The Rights You Must Know Regarding Bail Hearings and Bail Appeals in Canada

Any decision that came from a bail appeal or a bail hearing will have a long-term impact on someone’s life. It is important to understand the process and to understand your rights so that you can be sure that the law is followed for your case.

What is Bail?

People who’ve been arrested may be detained by the police. Bail is what allows a charged individual to be released from jail while waiting for trial, possible withdrawal of charges, or admission of guilt. The Criminal Code of Canada allows the court to give bail based on specific criteria. Bail is essentially for you not to have to spend unnecessary time in jail and avoid physical and psychological distress.

Understanding Your Bail Rights

You have certain constitutional rights under the Canadian Charter of Rights and Freedoms. These rights are meant to protect you if you ever find yourself in police custody or if you’ve been suspected of committing a crime. These rights include:

  • The right to remain silent
  • The right to be informed why you’ve been arrested and detained
  • The right to have a lawyer, chosen by you or appointed by the court
  • The right to speak to your lawyer as soon as possible
  • The right to be told about the availability of legal aid

Once charged or arrested, you also have the right to have a trial within a reasonable time and presumed innocent until proven guilty.

The Bail Hearing

A bail hearing is the first step in a criminal proceeding, giving the accused one change to get bail. If bail is declined by the judge, there is a chance to appeal the decision. An appeal process is not only stressful but can also take a long time. A surety may or may improve the chances of getting bail depending on the charges and other factors.

Preparing for a bail review and a bail hearing is best done by an experienced criminal lawyerContact Calvin Barry if you’re trying to find a criminal defence lawyer in Toronto to get the best initial outcome for your bail hearing. Your best defence starts with being represented by a lawyer like Calvin Barry, someone who truly understands the law and is willing to fight for your rights.

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