If you have been arrested for an alleged criminal offence, you are probably wondering what comes next and how you should prepare. In this article, we will explain the process following arrest and the role of a criminal lawyer in Mississauga in securing your pre-trial release.
Will I Be Taken into Custody Pending a Bail Hearing?
Not necessarily. In some cases, the police will release you from the police station or the scene of the alleged offence. If this happens, you will receive one or more of these documents, which a criminal lawyer in Mississauga can explain to you further:
- An appearance notice, which tells you the crime you are alleged to have committed, when to appear in court, the address of the court you need to go to, and information about fingerprinting. An appearance notice is normally given at the scene of the arrest.
- A promise to appear, which is similar to an appearance notice but is issued at the police station once you have been formally charged.
- A police undertaking, which specifies the conditions you have to follow once you are released. For example, you might be instructed to avoid drugs or alcohol or not to go to certain locations or communicate with specific people.
Regardless of the instructions you receive upon arrest, it is vital that you contact a criminal lawyer in Mississauga to help you navigate the process and ensure that your rights are protected.
Can a Criminal Lawyer in Mississauga Negotiate Bail?
Yes, a criminal lawyer in Mississauga or elsewhere can negotiate conditions for your release on bail with the Crown prosecutor for your case. If they both agree, you will appear before a judge or justice of the peace, who will confirm the agreement and set your next court date. However, if the Crown attorney and the criminal lawyer for your Mississauga case cannot agree on your release, a bail hearing will take place.
What Happens at a Bail Hearing?
A bail hearing must take place within 24 hours of your arrest or as soon as possible after your arrest if there is no judge or justice of the peace available within that period of time. During your bail hearing,
the Crown attorney must present arguments to the court about why you should be kept in custody until your trial.
The judge or justice of the peace at your bail hearing will take many factors into account, including whether you are a flight risk, a risk to public safety, the seriousness of the crime, the safety of the victims, your criminal record, and a host of other factors. The criminal lawyer for your Mississauga case will argue to the contrary, providing evidence that it is safe to release you on bail.
What Are Some Common Conditions for Pre-Trial Release?
When you are granted pre-trial release with the help of your criminal lawyer in Mississauga, there could be conditions placed on you. The conditions themselves depend on the circumstances of your case, the severity of the offence, and elements of your background. Here are some typical conditions that a court might impose:
- Regularly reporting to a designated police station or an authority supervising your bail.
- Residing at a specific address to ensure that the police and the court know where you are during the pre-trial period.
- Avoiding contact with certain individuals, such as victims or witnesses.
- Surrendering your passport.
- Sticking to a curfew.
- Abstaining from drug or alcohol use.
- Maintaining a job or staying in school.
- Providing a monetary deposit or a surety.
Working with your criminal lawyer on these Mississauga bail conditions will help ensure the best outcome for your case. If you stick to your conditions closely, your lawyer will have more to work with if your case goes to trial.
What is a Surety?
The court may ask you to provide a surety as a condition of your pre-trial release. A surety is a person who is approved by the court, and who is charged with the responsibility of making sure that you do not violate your bail conditions. For example, they may be required to make sure that you are home before your curfew, that you do not leave a specified geographical area, and that you do not acquire a weapon. A surety may have to pay a specified amount of money if you violate your bail conditions.
How Should I Prepare for My Bail Hearing?
Preparing for your bail hearing is crucial to getting a pre-trial release with favourable conditions, and it can also help with your case going forward. Here are some key steps to follow:
- Hire a criminal lawyer with a Mississauga or GTA office if you have not done so already. They can provide you with the guidance and representation you will need at your bail hearing and later on.
- Collect any documentation that could support your case for bail. Your criminal lawyer in Mississauga can give you a list, which should include proof of employment, evidence of ties to the community, financial records, and anything else that shows that you will appear at court as scheduled.
- Work with your lawyer to develop a plan for your release that addresses any concerns the court may have about granting bail. For example, you might make arrangements to live with a responsible adult while you are out on bail.
- Prepare for the questions the court might ask you. A criminal lawyer from Mississauga or elsewhere in the GTA can tell you what questions to anticipate and help you prepare your responses.
- Dress and behave appropriately for a court appearance. Carry yourself with humility and respect. Your lawyer can give you tips on this.
About Aswani Datt: Your Criminal Lawyer in Mississauga
If you need a criminal lawyer to help you with your bail hearing or pre-trial release, contact Aswani Datt. Mr. Datt and his staff will review the allegations against you, help you understand how the charges could affect your release, and assist you in preparing for your bail hearing. Aswani Datt and his team are highly experienced with the criminal justice system and the people who work in it. They will guide you through the process of your bail hearing and beyond. Contact Aswani Datt by phone at 905-755-0104 (toll-free at 1-844-DATTLAW (1-844-328-8529). Our offices are conveniently located at 7111 Syntex Drive, Unit 130, in Mississauga, just north of Highway 401. Get in touch with us today, and let us defend you!
