Bail is a crucial stage in a criminal proceeding. In Alberta, it refers to the release of a person facing charges before trial or sentencing, officially known as judicial interim release. The Luminary Law Group’s criminal law team has a strong track record of successfully advocating for clients at both bail hearings and reviews in front of the Court of Queen’s Bench.
If an individual is arrested and not released on conditions by the police, they will be held for a bail hearing. The Criminal Code ensures that everyone has the right to have their hearing before a Justice of the Peace within 24 hours of arrest. This hearing is vital as it determines whether the individual will remain in custody until their trial or be released.
If a bail hearing results in detention, it may be possible to bring the order before a Court of Queen’s Bench judge for review, with the aim of changing or replacing it. The law presumes innocence, and unless there are exceptional circumstances, a person charged with an offense should be granted reasonable bail. The decision to release an accused person pending trial is crucial for their liberty and the overall conduct of the case. The LuminaryLaw Group’s criminal law team has successfully advocated for many clients at both bail hearings and reviews. If you need assistance with bail, contact us to arrange a consultation with one of our criminal lawyers.