Arrest Me (before I write again)

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An attorney will be appointed if the defendant qualifies as indigent. In most cases this will be a public defender, an attorney who works for the county public defender's office. However, if there are multiple defendants only one defendant in a case may be represented by the public defender or a conflict of interest exists, a private attorney, under contract to the county, may be appointed to represent the defendant.

Writing a court report is one of the most important responsibilities of a CASA volunteer. The court report is the official method that a Court Appointed Special Advocate uses to inform the judge about what the advocate has learned about the appointed child and family. Through the court report a CASA volunteer lets the judge know what has been happening to the child while in the court's care.

The report outlines, in a standard format, what the CASA volunteer has discovered, the volunteer's assessment of the child's situation, and what the volunteer feels the court needs to do to help the child achieve a safe, permanent home. Set terms and conditions of release.

If the defendant is in custody, a bond may be set or the defendant may be released on their own recognizance promise to appear without bond being set or to a third party. If the defendant is out of custody, a bond may be set in which case the defendant may be taken into custody until the bond has been posted , or remain out of custody on their own recognizance or in the custody of a third party.

The defendant may also be placed under certain conditions at this time, such as having no contact with the alleged victim or witnesses, being ordered not to leave the state, or to undergo drug testing. Set date for preliminary hearing. Unless an indictment has been issued by the grand jury, the defendant has a right to a preliminary hearing to determine if probable cause exists within a specific period of time.

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The initial appearance magistrate will notify the defendant of this date. Time and location of the hearing: 1. If the defendant has been arrested and jailed, the initial appearance must take place within 24 hours of arrest, and this hearing is held in a courtroom at the jail facility. If the defendant is not in custody and a complaint has been issued, the hearing is held at the justice court in which the complaint was filed and is presided over by the justice of the peace for that precinct.


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If a defendant has been indicted and a summons has been issued, the initial appearance is held at the time of the arraignment. All police reports in which a suspect has been charged by the police with a felony offense a crime for which, if convicted, a person could be sentenced to prison for a year or more , whether or not the suspect has been arrested, are reviewed by a county attorney.

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The attorney must decide to proceed in one of three ways:. File charges immediately if the police report is complete; 2. Return the report to the police for further investigation; or 3. Decline prosecution. Prosecution may be declined for several reasons: the state may not be able to prove beyond a reasonable doubt that the defendant committed a crime, no crime was actually committed or the appropriate charge is a misdemeanor a crime punishable by up to six months in jail and should be submitted to the appropriate city prosecutor for review.

Your lawyer, if you have one, or duty counsel will help you. At the beginning of your bail hearing the Crown will explain their concerns about releasing you. It should explain why it is safe to release you while your criminal charges are in the court. Your plan of release should include conditions that allow you to return to normal life as much as possible.

Think about who might be willing to supervise you during your release. When someone agrees to supervise you in this way, they are acting as a surety for you. During your bail hearing , your lawyer or duty counsel will present your plan of release to the court. If you aren't released within 24 hours of being arrested, you will be brought before a judge or justice of the peace for a bail hearing.

If you aren't ready to have your bail hearing, or the court is too busy, you may be told you have to come back on another day.

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This is called an adjournment. There may be multiple adjournments before you actually have your bail hearing. On the day of your bail hearing , the judge or justice of the peace will decide if you should be released while your criminal charges are resolved or while you wait for your trial date. For example, you may:. Skip to main content. Next steps 1. Know your rights. Ask to talk to a lawyer and remain silent.

Think about your plan of release.

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Go to your bail hearing. Find services Criminal Law - Bail. Find services.

Related Questions. What are my rights if I'm detained or arrested? Can the police make me sign conditions when they let me go? How do I make a complaint about the police? Learn more about this topic. Legal Aid Ontario. Making a Complaint about the Police - Complaint Form. Was this information helpful? Yes No. What if the police don't let me leave after they arrest me? This question has an answer and 4 steps. What the police are allowed to do The police are allowed to take you into custody when they arrest you.

Your plan of release should explain: how you will be supervised in the community who is available to help supervise you your opportunities for employment or education while you wait for the outcome how you will address any anger, drug use, or alcohol issues you may have Adjournments Bail court is very busy.


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Bail hearing On the day of your bail hearing , the judge or justice of the peace will decide if you should be released while your criminal charges are resolved or a trial date is set. Your rights When you're detained or arrested by the police, the Canadian Charter of Rights and Freedoms protects your rights. You have the right to: be told why you're being detained or arrested only be searched in a reasonable manner remain silent talk to a lawyer If you are under the age of 18, the police must contact your parent or guardian.

What the police are allowed to do The police are allowed take you into custody when they arrest you. After taking you into custody, within 24 hours the police must: let you leave, or bring you before a judge or a justice of the peace, and not cause an unreasonable delay in giving you a bail hearing If you're arrested on the weekend, or a judge or justice of the peace is not available, you may be in police custody longer.

The judge or justice of the peace may: release you with or without conditions at a bail hearing , or order that you remain in custody until your case is resolved. Appearance Notice. Legal Aid Ontario, LawFacts.

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Revolutionizing Public Legal Education. Legal Swipe. December Your lawyer or duty counsel will help you prepare a plan of release and present it to the court. Getting help. Law Society Referral Service. Making Justice more Accessible to Canadians.

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