Thursday, 29 April 2021

How Does the Bail Process Work in Toronto?

 After being arrested and charged with a criminal offence in Toronto or the GTA, your constitutional rights afford you the right to reasonable bail. Getting “bail” means getting a conditional release while you await the disposition of your charges – instead of being held in custody pending the outcome of your charges, you are released with certain conditions that can allow you to continue to work, take care of family obligations, meet with your Toronto criminal defence lawyer, and have access to resources required to prepare your defence.

Depending on the criminal offence, you may be released by the police on an Undertaking to a Peace Officer. For less serious offences, like impaired driving, for example, this is often the way an individual is released. After being “processed” at the police station, a police officer is empowered to release you on this Undertaking to a Peace Officer without the necessity of attending at Court for a bail hearing. The police will determine the conditions of the release and if you agree to be bound by those conditions, you are released from the station and given a date at which to attend court.

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