Practical tips for bailing someone out of jail after they arrested:

When police arrest someone for a criminal offence, the police may decide to hold the person in custody and bring them before a court to decide whether or not they should be released into the community. This process is called a bail hearing. The law requires that police bring a person before the Court within 24 hours. Once they are before the Court, a bail hearing may commence right away, or it may be adjourned up to three days if so requested and appropriate. No bail hearing may be adjourned more than three days without the consent of the accused person.

Since bail hearings take place right away, the person who wishes to bail them out (the “surety”) must act quickly to ensure that everything is in place by the the time accused gets brought before the court. With the assistance of a retained lawyer or duty counsel, a surety is advised of their roles and responsibilities. They are also advised of the minimum requirements a surety must have.

What does a surety need to know and do before bailing someone out of jail?

More specifically, a surety should:

  1. Not have a criminal record;
  2. Be over the age of 21;
  3. Have an ability to supervise the accused properly;
  4. Be willing to promise an amount of money that they could lose if the accused breached his bail;
  5. Have the capacity to understand and enforce the conditions the Court;
  6. Attend court on the day of the bail hearing in a punctual manner.

One of the most important aspects of a bail hearing is being properly prepared which includes, but not limited to: a well thought out supervision plan, an informed and knowledgeable lawyer, a reasonable amount of money or assets that can be pledged as collateral for an accused’s release, and a serious and respectful attitude towards the proceedings.

Bail is an extremely important part of the proceedings and must be treated with as much seriousness as the trial itself. If a person is not granted bail, they may have to wait many months until trial before being released or at a minimum several days or weeks before the detention order is appealed. Having the assistance of a lawyer will greatly increase the chances of a person being released and into the care of the proposed surety(s).

Call (416) 220-0413 for more information on bail hearings and how to properly approach the release of an accused.