Will the Police Release Me?

If you are a first offender and/or your charges are not the most serious, the police will probably release you from their custody with a court date.  This court date is usually 4-6 weeks away as it allows the investigators to prepare their case against you. Your release from custody may have occurred at your home, the scene of an incident, the back of a police cruiser or from the police station.  The police have several release options which make it unnecessary for them to take you to court for a BAIL HEARING.  The Criminal Code of Canada and individual officer discretion direct these forms of release, which include:

Appearance Notice (also known as a Form 9);
Summons;
Promise to Appear/Undertaking to a Peace Officer;
Recognizance (without sureties).

An Undertaking to a Peace Officer and Recognizance are forms of release which carry certain conditions.  These conditions may prohibit you from contacting certain people, attending certain places, purchasing/consuming alcohol or drugs etc.  Failing to comply with these conditions is a serious criminal offence that commonly results in jail time and a criminal record. The common element among all of these forms of a release is a court date – your First Appearance.  Your first appearance is a court date that you and/or your lawyer MUST attend.  Failure to attend court is another serious criminal offence which can result in jail time and a criminal record.  Our law firm appears in court for clients on all court dates (except trials, preliminary inquiries or other resolutions where the client’s attendance is mandatory).

If the police do not release you as mentioned above, they must take you to court for a BAIL HEARING.