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The Bail Hearing Process for Criminal Offences in Calgary

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If you or a loved one has been arrested, an essential part of criminal due process is the bail hearing. This process is sometimes referred to as Judicial Interim Release. The purpose of bail is to allow the accused the opportunity to prepare their defence to the criminal charges and not be required to remain in police custody until their actual court trail. Securing bail is always vital to ensuring you are able to properly prepare your defence with assistance from your criminal defence lawyer in Calgary.

The Criminal Code of Canada allows for several types of bail and temporary release for criminal offences. The bail processes can vary from one police agency and province to the other. Some agencies do provide a bail hearing immediately after being arrested and charged with the offence. Other agencies require a person to remain in custody until they are able to appear in front of a judge for the hearing. In the event a person is detained, they are normally taken downtown to the Calgary Court Services Section until their bail hearing.

Finding out whether someone has been detained is often difficult, as the police normally do not release any information to individuals. If you believe your loved one has been arrested and is being detained, the best thing you can do is contact a criminal defence lawyer, as police will release information to lawyers. The only other exception, where police will provide you with information is in cases where a youth offender was arrested and you are their custodial parent.

Two of the most common types of release the police and courts use in Calgary are called Promise to Appear/Appearance Notice and Recognizance. The circumstances, criminal offence and evidence the police have will determine which form of release someone is offered.

Promise to Appear/Appearance Notice Release

This type of release is normally used for people with no prior criminal history or only minor infractions on their criminal records, as well as those charged with minor criminal offences. Securing this form of release is entirely at the discretion of the arresting police department. It does not require a formal bail hearing in front of judge. There are several conditions the police could require in order to grant release, as follows:

  • Promise to Appear
  • Promise of Identification/Report to Police
  • No Contact with Specific Persons
  • No Visiting Specific Addresses or Locations
  • Adhering to a Curfew
  • Keeping the Peach
  • No Further Criminal Offences
  • No Alcohol Consumption
  • No Traveling

Even if you do not entirely agree with the conditions for this type of release, it is often better to accept them, then discuss them in greater detail with your lawyer. Your lawyer can request they be reviewed and changed by the judge at your initial court hearing

Recognizance Release

This type of release is used for more serious criminal offences, where the police and court believe there is a higher risk of the accused fleeing, the accused poses risks of committing further offences, or has a substantial criminal record. You will be required to secure your release with some form of cash deposit or cash surety. In some cases, the judge may grant release with a no cash deposit option, where the cash only has to be paid in the event the conditions for the release are violated. The judge does reserve the right to impose additional terms for the release, similar to those imposed by the police for a Promise to Appear release. However, getting the conditions changed is much more difficult.

With both types of releases, the police and judge look at three factors to determine whether release should be granted. These include:

  1. Whether detention is necessary to ensure the accused will attend all court appearances.
  2. Whether detention is require to protect the public from the accused or prevent the accused from committing further criminal offences.
  3. Whether the Crown has a strong case and the seriousness of the offence and detention is necessary to maintain the public’s confidence in the justice system.

Keep in mind, this information is a generalization into the bail hearing processes and should not be used as actual legal advice. There are always exceptions and specific circumstance for every single case. As such, it is always in your best interests to consult with a Calgary criminal defence lawyer, like Paul Gracia, to discuss your case in further detail. For help with your bail hearing and criminal charges, call Mr. Gracia at 403-975-4529 now.

Can I Be Arrested for a DUI Offence in Calgary If I Was Not Driving?

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Some people are surprised when they are arrested and charged with a DUI offence, even though they were not driving and only sitting behind the wheel of their parked car. The Criminal Code of Canada and the Highway Traffic Act define several different types of drinking and driving (DUI) offences. Among these, is a special one called “Care or Control.”

A Use and Car offence is where the alleged defendant was sitting behind the wheel of a parked car with easy access to the vehicle’s key. Unlike being stopped for Impaired Driving or Driving Over 0.80%, whether to charge someone with a Care or Control offence, is left up to the police to determine if the driver actually is intending to drive or has driven recently, and what they deem to be considered easy access to the vehicle’s keys.

For instance, if the car is parked, but the engine is running, then more than likely, the police will charge the suspect with Care or Control. However, an arrest is not made until after the police have collected a sample to determine the alleged defendant’s blood alcohol level. The sample is normally collected by using a breathalyzer machine and having the suspect blow into the device. If the blood alcohol level is over 0.80%, then an arrest probably will be made.

On the other hand, if the person is sitting in the passenger seat or back seat, and the keys are not in the ignition, the police must provide supporting evidence indicating they believed the suspect was going to attempt to drive while still intoxicated. This does not necessarily mean they will not still make an arrest, it just means the defendant would have grounds to build a strong defence against the charges.

The consequences and punishments for pleading guilty to, being found guilty in a court of law, or taking a plea agreement for a Care or Controloffence are similar to those for Impaired Driving and Driving Over 0.80%. First-time offenders of a Care or Controloffence incur a minimum fine of $1,000. Their driving privileges are also suspended for a specific period of time. In addition, your insurance rates can increase. Once driving privileges are reinstated, you could be required to pay for the installation of an interlock device. Further, there is always the possibility of being imprisoned, depending upon the exact circumstances of the case.

If you have been arrested and charged with a Care or ControlDUI offence, do not gamble with your future. This offence is just as serious had you been stopped and charged with Impaired Driving or Driving Over 0.80%. You need the help of an experienced Calgary criminal defence lawyer to prepare a strategic defence to fight the charges and receive the best possible outcome.

Keep in mind the above content should not be used for actual legal advice, but for informational purposes only. In order to receive actual legal advice, you need to contact Gracia Law at 403-975-4529 and schedule a free case evaluation appointment today.

Child Porn Charges Withdrawn for Peace Bond, instead of Mandatory Minimum Jail Sentence

Results SEXUAL OFFENCES No Comments
Charge(s):

CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography.

Allegations:

A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Following a complex investigation, and forensic computer analysis, it was determined that my client was accessing, in possession of, and was making available several child pornography files.

Result:

On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted. These charges are enormously difficult to defend against, and the mandatory minimum sentence for these 3 charges, when proceeded by indictment, is a combined minimum of 2 years in prison. However, in these circumstances, my client simply agreed to abide by certain conditions for a period of one year, and all of the criminal charges were withdrawn that same day. No criminal convictions.

Charge Withdrawn in Domestic Assault Against Daughter

Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

Police were notified by Child and Family Services that my client’s 11 year-old daughter reported to them that my client assaulted her the day prior. She told police that my client was angry with her and was trying to physically discipline her, so she was hiding behind her sister on her bed. Her sister was upset, crying, and asking him to stop. He reached around her, hit her once on her arm. He then pulled her out of the bedroom by her wrist and by her hair, and dragged her half way down the hall before letting her go, causing her to hit her head on the floor. He then hit her on her arm and side with the top of an open bottle of water, causing the water to fall out. He then got his shoes on and left, saying that he was going to kill himself. That night, she had trouble sleeping. She felt dizzy and vommitted twice throughout the early morning, believing that she might have suffered a concussion. My client had a dated but related record, consisting of prior convictions for offences, such as possession of an offensive weapon and assault.

Result:

The day before the scheduled trial date, the Crown directed Stay of Proceedings. The charge was effectively withdrawn. No criminal conviction.

Jail Avoided in Vicious 2×4 Beatings

Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault

Allegations:

My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.

Result:

After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.