FAQs Archive - Page 4 of 12 - Muenz Criminal Law

Q: How soon will a bail hearing take place?

If the police do not release you, you will normally appear before a justice within 24 hours, or as soon as one is available. The bail hearing may take place immediately, but sometimes a short delay is needed to obtain information, speak with the Crown and prepare a proper release plan.

Q: Will I have to turn myself in to the police?

Often, yes. However, a lawyer may be able to contact the police and Crown in advance, arrange an appropriate time and discuss how release will be addressed. In a more serious case, advance planning may include preparing a release plan and arranging for a surety or other supporting information to be available. In some circumstances, counsel may ask to bring the matter back before the court and request that the warrant be vacated without requiring the accused to attend a police station. This is not the usual procedure, and whether it is available depends on the type of warrant, the reason it was issued, the underlying charge and the court’s approval.

Q: Can I be arrested anywhere if I have a warrant?

An active arrest warrant may be executed during a traffic stop, contact with police or another routine interaction. It may also be discovered when entering Canada, where border officials can involve the appropriate police service. A warrant does not disappear merely because considerable time has passed. Leaving it unresolved may also affect future release decisions and how the underlying case proceeds.