The crown will present their case to the judge as to why not grant the accused bail and/or what conditions should be set for the release.
In criminal cases, the severity of the crime, as well as the criminal record of the accused (if they have one), will come into play.
For example, if you have been arrested for shoplifting and it is your first charge ever in your life, the bail the crown may seek will be extraordinarily light vs. a person who has been convicted of a set of charges for example robbery, assault, or attempted murder.
Your criminal defense lawyer is there to argue on your behalf that you should be granted bail and released. They will outline to the judge why you should not be held before or during your trial. Your attorney will need to prove to the courts that if you are released on bail, you will obey any strict conditions put on you during this time. They may call witnesses to testify on your behalf to vouch for your good character and speak about their knowledge of you and the good things you have done or are currently involved with.
Both the crown and the defense will give their final arguments to the judge after all evidence either for you or against you has been put to the court, the bail judge will then decide to either release the accused on a set bail amount or keep them in jail while they await their trial, which can take many months.
A surety is responsible for the accused if they have been released until their court date. They are held responsible for making sure the accused shows up for every court date and to make sure they also follow all set bail conditions while they are free. For example, a bail condition put on many people can be that they no longer can consume alcohol or have weapons. Other conditions may be not to have contact with certain people..Your surety will be held responsible by the courts if you break any of those conditions. In most cases, a surety would be a close family member.
In some cases, depositing money into the court may be necessary to be granted bail. This may happen if the accused is not a resident of the city or province that the crime took place in. The court wants to ensure that the accused returns to court for their court dates; therefore, they hold may hold the money as insurance. If the accused disappears and does not attend court hearings, the court will then keep the deposited cash and issue an arrest warrant for that person.
However, in most bail hearings, it is a common method for either the accused or their surety to promise an amount of money to the court without actually giving it to the court. This is called a “recognizance”.Now, if the accused breaks a bail condition or skips their court date, then they or their surety can owe the courts the promised money.
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