Bail hearings can be a daunting process for individuals facing criminal charges in Vancouver. To mitigate the difficulties, you must understand how bail and bail hearings work and what to expect throughout the process.
With the help of a skilled criminal lawyer in Vancouver, you can navigate the process with confidence. Here’s what you need to know about bail and bail hearings.
What Is Bail or a Bail Hearing?
With the possibility of lengthy pre-trial proceedings, securing bail is crucial. Bail refers to when a person, who is charged with a crime, is released from custody while awaiting trial. The law of bail serves three purposes: ensuring those charged appear in court when required, maintaining public safety, and maintaining the public’s confidence in the justice system.
Bail Options in Vancouver
Understanding bail options is the first step in navigating the bail process in Vancouver. In Canada, bail options fall under two categories: release by the police and release by the court.
Release by the Police
In some cases, the police have the authority to release you without appearing in court. Under the release by police category, there are two options: notice to appear and undertaking.
Notice to Appear
A notice to appear is given to an individual who has not yet been charged. This notice outlines details of the offence and the time and place of their first court appearance. Failure to appear in court on the stipulated date would result in a warrant for their arrest.
Undertaking
An undertaking is a legally binding document between an individual accused of committing a crime and the state. In this document, the accused’s release is on the condition that they promise to appear in court to answer these charges.
Release by The Court
If you are not released by the police, the next option is to appear in court for a formal bail hearing. Under the release by court category, there are two options: release without conditions and recognizance.
Release Without Conditions
Where the prosecutor cannot show reasonable cause as to why you should be detained, the court may grant you interim release without any conditions attached.
Recognizance
Release by the court under specific conditions is known as recognizance. With recognizance, you receive a document which outlines the terms of your release.
The Bail Hearing Process in Vancouver
Understanding how bail works in Vancouver is essential for navigating charges under the Criminal Code. If you’re facing charges and hoping to receive bail, here’s what you can expect from the process:
Step 1: Initial Arrest
After arrest, if the police decide not to release you, you will remain in custody while you await a hearing before a Judge or a justice of the peace.
Step 2: Hearing Preparation
While waiting for a hearing, exercise your right to speak with a Vancouver criminal lawyer as soon as possible. They will assess the circumstances of your case to determine the best way to approach your bail hearing.
Step 3: Bail Hearing
Your hearing will likely take place in Provincial Court. However, depending on the circumstances, it may be in the BC Supreme Court. The prosecutor will present their case, outlining reasons you should not be released. Your criminal lawyer will then present their argument to refute these reasons and outline their proposed plan for bail.
Step 4: The Decision
The judge or justice of the peace then decides whether you should be released with bail conditions, released on recognizance, or remanded to custody until trial.
How Tom Doust Can Help with Your Bail Hearings
If you or your loved one are facing criminal charges in Vancouver, you don’t have to navigate the process alone. Tom Doust is here to protect your rights and fight for your freedom. With over 25 years of criminal law experience, Tom’s mission is to provide clients with the best service. He has a proven track record of getting his clients the best possible outcome for their case.
Don’t gamble with your freedom. Call the office of Tom Doust Criminal Lawyer at (604) 618-7994 or complete a contact form to schedule a consultation today!
