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Criminal Defense Law
Bail Frequent Asked Questions


What is Bail?
Bail is a way for individuals who have been charged and arrested to be released from police custody until their trial. If you are arrested and detained at the police station, you have the right to a bail hearing before a judge within 24 hours, or as soon as possible.

What is a Bail Bond?
A bail bond is a written guarantee that a defendant will attend all further Court proceedings. Bail is set by a court to make sure that a defendant will appear and also to offer the community protection if the defendant is considered dangerous. The more likely it is that a person is dangerous or will not appear in Court when required, the higher the bail will be.

What is a Bail Hearing?
whether you are a danger to the public, how serious the offence is, whether you have a criminal record or outstanding charges, whether you have ever missed a trial in the past, and whether you have a job, a business or a family in the area. It is always helpful to have a credible friend or family member at a bail hearing to vouch for you if possible and you should always be represented by an attorney at a bail hearing.

What happened if I am held in custody or released on bail?
whether you are a danger to the public, how serious the offence is, whether you have a criminal record or outstanding charges, whether you have ever missed a trial in the past, and whether you have a job, a business or a family in the area. It is always helpful to have a credible friend or family member at a bail hearing to vouch for you if possible and you should always be represented by an attorney at a bail hearing.

Can you appeal a denial of bail?
If you are not allowed out on bail, you can ask for a review of the judge's decision. A judge in the District Court of Appeal will then review your case. If the judge refuses to release you, you must wait 30 days before applying for another review.

Bail hearings are very important to anyone who is in custody after being arrested. You should always be represented by a lawyer at a bail hearing.

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