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How the Bail Process Works

Hamilton Bail Lawyer Sandee Smordin

Upon arrest the police have the option of releasing you from the police station with certain conditions and a court date. If you are charged with serious crimes and / or have a criminal record, it is more than likely that you will be brought to court and a bail hearing will be necessary. Upon arrest you will be provided an opportunity to speak with us and provide us with contact information for your family and surety.

Within the first 24 hours after arrest, you will be brought to court and have to appear before a Justice of the Peace. This is your Charter Right. We will meet with you at court before you make your court appearance. We will have contacted your surety and your family and arrange for them to be at court. The lawyers at Smordin Law will meet with the Crown in advance of your appearance. We aim to negotiate a bail release and review the preliminary allegations against you. At your court appearance we will appear with you. We will advocate on your behalf.

If the Crown is willing to agree or consent to your release, we will run your hearing. At your hearing, the Crown reads out the allegations to the Justice of the Peace. This process can be frustrating as it is a one sided story. This is not the time to present your defense to the Crown or the court. You are presumed innocent. Following the reading of the allegations, we will present your surety to the court. Your surety or bail supervisor will testify under oath. At Smordin Law we ensure that your surety is fully prepared and educated before they take the stand.

Following the questions from your lawyer and the Crown attorney, the Justice upon approval of your surety will release you on bail terms. We will explain all terms to you and your surety.

If the Crown is not in agreement that you should be released, you will require a contested bail hearing. Once again, the Crown will provide the allegations to the Court. Once again your surety will testify and be subject to questions from your lawyer and the Crown attorney. However, during this type of hearing you will need a lawyer to convince the Justice to order you released. The Crown will argue that you should remain in jail until your matter is completed. This could keep you in jail for weeks, months or years. We will argue that you should be released and that your detention is not necessary while you are presumed innocent.