If arrested for aggravated assault in London, you have the right to a bail hearing within 24 hours. However, because this is a highly serious violent crime, defence lawyers often intentionally delay the hearing by several days to build a robust release plan and secure strong sureties to convince the judge you are safe to release.
An arrest for aggravated assault in London, Ontario, triggers one of the most intense and stressful phases of the criminal justice system. 📖 Under the Criminal Code, aggravated assault is defined as an assault that wounds, maims, disfigures, or endangers the life of the victim. Because of the extreme violence associated with this indictable offence, the police will not release you from the station. Instead, you will be held in custody and transported to the Elgin-Middlesex Detention Centre (EMDC).
For families, the primary concern is getting their loved one out of the notoriously harsh conditions at EMDC as quickly as possible. The mechanism for release is a formal “Show Cause Hearing” (bail hearing) at the Ontario Court of Justice. While the law promises a rapid hearing, the reality of preparing a successful application for such a severe charge often requires strategic patience.
Step-by-Step Bail Process in London, Ontario
Navigating the bail system for a violent crime requires a meticulously crafted presentation. 📍 The proceedings will take place at the courthouse on 80 Dundas Street, often via video link directly from the detention centre.
Step 1: The Initial 24-Hour Appearance
By law, anyone arrested in Canada must be brought before a Justice of the Peace within 24 hours of their arrest. This usually happens in “bail court.” However, for a charge as serious as aggravated assault, the Crown Attorney will almost certainly oppose your release right out of the gate.
If you demand a hearing immediately, without a private lawyer or a proper plan, you are highly likely to be denied bail. 👮 Once denied, you must stay in jail until your trial, which could take a year or more. Therefore, Duty Counsel or your private lawyer will usually ask to “remand” (delay) the hearing for a few days to prepare properly.
Step 2: Assembling Sureties and the Release Plan
The time spent waiting is crucial for your law firm to build a watertight release plan. Because aggravated assault carries a high risk to public safety, the judge will require one or more “sureties.” A surety is a responsible adult (often a parent or sibling) with no criminal record who agrees to supervise you 24/7 and pledges a significant amount of money to the court.
Your lawyer will rigorously interview potential sureties to ensure they understand their obligations. 💼 The plan may also include proposing strict house arrest, GPS ankle monitoring, or immediate enrollment in a residential treatment facility if substance abuse was a factor in the violent incident.
Step 3: Conducting the Show Cause Hearing
Once the plan is ready—typically 3 to 7 days after the initial arrest—the actual bail hearing takes place. The Crown will read the police allegations (which will sound incredibly damaging) to show why you should remain behind bars.
Your defence lawyer will then present your sureties to the court, having them testify about how they will control your behaviour in London. 📑 If the Justice of the Peace is satisfied that the proposed plan minimizes the risk to the public and ensures you will return for your trial, they will order your release.
How Much Does it Cost in London?
Bail for serious indictable offences is expensive, involving both legal fees for the hearing and the financial risk taken by your sureties. 💰 Here is a look at typical costs.
| Private Lawyer Retainer (Bail Hearing) | $2,500 – $5,000+ CAD |
| Surety Pledge Amount | $2,000 – $20,000+ CAD (Rarely paid upfront) |
| GPS Ankle Monitor (If ordered) | $400 – $600 CAD per month (Private company) |
| Duty Counsel Services | $0 (Available to those who qualify) |
How Long Does the Process Take?
From the moment the handcuffs go on, it generally takes between 3 to 7 days to organize and successfully execute a bail hearing for aggravated assault. ⌚ If the hearing spans multiple days or requires bringing in expert witnesses for a mental health assessment, it can occasionally stretch into the second week of custody.
Frequently Asked Questions (FAQ)
What does a “show cause” hearing mean?
In Canada, the general rule is that you should be released pending trial. However, for certain serious offences, the burden shifts. “Show cause” means either the Crown must show cause why you should be held, or, in some reverse-onus cases, you must show cause why you should be released.
Do my sureties have to bring cash to court?
Usually, no. In Ontario, sureties typically sign a “recognizance” promising to pay the pledged amount only if you breach your bail conditions and flee. They just need to prove they possess the assets (like home equity or savings) to cover the amount if necessary.
Can the Crown appeal if I am granted bail?
Yes. If the Crown Attorney believes the Justice of the Peace made a severe legal error in releasing you on an aggravated assault charge, they can file a “Crown Bail Review” at the Superior Court of Justice to try and have your bail revoked.
Will I be put under house arrest?
It is highly likely. For a violent offence like aggravated assault, standard release conditions usually include strict house arrest, meaning you can only leave your home for medical emergencies, court dates, or when accompanied directly by your approved surety.
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