My loved one is being held as an “overnight arrest.” What will happen?

If someone is arrested in the evening, night, or early morning hours, they are often held by police until the next day. During this time, the police compile information about the charges that were laid and any investigation they’ve completed surrounding these charges. Using this information, police will decide if the person arrested can be released directly from the police station or if their previous criminal record or current charges are serious enough that the file must be passed on to the Crown Attorney.

For the latter category, the police file is passed on to the Crown Attorney’s office to be screened. This process can take several hours. The Crown Attorney has several options when screening a file for release. They can decide that they consent to the release with specific conditions of release, they can consent to the release with a surety or a residential surety, or they can decide that they do not consent to the release. If the Crown is unwilling to consent to someone’s release, then a bail hearing must occur to determine if the person can be released on bail. It is your legal right to be brought before a Justice of the Peace or a Judge within 24 hours after your arrest. If one of your loved ones has been arrested and you need advice, call us anytime. We are available to assist you 24/7.