calgary defence blog
A Defence lawyer's perspective on issues in criminal law
Criminal Defence Law in Calgary: Part 4
July 13, 2015
This is the fourth article in a series describing the basics of criminal defence cases as they make their way from law enforcement through the Calgary courts. The previous articles can be found here:
If you or a loved one has been accused of a crime and are being detained pending a criminal trial, an experienced Calgary defence lawyer can assist you. Previous articles in this series have explained your rights following a charge and/or arrest, including your right to contact a defence lawyer as soon as possible. Canadian law says that you must be brought before a judge or justice of the peace within 24 hours of your arrest. At this time your bail hearing will take place, and your criminal defence lawyer will aid you in navigating the court proceedings.
How Your Defence Lawyer Will Fight for Your Rights
At the bail hearing, the Crown prosecutor will announce the charges laid against you, and will argue for higher bail amounts and, in for the most serious charges, may even argue that bail be denied. Walking into the courtroom with a knowledgeable criminal defence lawyer by your side will help ensure that the prosecutor gives you the fair treatment you are entitled to. Your Calgary defence lawyer will also argue for your release either without bail or at a lower bail amount, helping you resume your life and put these charges behind you with minimal disruption.
In most cases the prosecution will have the burden of proof in demonstrating why you should be detained or should face a higher bail amount. After the Crown prosecutor makes their argument, your defence lawyer will have the opportunity to refute their claims and present other evidence and arguments for your release. Above all else, a criminal defence lawyer will ensure that you are treated fairly and in accordance with the law during all proceedings in the Calgary courts.
There are three potential outcomes of a bail proceeding: you will be released without bail, a bail amount will be set and you will have to pay the bail to be released, or in extreme cases you may be held without bail. If you are released, with or without bail, you will still need to make all scheduled appearances in court or you can be arrested again and charged with further crimes.
A Free Consultation With a Calgary Defence Lawyer
Bail hearings are an incredibly important part of your criminal defence case, and can mean the difference between a smooth return to your life and your Calgary community or the major disruption of time spent in jail waiting for a trial. Get the help you deserve, and contact Calgary criminal defence lawyer David G. Chow today for a free consultation.
This entry was posted on July 13, 2015
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