When someone is arrested and charged with a criminal offence , they may be released if they sign a form saying they promise to attend court on the date given to them by the police.
If the police do not release them, the person who has been charged (who is called the accused) will be taken to court where a decision to release them or not will be made. In some cases, a bail hearing, which is like a short trial, is held and a judge or a justice of the peace decides whether the accused will get out on bail.
What happens at a bail hearing?
First ,the Crown presents the allegations to the court. Most of the time, the Crown will do this by reading out the allegations found in the police synopsis. In some cases, the Crown will present the allegations by calling a witness (or witnesses) to testify in court. This witness will usually be the police officer in charge of the investigation.
After the allegations have been presented by the Crown, the accused’s lawyer or duty counsel has a chance to present evidence. In most cases, the accused’s lawyer or duty counsel does this by having the accused or a potential surety (or both) testify. In some cases, there will be more than one potential surety called as a witness. The accused’s lawyer or duty counsel will try to convince the court that, if released on bail, the accused will obey their bail conditions, either on their own or with the assistance of a surety (or sureties) to supervise them.
When both sides are finished giving their evidence, they make arguments to the judge or justice of the peace. The judge or justice of the peace then decides to either release the accused on bail or keep them in jail while they wait for their trial or some other result (such as a guilty plea or a withdrawal of their charges).
Why would the police decide to bring someone to bail court?
The police look at different factors in deciding whether to release an accused or bring them to bail court. For example, they might look at whether the accused has a criminal record, how serious the charges are, if the accused is already facing other charges at the time of their arrest, or whether there are reasons to believe the accused won’t show up for their court date. The police will consider these things when deciding whether to release the accused or take them to bail court. If the police decide to take the accused to bail court, this is usually called “holding them for bail” or “holding them for show cause.”
Does the accused always have to prove to the court why they should get out on bail?
No. In some cases, the Crown will have to show why the accused should not be released on bail. It depends on what the accused is charged with, and other factors, such as whether they were out on bail for other charges at the time of their arrest.
What Are The Possible Outcomes Of The Court’s Decision?
The court may approve the bail request with specific conditions that must be met for the defendant to remain out of custody. These conditions are often regarding employment requirements, travel limitations, drug and alcohol testing, psychiatric treatment or periodic meetings with an officer to check-in. The judge may also deny bail based on the evidence presented or lack thereof. In this case, the defendant and his or her attorney may appeal the decision in a higher court
Bail hearings are a fairly straightforward process and receiving a favorable ruling depends a great deal on the degree of preparation, the defendant’s history with the court, and the success of the defense lawyer.
Find a Trusted Bail Agent
If you need to hire a bail agent, you can search throughout the United States for a pre-screened bail agent with About Bail’s trusted network.