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title: Key legal steps to be taken when being arrested in Mississauga

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# Key legal steps to be taken when being arrested in Mississauga

**Mississauga Bail Hearing Lawyer**
"Any person accused of a crime has the right not to be denied bail without any cause," states Section 11(e) of the Canadian Charter of Rights and Freedoms. This is one of the most critical and vital steps in criminal procedures. If Bail is denied, the individual is kept in custody, pending an appeal for Bail or until their case is resolved.
Being freed on bond or refused Bail can significantly impact how one prepares to defend themselves against criminal allegations.
**What Exactly Is A Bail Hearing?**
In other situations, the bail hearing will occur outside of court, at a police station where officers have been given authority to grant Bail based on the sort of criminal offence. If the police cannot grant Bail, a bail hearing is held in front of a justice of the peace or a judge to determine whether an accused should be freed from detention until the conclusion of their case. The bail hearing is required for the majority of criminal offences.
Crown prosecutors must show the judge and court reasonable cause why the accused should not be freed and detained in jail. The [criminal lawyer mississauga](https://www.virkbarristers.ca/) be regarded as a "reverse onus" bail hearing for more serious offences and in circumstances when the accused was already freed on Bail. The accused must justify to the court why the judge should grant Bail and release them from detention at this hearing.
Canada's Criminal Code, in addition, Bail
Section 515 of Canada's Criminal Code provides a slew of pertinent issues for Bail and the bail hearing process. Various considerations must be considered before a person currently detained can be freed.
First, the court must establish whether the "onus" is placed on the Crown or the accused. The "onus" is on the party to demonstrate why Bail should or should not be granted. The Crown will be burdened with carrying the "onus" in most cases.
However, as previously stated ("reverse onus"), there are times when the accused is given the "onus" and must demonstrate and defend to the court why they should be released.
Section 515 (10) specifies three particular grounds on which the accused could be detained and denied Bail. These three grounds are known as the Primary, Secondary, and Tertiary Grounds.
![](https://i.imgur.com/EEEmF6l.jpg)

**Primary Ground**
Section 515 (10a) of the Criminal Code of Canada allows for the detention of a person "when the detention is required to guarantee his or her presence in court in order to be dealt with pursuant to the law."
This means that a person can be denied Bail if the court believes they are a flight risk and intend to flee the jurisdiction of the court, Ontario, or Canada.
**Secondary Ground**
According to Section 515 (10b) of the Criminal Code of Canada, detaining a person may be justified "where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances, including any substantial likelihood that the accused will commit a criminal offence or interfere with the administration of justice if released from custody."
In other words, the best [criminal lawyer toronto](https://www.virkbarristers.ca/criminal-lawyer-toronto) assesses the risk that a defendant would commit other criminal offences if released on bond or that they will tamper with evidence or witnesses linked to their current criminal accusations.
Tertiary Ground
The tertiary ground is rarely used and is only used in a limited set of conditions. According to Section 515(10)(c) of the Criminal Code of Canada, a person's detention may be lawful if:
Section 515 (10c) of the Criminal Code of Canada justifies detaining a person "when the detention is required to maintain trust in the administration of justice, having regard to all the circumstances, including:
1.      The apparent strength of the prosecution's case,
2.      The gravity of the offence,
3.      The circumstances surrounding the commission of the offence, including whether a firearm was used, and
4.      The fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence involving, or involving, a firearm, a minimum punishment of imprisonment for three years or more."
It is important to mention that Tertiary Ground is not used very often and only in specific instances, including more serious criminal offences such as guns, large-scale drug operations, and homicides.
What Is a Surety, and Why Do You Need One for Bail?
When a court grants Bail to an accused individual, it frequently needs a guarantor. A sponsor is typically a family member or close friend who has close contact with the accused. The surety is responsible for keeping an eye on the accused when released on Bail. Furthermore, as collateral for the accused person's release, the surety may be compelled to present the court with a certain sum of money or similar monetary surety.
The major rationale for requiring a cash surety or monetary deposit is to better enforce the terms and conditions of being released on Bail, such as attending all court appearances. The surety is also responsible for informing the police if the accused fails or violates the terms and conditions of their release while out on Bail. Sureties are frequently the deciding element in whether or not the accused is granted Bail, and they play a crucial role in the bail hearing process.
**What Are The Bail Terms And Conditions?**
The terms and conditions of Bail can differ from case to case. However, they are the restrictions one must follow after being freed on Bail. Some of the more typical bail terms and conditions are:
1.      Not leaving the jurisdiction of the court, Ontario, or Canada.
2.      Continuing to reside at a given address.
3.      Giving up your passport.
4.      Failure to communicate with certain people, such as witnesses and/or victims
5.      Reporting to the police as needed - weekly, monthly, etc.
6.      Obeying a curfew.
7.      Maintaining peace and obeying all laws.
8.      Maintaining good behaviour and not committing any more criminal offences.
9.      Not having any weaponry.
10.   Avoiding the use of alcohol and/or illegal drugs.
11.    Failure to sit in the driver's seat of a motor vehicle.     Staying away from or failing to visit specified locations and addresses.   
Suppose an accused person fails to comply with one or more of the terms and conditions of their release. In that case, they may be arrested and prosecuted for "Failure to Comply." They are then sent to court for a new bail hearing. A "Failure to Comply" offence is serious, and the courts consider it a breach of a court order.
At this stage, the court has the authority to revoke their previous Bail and keep them in custody pending the result of their case. Alternatively, the court could give a new release with tougher terms and conditions. Furthermore, the surety may forfeit the cash surety or monetary deposit granted to the court for the initial bail release.
 

