Judicial Interim Release, colloquially referred to as bail, if one of the many steps of the criminal judicial process. A court may deny or allow you to be released on bail, and will set a series of conditions that you must meet to be released. The outcome of your bail hearing will set the tone for an entire trial as the conditions will indicate courts opinion on the severity of the crime that has been committed and the accused persons trustability.
Having a lawyer present at a bail hearing is very important, not only will it have immediate effects your conditions of freedom, but how the court will proceed through the course of the trial. Courts appreciate that the accused takes the charges seriously and looks favourable on those who retain counsel for a bail hearing as it indicates that they will have a person who is responsible to make sure they return to face their charges.
Courts and police departments have different policies and attitudes towards how bail should be administered. In some cases, immediate bail may be granted and a trial may be set in the distant future. In other cases, you may not be eligible to be released immediately and the court may demand that you appear to face your charges nearly immediately.
Appearance Notice or Promise to Appear
Release by way of Appearance Notice or Promise to Appear is typically reserved for detained people with little or no prior criminal history, and for relatively low level criminal charges. Release of this type is in the discretion of the police and does not require a formal bail hearing. You will likely be required to surrender yourself for fingerprinting and attend a court date. If you miss either a warrant will be issued for your arrest.
Recognizance indicates that charges are more serious and that the accused presents a flight risk. The court may also be worried that further offences may be committed while released on bail. In this situation the police do not have the authority to release the person and a bail hearing must be conducted.
Recognizance will require one of the following to secure release:
- Cash deposit: paid before release
- No cash deposit: paid only if the conditions of the release are not followed
- Surety: someone else posts something of value on your behalf
Conditions of Bail
Upon release on either Promise to Appear or Recognizance the police or court may add additional conditions to your bail release. They may include:
- Keeping the peace
- Reporting to the police
- No contact with a specified person or persons
- Non attendance at a specific address or location
- No leaving the province
- No alcohol
If any of the conditions are not met, bail may be revoked and not extended a second time. It is important you abide by the conditions of your bail.
Bail Hearing Lawyer in Calgary
If you have been charged with a crime and have a scheduled bail hearing be sure to contact our Calgary Bail Hearing lawyers. We’ll work hard to assist you in securing release and minimizing the number of conditions and securities required for release.