What is bail anyway? Bail is permission from the Crown to allow the accused charged with a crime to be let out of prison to wait for their trial or another aspect of the case, whether it is a guilty plea or a withdrawal of the charges. Sometimes bail might be tied to something financial and others just requires a surety.
Here are eight ways on how to bail someone out of jail:
1. Find Out Basic Information
Following an arrest of your friend, loved one, or family member, you may be contacted about detainment or possibly their release. In the event of being held by the local authorities, you might need to provide bail to get that individual out of prison. Or, if they appear before a judge, then the court might determine that this person can be out on bail for a certain amount of money.
That said, if you are ponying up the cash, then it is first important to find out all the basic information about the incident.
If you want to learn how to bail someone out of jail, here are a few things to remember:
- Was the person detained? If so, then he or she will need to be arraigned before a judge.
- Where is the person being held? If you live in a large city, then there could be various holding locations.
- What is the person’s booking status?
- Is bail necessary?
This is elementary information that needs to be learned before you can do anything else.
2. Meet the Criteria
When you are the surety – the person who provides the bail – then you need to first know if you meet the eligibility criteria. Unsure what they are?
Here are a few of them:
- No criminal record.
- Over the age of 21.
- Attend court on the day of the bail hearing in a punctual manner.
- You can supervise to the court’s satisfaction (see below).
Promise a set amount of money that could be lost if the defendant breaches bail.
Now you know if you can help someone on bail or not.
3. Know Your Responsibilities
There are plenty of responsibilities that a surety has, and that person will need to ensure that he or she can meet these obligations. Otherwise, the individual risks getting the accused in trouble or even themselves into a spat with the justice system.
Essentially, there are two major responsibilities:
- Ensure the defendant attends court every time they are required to.
- Guarantee that the accused follows the conditions of the bail.
There are other responsibilities to meet, but they are vary based on the court case.
4. Devise a Supervision Plan
It cannot be stated enough that the surety, the one who agrees to bail, will need to supervise the accused at all times. You are responsible for this person from the moment they are let out of jail to the time a final judgment is cast upon the accused.
Therefore, you will need to work with the court to come up with a supervision plan, one that is not only realistic but one that can also be implemented.
So, for instance, the accused might be required to live with you, so that you can keep an eye on that individual and make sure they don’t violate the conditions bail.
5. Have Assistance from Attorney
Sure, it is expensive to hire an attorney, but this legal professional can offer the necessary guidance and sound advice to get you and the defendant through this difficult ordeal. Lawyers will provide a lot of useful tips, including insights on the bail hearing to the trial and how to adjust to life after jail.
6. Understand the Bail Conditions
By accepting the provisions of bail, you are acknowledging that you understand the terms. Any violation, any mishap, or any incident that does not adhere to the conditions of bail could lead to serious consequences.
7. Discuss Bail Variation
Do you have to agree to bail conditions? Not necessarily. You can change the bail conditions through what is called a bail variation. But the proposals can only be agreed upon by the Crown of if the defendant applies to a higher court for a review.
That said, it ties back into a previous point: You should have the counsel of an attorney to work this out. You can not do this alone.
8. Know the Length of Bail Conditions
Once the accused is released on bail, the individual will need to meet the bail conditions until the case some to an end. Considering that Canada’s justice system is a slow and intricate process, this means that it could last several months or longer. Ultimately, the length of the bail conditions starts when the accused makes their first appearance in court to the moment the case is closed – not guilty or guilty.
The legal system can produce a long, tedious, emotional, and complicated experience. It is not easy to endure, whether you are on trial or you know someone who is facing the court. This can all start with bail, then it moves on from there. Good luck!