Calgary Bail Hearing Lawyer

When someone is arrested, the first concern is often: Will I get bail? The Canadian Charter of Rights and Freedoms ensures every person has the right to reasonable bail. Additionally, the Criminal Code ensures every person has a bail hearing within 24 hours of being arrested. Speak with an accomplished Calgary bail hearing lawyer at Browne Criminal Defence to learn how we can help you seek bail.

What Is Bail?

Bail is a process where someone charged with an offence is released from custody between the period when they are charged and when their trial occurs or their criminal matter otherwise concludes.

If you are arrested and charged with a criminal offence, the police are required to bring you before a judge or justice of the peace within 24 hours for a bail hearing. If the police fail to do this, you may have legal remedies available to you.

Depending on the nature of your charges, whether you have a criminal record, and the strength of your bail plan, the Crown may agree that you should be released. If the Crown opposes your release, you will have to argue to be released on bail. A bail hearing lawyer in Calgary can negotiate your release with the Crown and, alternatively, help you prepare a strong bail plan and fight for your release.

Reverse Onus

In certain serious cases, such as when the accused is charged with violent offenses or serious crimes, there is a reverse onus. This means that the accused must prove why they should be released on bail, rather than the Crown proving why they should be detained. This is common for charges involving murder, attempted murder, or other violent crimes.

Grounds For Detention

As a bail hearing lawyer can further explain, a Calgary judge can only deny someone bail in three circumstances. A judge can deny bail:

1. Flight Risk: Where the detention is necessary to ensure the accused’s attendance in court
2. Risk of Re-offence: Here, the detention is necessary for the protection or safety of the public, including any substantial likelihood that the accused will commit a criminal offence or interfere with the administration of justice
3. Public Confidence: If the detention is necessary to maintain confidence in the administration of justice

When Is Bail Denied?

Although bail is a presumption, there are several situations where bail can be denied or revoked. These include:

1. Flight Risk: If the accused poses a flight risk—meaning there is reason to believe they may attempt to flee the country or region before their trial—the court may deny bail to prevent them from evading justice.
2. Public Safety: Bail may also be denied if the court determines that releasing the accused would pose a risk to public safety, particularly in cases where the accused has a history of violent behavior or where there is concern for the safety of victims or witnesses.
3. Public Confidence: The more serious the offence, the stronger the Crown’s case, and the use of a weapon or firearm may be an obstacle to getting bail.
4. Previous Bail Violations: If the individual has previously violated bail conditions or failed to appear in court, this may be a factor in denying bail. Repeated breaches of bail conditions undermine the trust in the accused’s compliance and willingness to cooperate with the judicial process.
5. Likely to Commit Another Offence: If the court believes that the accused is likely to commit further offences if released on bail, particularly if those offenses are similar in nature to the original charge, bail can be denied.

A strong bail plan will address concerns about the accused person’s release, such that detention is not necessary. Get started on your bail hearing plan with a Calgary lawyer today.

Conditions of Bail

If bail is granted, the court may impose certain conditions to ensure the accused’s compliance with the law while they await trial. Some common bail conditions include:

• Monetary Deposit: A specified amount of money that must be paid if the accused fails to comply with the terms of their release. This is often a way of ensuring that the accused shows up for court appearances.
• Surety: A third-party individual who agrees to take responsibility for the accused’s appearance in court. This person may have to pay a certain amount of money if the accused fails to attend their hearings.
• Travel Restrictions: The accused may be restricted from leaving a specific geographical area, such as the province or the country, while awaiting trial.
• Curfew: The accused may be required to remain at a specific location during certain hours, often at night, to reduce the risk of reoffending or absconding.
• Electronic Monitoring: In some cases, the court may order the use of an electronic monitoring device, such as an ankle bracelet, to track the accused’s movements.
• No Contact Orders: If there is a concern about witness intimidation or victim safety, the accused may be prohibited from contacting specific individuals.

A Calgary lawyer with experience in bail hearings can explain what conditions may apply in your case.

Developing a Strong Bail Plan

A strong bail plan requires thoughtful conditions that are tailored to the accused and the allegations. For example, if an accused person is charged with theft of a motor vehicle, a condition that the accused not be in a motor vehicle unless the registered owner is also in the motor vehicle will address concerns of re-offence. If an accused person has a history of missing court dates, a release plan that has a surety – someone who ensures the accused follows their conditions – may be appropriate.

The strongest bail plans pinpoint the areas of concern the court may have when releasing an individual and address those concerns so that the accused’s detention is not “necessary” pursuant to the Criminal Code.

Contact a Bail Hearing Lawyer in Calgary Today

If you or a loved one is seeking bail, legal representation is essential. Get in touch with a Calgary bail hearing lawyer today to discuss your case.