If you or someone you care about has been arrested and held for a bail hearing, the hours that follow matter. A clear release plan and a prepared argument give the best chance of release on reasonable conditions.
Section 11(e) of the Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause. In most cases the Crown must show why a person should be detained, but for some offences and circumstances the burden shifts to the accused to show why they should be released.
The court considers three main questions: whether you will attend court, whether release would put public safety at risk, and whether detention is necessary to maintain confidence in the administration of justice.
Someone held for bail? Call us now. We can often speak with them and prepare before the hearing.
Call 587-393-3958A surety is someone who promises the court that they will supervise the accused and may pledge money. The surety must understand the responsibility and be prepared to testify. We help prepare proposed sureties for the hearing.
Conditions that made sense at the start of a case can become unworkable, for example a no-contact condition that prevents a parent from seeing their children. Conditions can sometimes be changed by agreement with the Crown or by application to the court. If you were denied bail, a bail review may be possible.
Police either release you with conditions or hold you for a bail hearing.
We speak with you and potential sureties and build a release plan.
We present the plan and argue for release before a justice.
We advise on complying with conditions and, if needed, apply to vary them.
A person held in custody must generally be brought before a justice within 24 hours where a justice is available. The hearing may proceed then or be adjourned briefly to prepare.
A breach can lead to a new charge and to your release being cancelled. If a condition is causing problems, speak with us about changing it rather than breaking it.
Often, yes, if they are suitable and understand the obligations. The court will want to hear about their relationship with you and their ability to supervise.
Book a consultation online, or call us Monday to Friday, 9:00 a.m. to 5:00 p.m.
587-393-3958Request a consultationBook a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.
The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
Suite 210, 3132 26 Street NE
Calgary, Alberta T1Y 6Z1
587-393-3958
Fax 587-393-3960
info@umpclaw.ca
Monday to Friday
9:00 a.m. to 5:00 p.m.
The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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