Investigate After Bail
As a suspect in a criminal investigation, it can be very distressing and frustrating to wait for a decision to be made on whether you will be charged. During this time your life is disrupted and it can be difficult to work, care for family members, study or prepare a case with an attorney.
Police investigations can be lengthy and complex, especially if you are suspected of a serious offence. You may be asked to give evidence and have your phone or computer seized for forensic analysis. These processes can add to the overall length of the investigation, which can mean that you will be placed on bail for longer than you might otherwise have been.
After being interviewed, the police will decide if they will charge you or not. If they do not believe that there is sufficient evidence to meet a criminal standard, they will have to release you from custody. This will typically happen by placing you on pre-charge bail or releasing you without bail under investigation (RUI).
When you are released on RUI, there is no obligation for you to return to the police station, and you can be free to go about your daily life. However, you will be told to contact the police if any further information comes to light. If you do not do this, you could be charged with witness intimidation or harassment. If you have been RUI’d, the police can also continue to search your home and possessions. They can also use surveillance to gather further information.
Can Police Investigate After Bail?
If you are bailed, you will be required to attend the police station on a regular basis, abiding by conditions such as curfews and restrictions. You may have to surrender your passport, and your employer can be notified of the bail order.
In 2017, major legislative changes restrict the ability of the police to place suspects on bail. It is now far more common for them to be’released under investigation’ following their interview, rather than being placed on pre-charge bail. The police will continue to investigate the matter and you will have no obligation to attend the station on a bail return date.
If you do not have the financial resources to pay for your bail, you can ask a bondsman or bonding company for help. They will essentially guarantee your bail by promising to pay the amount on your behalf, but they will require a fee in return. Often, this will be more than the amount of your original bail. However, it can be a much more affordable option than paying your entire bail amount in cash or using property as collateral for the bond. In addition, the bonding company will generally agree to take on some of the risk associated with your case by taking on the liability if you fail to appear in court. This can be particularly helpful if you are charged with a highly technical, difficult to prove offence.