The lawyers are King Defence are available 24 hours a day, 7 days a week to conduct emergency bail hearings. Should you be inquiring about an emergency bail hearing, please indicate this at the beginning of the call.
Bail can normally be addressed at three stages: over the phone within 24 hours after the accused person has been arrested, in a Provincial courtroom, or at a Queen’s Bench review once bail has been denied at a previous level of court. When it comes to a bail hearing, it is always preferable to have an experienced lawyer present.
The court will require information to decide whether or not to release the accused person based on three grounds:
is the accused person likely to show up to court and follow court orders,
is the accused person likely to reoffend, and
will the public be alarmed if the accused person is released.
A lawyer can address these concerns by presenting relevant information about the accused person’s circumstances to the court, presenting a release plan for the accused person, and countering the strength of the evidence against the accused person.
A release plan normally includes details regarding employment, housing, and addictions treatment if necessary. The court will also want to know how much money can be deposited for bail. A thorough review of these details with the client and often the family is conducted. Additionally, research regarding defences to the allegations may need to be conducted.
The quickest way to address bail is with a Justice of the Peace within 24 hours of the accused person being arrested. Where bail may be difficult to obtain, it may be necessary to put off the bail hearing for a few days until police reports are supplied and research regarding the release plan is completed. While it is not preferable to wait in custody while the research is done, King Defence has successfully argued for the release of clients by presenting a thorough release plan and a surgical dissection of the evidence against the client.
For clients whose bail has previously been denied before a Justice of the Peace or a justice of the Alberta Court of Justice, the lawyers at King Defence have repeatedly used the same method mentioned above successfully in what is often called a “King’s Bench Bail Review.” The review allows the King’s Bench Justice review the original decision and overturn it, releasing the client on bail.