The first priority in any defence is your liberty. Our lawyers have extensive experience in obtaining bail for their clients and are here to help.
Judicial interim release (bail) affects every person who has been charged with a criminal offence. If you do not have a criminal record and are not being charged with a very serious offence, your arresting officer may release you with a promise to appear for your first court date. You may also have to abide by an undertaking to comply with certain conditions until your matter has been completely dealt with in Court.
However, if you have a criminal record, or are charged with a more serious criminal offence, the Crown may seek your detention. At this point, your matter will be put before a Justice of the Peace or Judge of the Provincial Court of Alberta. The Judge will hear submissions from both you and the Crown before determining whether you can be released into the community or must remain in custody.
If you are denied bail at the Provincial Court level, you may apply for a review to a Justice of the Court of Queen’s Bench. The Justice will review the Provincial Court record and determine whether due to a change in circumstances, or an error made by the Provincial Court Judge, you should be released into the community while your criminal matters are outstanding.
The presumption of innocence always applies at this stage of your criminal proceedings. However, you can still be detained pursuant to the grounds in section 515(1) of the Criminal Code. That is, the judge can detain you if your detention is necessary to ensure your attendance in court, for public safety, or to maintain confidence in the administration of justice in Canada.
Our lawyers have run hundreds of bail hearings in all levels of Court, on matters for first time offenders and for clients with significant criminal records. Having a comprehensive knowledge in all areas of criminal defence, our lawyers are fully equipped to defend your right to bail on charges of any severity. We have argued for, and secured, judicial interim release in all court levels in Alberta, including in circumstances of Judicial Review.
If you are being investigated by police, it is in your best interest to contact counsel immediately and determine what you may be facing in a police questioning, arrest, and bail hearing. Having counsel retained and ready will ensure your matter moves through the initial stages of bail in an expeditious manner. Our lawyers are available around the clock to assist – contact us now.