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your freedom is the first step towards successfully defending the case.

“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 favor 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

R. v. S.L.

April 27, 2018

(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.

R. v. D.B.

April 5, 2013

Client initially released on allegations of possession for the purpose of trafficking a large amount of drugs. While on release, he accumualted 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.

R. v. A.K.

November 6, 2012

Client charged in Lethbridge, Alberta with importation and possssion for the purpose of trafficking cocaine at the kilogram level.  The client was not a Canadian citizen.  After a lengthy contested bail hearing the client was ordered released on conditions.

R. v. J.H.M.

October 31, 2012

Client charged with breaching her bail conditions in Lethbridge, Alberta.  After trial, she was acquittal due to a lack of proof of the breach in the Crown's case.