What happens when someone is held for a bail hearing?

For many criminal offences, the police have the option of releasing a person charged with a criminal offence on a promise to appear in court without requiring a bail hearing. If the police have concerns about a person’s identity or a belief that the person will commit another criminal offence if released they may choose to hold the person for a bail hearing. A police officer may also do this if there is a fear the accused individual will destroy evidence or not show up for court.

For a person who is being held in custody, the bail hearing is often the most stressful part of his/her case. The implications from the bail hearing can affect what the accused individual does with his/her case from that point forward. Therefore, the importance of the bail hearing should not be minimized.

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