Bail Information in Edmonton: Canada Bail Judicial Interim Release
Hi there! I’m Janan Jarrah, and I’m here with Peter Poon. We are two of the lawyers at eLaw Alliance in Edmonton. We’ve got another video for you today, covering the topic of bail information in Edmonton. We’ll answer some general questions, but please note that this video does not provide legal advice. For legal advice, feel free to contact Peter Poon or me, Janan Jarrah directly, and we’ll be more than happy to assist you.
What Happens After Arrest?
Peter Poon: Let’s say you’ve been arrested. What happens next?
Janan Jarrah: Well, usually, the police will take you into their cells, where they will process you, take your fingerprints, and identify you. They will inform you of the charges and read your Charter rights. Then, they have the discretion to release you in one of two forms:
Promise to Appear (PTA):
This document lays out your next court date and your promise to appear to deal with your charges.
Undertaking to a Police Officer with Conditions:
This is a form where you promise to follow certain conditions and appear on your next court date.
If the police decide not to release you, they will hold you for a bail hearing.
What is a Bail Hearing?
Janan Jarrah: Some more bail information in Edmonton is that a bail hearing, under the Criminal Code, is a court proceeding to decide whether you should be released after being charged and arrested. It’s also called a “judicial interim release hearing.” The Crown presents their case as to why you should or should not be released, and you get a chance to present your reasons for release.
Timeline for Bail Hearing
Peter Poon: How long can they keep me in jail before I get a bail hearing?
Janan Jarrah: Under the Criminal Code, the police have 24 hours to bring you before a Justice of the Peace, essentially a judge, for your bail hearing.
Peter Poon: What if I’m kept longer than 24 hours?
Janan Jarrah: There are case laws indicating that if you’re kept for an unreasonably long time, this can be considered in your sentencing or charges. The Crown’s office and police forces strive to ensure that bail hearings happen within this 24-hour window.
Considerations During a Bail Hearing
Peter Poon: What are some considerations taken into account during a bail hearing?
Janan Jarrah: The main considerations include the charges you’re facing, your criminal record, and the circumstances of the current charges. The Crown will discuss primary, secondary, and tertiary grounds, which are factors under the Criminal Code that justify keeping you in custody or not.
Peter Poon: Can you explain these grounds?
Janan Jarrah:
Primary Grounds: The likelihood that you’ll attend court as required. This might involve cash incentives or sureties to ensure your appearance.
Secondary Grounds: The likelihood that you might commit further offenses if released.
Tertiary Grounds: Considerations of public interest in keeping you in custody, although this is less commonly used.
Bail Information in Edmonton: Participants in a Bail Hearing
Peter Poon: Who’s usually present at a bail hearing?
Janan Jarrah: A Justice of the Peace usually presides over the hearing. The Crown Counsel presents evidence on behalf of the police. Duty counsel is available to assist those without their own lawyer, and your legal counsel can also participate, possibly by phone.
Burden of Proof in Bail Hearings
Peter Poon: Is the burden of proving guilt the same in a bail hearing as at trial?
Janan Jarrah: No, at a bail hearing, the standard is “balance of probabilities,” not “beyond a reasonable doubt” as in a trial. The presumption of innocence is a key principle, so the expectation is generally to release the accused unless there are compelling reasons not to, which is some lesser known bail information in Edmonton.
Types of Bail and Sureties
Peter Poon: What does it mean if someone is released on cash bail versus no cash bail?
Janan Jarrah:
No Cash Bail: You are released without paying money but may owe a specified amount if you breach conditions or fail to appear in court.
Cash Bail: You must pay a specified amount upfront to secure your release.
Peter Poon: What are sureties?
Janan Jarrah: Sureties can be property or a person who ensures you comply with bail conditions. Property sureties involve pledging assets, while personal sureties involve someone, like a family member, agreeing to oversee your compliance. Sureties must understand and consent to this responsibility.
Revocation of Bail
Peter Poon: Can bail be revoked?
Janan Jarrah: Yes, especially if you pick up new charges while on bail. The Crown can issue a “section 524 notice,” indicating their intent to revoke your bail. If successful, you’ll lose bail for your previous charge and may be held in custody.
Conditions of Bail
Peter Poon: What are some standard bail conditions?
Janan Jarrah: Standard conditions include keeping the peace, being of good behavior, and attending court. Other conditions, like no contact orders or restrictions on locations, depend on the specifics of your case, especially in domestic violence situations.
Post-Bail Procedure
Peter Poon: For some more Bail Information in Edmonton: what happens after being granted bail?
Janan Jarrah: After bail is granted, you’ll receive a court date for your charges and a document detailing your release conditions. It’s crucial to understand these conditions, as breaching them is a criminal offense.
Peter Poon: What if bail is denied?
Janan Jarrah: If denied, you can apply for a review at the Court of Queen’s Bench, either by showing an error was made or presenting new information. This process can take several weeks.
Conclusion
That was a lot of information about bail information in Edmonton. Thanks, Peter! Stay tuned for more videos and legal information. If you liked the video, please like and subscribe to our eLaw Alliance in Edmonton YouTube channel for more updates. For more information, you can also visit our website: www.elawalliance.com or call us for a free phone consultation: 780-665-4955. Thank you!