Whenever a criminal investigation is concluded, it is up to the involved officers to make an arrest based on a probable cause. The arrest is made if the office catches the offender red-handed or has probable cause. However, if there is no probable cause based on any recent occurrences, the officer will need an arrest warrant signed by a judge determining there is enough evidence to perform the arrest.
Depending on the situation in which the arrest is performed, the offender has the right to bail on account of depositing a certain amount of money.
However, the process of issuing an arrest warrant as well as getting a bail in Canada is quite complicated. Thus, as the best criminal lawyers in Edmonton, we have curated this blog to help you understand the process.
How Are Search Warrants Obtained?
Citizens of Canada have a right to privacy in their homes, which is why the police have to obtain a warrant if they want to enter and search the premises of their house.
To obtain the search warrant, the police or lawyers have to prepare certain documents to present them in front of the judge. In this document, reasonable grounds based on evidence are listed. The police and the lawyers have to show that there is evidence of crimes within the premises which makes it important for them to search the area.
However, it is important to note that search warrants are not fishing expeditions. The police have to prove and show evidence that provides reasonable grounds for them to suspect a crime.
In addition to this, search warrants are pretty narrow in scope. However, they do not restrict the authorities from searching beyond their limitations.
This being said, if the police arrive at your house and have the required warrant, you cannot deny them entry. However, they are obliged to show you a copy of the warrant, so, make sure you check the date and the address of the area that can be searched under the warrant.
In addition to this, there is a special type of warrant dubbed the “no-knock” warrant. In light of this warrant, the police can barge in at any time to execute the search.
Can You Apply For A Bail If You Are Arrested?
If the authorities have arrested you with or without a warrant, you have the right to a bail. However, the process in Canada is complicated as compared to other countries. Since Canadian Law leans towards letting the person charged with a crime not wait in prison until his or her case goes to court, in most cases, bailing a person out becomes complicated.
Only for the most serious crimes, the offender has to put up money as a guarantee that the individual charged will show up for the court case. There are usually less restrictive forms of release that are relied upon. The type of bail under discussion here is called judicial interim release in Canada.
As far as bail money is concerned, once the individual under question goes through court and the case is resolved, the money is returned.
However, if an individual has been arrested for a serious crime with profound evidence pointing that he/she is guilty, the court might decide to detain the individual and deny bail.
If you have been arrested for an offence and want to find out if you can get out on a bail, it is best to hire professional help.
About Slaferek Law
Slaferek law lawyers are highly proficient at strategizing effective defence 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 defence 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.