Bail Hearings
The bail hearing is arguably the most important step in the process of defending a criminal charge.
An accused charged with a criminal offence and held in custody will remain in jail until their trial date unless there is a bail hearing and bail is granted, or he or she pleads guilty to the offence.
Since many courts are overburdened with criminal trials and resources are limited, this could mean that an accused person could remain in jail for approximately eight to ten months for a before getting a trial date unless a bail hearing is held.
An accused may apply to be released from custody and have a bail hearing. An accused should consult a criminal lawyer to ensure the bail hearing is properly heard.
How to Bail somebody out of Jail
After an accused person is arrested and held in custody the police may notify friends or family of the accused prior to a bail hearing. The bail hearing should take place within twenty four hours of the accused being detained in custody.
If you wish to bail someone out of jail the courts will ask that you assume the role of a surety. The term surety is the term used in court to describe someone who bailed an accused person out of jail at the bail hearing.
To qualify as a surety for a bail hearing you must meet the following criteria
- you must be a Canadian citizen or a landed immigrant,
- you should not have a criminal record, and
- you cannot be a surety for more than one person at the same time
It would be preferable if the accused person can live with the surety if released from jail from the period of being released from jail up until his or her trial date.
The surety should come to the bail hearing heard at court prepared with proof of identification, and documents showing sufficient assets to sign the bail bond. Assets which qualify for the bail bond are:
- Canadian savings
- Chequing deposit account with a chartered bank
- GICs other investments and
- Real property (ownership of a home, apartment, condominium, cottage).
A line of credit or credit card or other assets such as a car do not qualify as proof of assets for the bail bond.
Once the bail hearing is heard and the Justice grants bail the accused person will be released from custody pending the trial.
Upon being released the accused may have certain conditions attached to the bail. Should th accused violate any of the conditions of the bail or commit a further crime the bail would be revoked and the accused returned to custody (jail).