3. Think about your plan of release

What if the police don't let me leave after they arrest me?
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3. Think about your plan of release

Think about the Crown's concerns

Once the police bring you to court, the Crown is in charge of your case. The police can no longer pull your charges or let you out of custody. You will not have a chance to speak to the Crown.

If you're being held in custody for a bail hearing, the Crown may not agree to your release. They may not agree to let you go if they are concerned that:

  • you may not go to court when required
  • you may commit more offences
  • because of the circumstances of your offence, people might feel that the justice system is not working if you are let out of custody

Explain why they should let you out of custody

If the Crown will not agree to your release, prepare a plan of release. Your lawyer, if you have one, or duty counsel will help you.

At the beginning of your bail hearing the Crown will explain their concerns about releasing you. Your plan of release should respond to the Crown’s concerns. It should explain why it is safe to release you while your criminal charges are in the court. Your plan of release should include conditions that allow you to return to normal life as much as possible.

Think about who might be willing to supervise you during your release. When someone agrees to supervise you in this way, they are acting as a surety for you.

Your plan of release should explain:

  • how you will be supervised in the community
  • who is available to help supervise you
  • your opportunities for employment or education while you wait for the outcome
  • how you will address any anger, drug use, or alcohol issues you may have

During your bail hearing, your lawyer or duty counsel will present your plan of release to the court.

You May Also Need

Legal Aid Ontario
Law Society Referral Service
Reviewed: December 31, 2016

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