- There are two ways that you can be released once you are charged. 1) by the police 2) by the court system

By the police: One way you can be released is through an 1)appearance notice; 2) Promise to Appear -Appearance Notice: you are not taken to the police station (in most circumstances); you are not arrested; you simply get a document stating when and where to appear. This is your court date. -Promise to Appear: you are arrested; you sign a document saying that you do “promise to appear” to court on a specific date (this is called recognizance). -Recognizance (you yourself) and Surety (someone else)

By the court system Right after you are arrested and if you are not released by police you must have your bail hearing (see a judge) within a reasonable period of time. This usually occurs within 24 hours of your arrest. The bail court is also called remand court. Bail hearing is also called show-cause hearing. SHOW-CAUSE: “SHOWING CAUSE” – DEMONSTRATE

Factors that will favour the Crown (Savci) to deny (reddet) bail (serbest birakma) can include: 1) concern that the accused may flee the country (ulkeden kacma) 2) the individual may reoffend (tekrar suc isleye bilir) 3) the individual may not appear at future court dates (mahkemeye gelmez) However, if the accused has committed one of the following below, it is their responsibility (their onus) to convince the court that they should not remain in custody (gozalti). 1) the person commmited an indictable offence and is a not a Canadian citizen 2) the individual has violated on his/her previous court order 3) the charge involves failure to appear in court or the person has violated a bail condition (sart). 4) the individual is charged with importing (ithal), export (ihracat), or trafficking (tasiyici) narcotics.

-The least restrictive (limit; engellemek) judicial release is called undertaking which is allowed by courts. It is a signed promise to appear at the next trial date and adhere (uymak; obey) to any conditions imposed. -The next level of release with conditions are recognizances with or without sureties. A surety is someone other than the accused who will be responsible for payment if the accused fails to appear in court. -When the person is arraigned, or the charges are read to them just before the beginning of a trial, the accused has an option as to what method or court they wish to be tried. This is the case in most indictable offence trials. This process is called election. -Before a trial occurs, a preliminary hearing or pre-trial hearing is conducted. The purpose of preliminary hearing is to determine whether or not there is enough evidence to warrant a full trial on the charges laid out in court. This also allows the defence and Crown to look at the evidences of each other.