According to Canadian Criminal Law, Bail refers to the temporary release of a person who is charged with a criminal offense. The release is given to a person charged with the offense before he/she is tried in court and is given a sentence.
Whenever a person is charged with a criminal offense in Canada, he/she can either be released or held depending on the gravity of the charges. However, under the constitution a person has the right to reasonable bail.
Although many people are aware of the concept of this release, they still do not understand the conditions attached to the process. Having even a rudimentary understanding of the bail process will help you a lot if you or one of your family members are stuck in a situation where you need a bail.
Keeping this in mind, as one of the best criminal defense lawyers in Edmonton, we have decided to write this blog to provide awareness on the matter.
Before we move on to explaining how much money you will have to spend and whether you will get it back or not, let’s take a look at the limitations or restrictions attached to the process.
Note that, at times, when an individual is arrested for a criminal offense, he/she is released by the police at the scene of the alleged crime or the police station. In this blog post, we are not talking about this type of release, rather we are talking about situations where an accused is arrested and brought to court for a bail hearing.
One of the top limitations of a bail is presenting a surety. You can consider it as a civilian jailer. A surety is provided by a person who pledges an amount of money in exchange for the accused’s release on bail.
The person is responsible for supervising the accused while on bail. In case the individual fails to prevent the accused from getting into more trouble, he/she loses the amount.
Other conditions of bail include:
- Don’t contact the victim
- Don’t lurk around the victim’s home, office, school or university
- Don’t carry any weapons
How Much Money Has To Be Paid?
This is a common question that many individuals ask. All-in-all, the amount of money that has to be paid will depend on the nature of crime. The amount can go up to $10,000. However, this amount is usually divided between the number of sureties.
If one person is going to be the surety, then he/she will have to pay the whole amount. On the other hand, if there are two sureties, the amount is divided between them.
Note that a surety can only be someone who is of legal age and can show that he/she has the assets. The availability of assets has to be proven with documentation.
In addition to this, the surety should have no criminal record in the past and should be able to prove his/her availability to supervise the accused. Moreover sureties should be prepared to testify at the bail hearing. If you are unsure about the process, it is better to hire a criminal defense lawyer.
Do You Get Your Bail Money Back?
Yes, the Surety will get his/her money back as soon as the case is resolved. Even if the accused is found guilty of the crime, the money is returned, provided the terms of the bail have not been breached.
In the event that the surety and the accused have not complied with the terms of the bail, a fraction or the whole amount of the money will be lost.
About Slaferek Law
Slaferek lawyers are highly proficient at strategizing effective defense strategies that can lead to case dismissal, reduced charges, reduced penalties, and more. To get in touch with us today, click here. Our expertise lies in criminal cases and DUI cases.
If you are scrambling with charges or are looking for a good criminal defense lawyer to fight your case, our team of trained lawyers can help you build a strong case. We have successfully closed hundreds of cases pertaining to murder, DUI, financial fraud and more.