What Happens In Court At A Bail Hearing

When you get to court, you will be held in the court cells until the court is ready to deal with your case.

While you’re sitting in the cells, several things happen. Your lawyer or, if you don’t have a lawyer, duty counsel will speak to you. Your lawyer will also speak with any sureties that you have at court and to the Crown Attorney. Your lawyer will attempt to convince the Crown to consent to your release and perhaps agree on certain conditions.

When the lawyer and the Crown are ready to deal with your case and the court is ready to deal with you, you’ll be brought into court. If the Crown is consenting to your release, the Crown will advise the Justice of a number of things. Firstly, the Crown will tell the Justice of the circumstances of the offense. The Crown will give the Justice some information about your personal circumstances, such as where you live or if you have a job, and will outline the circumstances of the surety. The Crown will tell the Justice of the proposed form of release and the conditions that are proposed. If the Justice approves, the order for release will be made and you and your surety will sign the recognizance in front of the Justice of the Peace and then you’ll be released from custody under the supervision of your surety.

There are some people who are just not able to get a surety, which means there is no one they know who is willing to take on the supervisory responsibility or the financial responsibility. The Bail Program has been developed to assist specifically people in custody who are eligible for release, but don’t have a surety to supervise them. In certain circumstances, the Bail Program will be willing to stand in as the surety. This is really a last chance for some people who don’t have sufficient roots in the community. In appropriate cases, your lawyer or duty counsel will speak with the Bail Program representative and ask them to talk to you. The representative will assess the circumstances to see if the program can assist you to find a residence, if necessary, and can supervise you.

If you, or someone you care about, is dealing with criminal law issues in the Newmarket, Ontario Region, contact Hobson & Reeve Barrsiters for a consultation.

This article is taken from an April 12, 2010 interview with Dennis Reeve, Criminal Lawyer with Hobson & Reeve Barristers, an Newmarket, Ontario Criminal Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.