroad?
Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.
What does bail mean in law?
Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.
Does bail mean you have been charged?
Bail from a police station
You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.
How do the police decide to charge?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.
Why would you be released on bail?
Bail is the temporary release of a person who is a suspect in an investigation into a crime (police bail), or an accused person awaiting trial (court bail). Bail can sometimes be granted on condition that a sum of money is presented to guarantee the person coming to court.
Can you tell a cop to f off in Canada?
You have a first amendment right to free speech and free expression. That means you can tell a cop exactly what's on your mind and, provided you do it in a civil manner and do not cause a public disturbance, it should be a protected form of expression.
Can police seize your cell phone in Canada?
Recently, the Supreme Court of Canada in R. v. Fearon solidified the law in Canada regarding police searching suspect's cell phones, without a warrant, when they are arrested.
Can you swear at police in Canada?
It is not illegal to swear at police. However, it is always better to try and remain as peaceful as possible during interactions with police. Tensions can quickly escalate and if your behaviour becomes extreme, an officer can use their discretion.
What are the types of bail?
Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.
What does bonded out mean in jail?
Defendants who immediately secure their release with money are bailed out. Defendants who secure their release with collateral (property or a promise to pay) are bonded out. If you need help with bail or a bond, talk to a criminal defense attorney in your area.