American Citizen Arrested In Canada

June 14, 2017

What happens when an American citizen is arrested while visiting Canada?

The criminal justice system in Canada has similarities to the American system. Yet, there are a few notable differences that a tourist should know.  This post will focus on bail hearings and what you need to know if you or your American Citizen friend is arrested.

A smart first step would be to call a trusted and experienced Criminal Lawyer in Toronto to assist you.

After an arrest, the next step is usually to release from the police station or receiving bail from the court. But this is not a guarantee.

Bail Considerations

The primary concern if you’re a visitor to Canada is whether you will attend court and show up for your trial. Also, when considering granting bail, the court will balance factors such as:

  • The protection and safety of the public
  • The age, employment and education of the accused
  • The seriousness of the allegations and charges
  • The jeopardy faced by the accused
  • The likelihood of the accused committing further crimes while on bail
  • Whether the accused will interfere with the victims or the evidence
  • The expected public reaction that the public will have if the accused is released

Depending on the nature of the charges and allegations a surety might be required. A surety is a person that promises to supervise an accused person while they are on bail.

When considering granting a release, the court needs to understand:

  • The seriousness of the allegations
  • The precise plan of release
  • Who the proposed sureties are (if required).

These are the issues that are addressed at a bail hearing. You will want an experienced bail lawyer to assist you and your sureties in preparing for a bail hearing.

If you are granted a release, the court will likely want a cash deposit. When determining an appropriate deposit amount, the court will consider the seriousness of the allegations and both the background and financial circumstances of the accused and the proposed surety.

Finally, before granting a release, the court will also consider the appropriate bail conditions to ensure the public’s safety and reducing the risk of the accused committing further crimes while on release.

Get in touch with a Toronto criminal lawyer with bail hearing experience. Contact William Jaksa today!

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