(Calgary, P.C.). LBK was charged with breaching bail. His case was set for trial in low complexity trial court in Calgary. A plea of not guilty was entered because after evaluating the Prosecution's case, the Defence determined that there were evidentiary defences and potential Charter issues. In specific, the manner in which the evidence used to substantiate the breach was arguably collected in breach of section 8 and 10 of the Canadian Charter of Rights and Freedoms. Strategically, the defence was of the view that even if the Charter defence failed, there remained common law defences. In Canada, common law is essentially judge made law built upon previous court decisions that are either binding or persuasive for present day trial courts hearing cases. Breaching bail is often viewed very seriously by the Crown and court because when a bail order is contravened, the offender is effectively ignoring conditions of release designed to control the accused while the case winds through the justice system. Have you been charged with an offence and need a Calgary bail lawyer? Consider David Chow; he has been securing judicial interim release for clients since leaving the Crown Prosecutor's office and joining the Calgary defence bar in 2005. David is a Calgary criminal lawyer who serves clients throughout Alberta, British Columbia and Saskatchewan.
bail LAWYER | CALGARY
securing bail for clients since 2005
calgary criminal defence lawyer: (403) 452-8018
CALGARY BAIL LAWYER
Your freedom is the first step towards successfully defending your charges.
If you are charged with any offence, the police might think you are guilty; the Crown might think you are guilty; society might think you are guilty. You are, however, presumed innocent. And presumed innocent, you should be released from jail.
“Bail” or “judicial interim release” is essentially the process all accused are under while their charges wind their way through the court system. Not all accused are granted bail. If bail is denied, the accused is detained in custody and thus must languish in jail until the case is concluded. The first step, therefore, to successfully defending any criminal charge is obtaining release.
For most charges there is a presumption in favour of reasonable bail. This presumption flows from the generally recognized principle that all accused are presumed innocent until proven guilty. Given that all persons are presumed innocent, the presumption in favor of bail operates because it would be unprincipled to incarcerate innocent people until the allegations are proven.
Notwithstanding the presumption, it is not unusual for persons seeking bail to feel like they must establish their own innocence. It is also not unusual for accused to languish in custody awaiting the opportunity to have a bail hearing. Delay in a bail hearing occurs for a variety of reasons, many of which are caused by administrative policy instituted by the Courts. For example, notwithstanding that all people are entitled to a bail hearing within 24 hours, the Provincial Court of Alberta in Calgary has established internal rules that require the scheduling of a bail hearing. To accommodate a bail hearing, it is not unusual for detainees to wait days – or perhaps even longer.
Sometimes delay in a receiving a bail hearing is caused by Crown tardiness with respect to disclosure; other times, the accused chooses to wait in custody so that his or her defence lawyer can pursue disclosure issues, conduct investigations or take other legal steps to enhance the chance of successfully obtaining bail.
Whatever the case, if you have been charged with a criminal offence, judicial interim release is your first priority.
I understand the importance of obtaining bail. I routinely obtain judicial interim release for my clients and have done so in many high profile cases, including those involving drugs, guns, serious violence and even murder.
Recent Case Results
(Calgary, P.C.). KB was charged on multiple informations with a plethora of offences, including assault, possession of crystal meth, breaching bail conditions, trespassing and uttering threats. She had three low complexity trials in Calgary scheduled for multiple cases over three days. On the first day of trial her predicament was resolved positively by way of a conditional discharge. The drug charges - which could have resulted in KB being absolutely denied admissibility to the United States -- were withdrawn by the Crown along with many other offences. A conditional discharge is a disposition where the accused is found "guilty", but the "conviction" will not register as long as the accused completes the terms of the discharge. There are many sentencing options in criminal cases. The options range from diversionary measures (such as alternative measures or mental health diversion) that do not trigger any find of guilty, to discharges (absolute and conditional) that will not result in a criminal record, to fines, probation and jail. There are many avenues to achieving a favourable outcome in a criminal case. Conditional discharge is often one such avenue. In KB's case, David Chow was able to work closely with the Crown, whose position was to give the accused a second chance as long as she satisfied rehabilitate measures built into the discharge. David Chow is a Calgary criminal defence lawyer who will explore all available avenues to properly defending a case. Call 403.452.8018 for a free telephone consultation.
(Okotoks, P.C.). The Client applied for judicial interim release in release to an allegation of Attempted Murder. Calgary criminal lawyer, David Chow, was successful in obtaining bail for the accused. Obtaining bail can be difficult for persons charged with serious offences. For S.L., the allegations were serious. He had a prior record, was accused of attempted murder with a firearm and was alleged to have been positively identified. Obtaining bail requires the services of a lawyer who not only has experience handling judicial interim release, but a lawyer who understands the index offence. Understanding how to defend the case is often the difference between detention and release. Call Calgary bail lawyer, David Chow for a free telephone consultation.
(Calgary, P.C.). Client initially released on allegations of possession for the purpose of trafficking a large amount of drugs. While on release, he accumulated a dozen new charges, including possession of drugs, firearms offences and breach. After a contested bail hearing, he was released by way of a Form 32 Recognizance. Judicial interim release is critical to mounting a successful defence. When an ends up in jail awaiting his or her trial, the Crown has the advantage David Chow is a proven Calgary bail lawyer, who routinely secures release for clients on serious charges, including multi-kilo drug trafficking. David is a Calgary drug lawyer trained by on of the best Alberta drug lawyers. David offers a free consultation to earn your business. Call 403.452.8018.