3. Think about your bail plan
Question & AnswerWhat if the police arrest me and don’t let me leave?
If you're being held in for a , start thinking about your plan. This includes phone numbers or contact information that you may want a lawyer to call for you. You will not have access to your cell phone while in custody.
Your lawyer or will help you prepare your bail plan at the courthouse on the day of your bail .
Once the police bring you to court, the Crown is in of your case. The police can no longer drop your charges or let you out of custody. Similarly, the alleged victim cannot “drop the charges” against you.
The Crown are lawyers who work for the government. You will not have a chance to speak to the Crown in bail court. Your lawyer or duty counsel will help you present your bail plan to the judge or justice of the peace.
At your bail hearing, the Crown may or may not agree to your release.
Reasons to keep you in custody
The Crown 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 , the public might feel that the justice system is not working if you are let out of custody
Think about the Crown’s concerns
At the bail hearing, the Crown must show why you shouldn't be released from custody on the least strict type of release: an without conditions. An undertaking without conditions lets you be released from custody as long as you promise to go to court when required.
At the beginning of your bail hearing, the Crown will explain their concerns about releasing you (if any) and outline the reasons why you are in custody.
Your bail plan should explain why it is safe to release you into the community while you wait for the outcome of your case. Even if you are released with conditions, your bail plan should allow you to return to normal life as much as possible.
Your bail plan should explain:
- where you will be living
- how you will be supervised in the community
- who is available to help supervise you
- what release conditions would be reasonable and necessary
- information about your job or any courses you're taking
- how you will address any drug use, or alcohol issues that were involved in the offence you've been charged with
- how you plan on keeping track of your court dates and getting to court
Think about who might be willing to supervise you during your release. When someone agrees to supervise you in this way, they are said to be acting as a for you. Your surety is required to “pledge “ a certain amount of money to the court. In most cases, this means your surety promises to pay the court money if you do not follow your bail conditions. This pledge is usually called the “quantum of the bail”, or the amount of the bail.
If you're released on bail, you will likely have to follow conditions given to you by the court. You will get a paper copy of all your conditions. This is usually called your “bail papers”.