Secure Bail With
Alberta Bail Options.
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If you – or someone you care about – has been arrested, Alberta Bail Options is here to help.
Our lawyers are ready to take your call 24 hours a day, every day of the year.
Why Choose
Alberta Bail Options?
Track Record
Our lawyers have helped thousands of clients accused of crimes receive bail – even for the most serious offences.
1
Experience Matters
Our clients are released as quickly as possible with the fewest possible conditions.
2
No Stone Unturned
We don’t just handle bail hearings:
- KWe negotiate condition changes and exceptions.
- KWe run bail reviews for people already ordered detained.
- KWe fight for the return of cash deposits the Crown is trying to keep.
- KWe defend criminal charges for alleged breach of bail conditions.
3
Questions?
We’re sure you have questions and we’re happy to answer them – even in the middle of the night. Feel free to read our answers to some of the most common questions below, or just drop us a line. We don’t mind giving you the details over the phone.
I’m about to be arrested.
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Someone I care about has been arrested.
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I’ve already had a bail hearing and it didn’t go well.
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© Copyright 2021 – Alberta Bail Options – All rights reserved.
Past results are not indicative of future performance.
— I’ve already had a bail hearing and it didn’t go well.
The judge ordered me detained. Can you get me released?
Our lawyers have helped a lot of people in your shoes. Although it’s easier to arrange bail at the first hearing, it’s possible to change the court’s mind about your detention – especially when you live and breathe bail law as we do.
The process is called a bail review. Our lawyers have won so many they’ve lost count. No matter how disastrous your first bail hearing, there’s no reason to lose hope. Even if you had a lawyer for your first hearing, our lawyers bring a fresh perspective and a lifetime of bail expertise.
It takes a couple of months to arrange a bail review hearing, so call us now to get the ball rolling.
I’ve been released, but my bail conditions are ruining my life. Can you get them changed?
We’ve successfully negotiated thousands of condition changes of every type and for every kind of criminal charge. In our experience, there are very few bail conditions that can’t be reduced or removed with time, patience, and the efforts of our committed lawyers.
I’ve been invited to an event that’s important to me, but my conditions won’t allow me to attend. Can you get the court to make an exception?
Probably! We’ve had great results negotiating exceptions for weddings, funerals, business trips, and even vacations, both inside and outside the province. It helps to ask early, so give us a call to get that conversation with the prosecutor started.
The last time I was released on bail, I had to pay a cash deposit. Now that I’m being arrested again, is that money gone for good?
Not at all. There are special procedures a prosecutor must follow to take your bail deposit, and we know every strategy to prevent that from happening. Since it involves more court appearances on our part, we’ll charge you extra, but we have a very strong success rate getting your money back to you.
How much is this going to cost?
Everyone who’s been ordered detained or given unreasonable conditions is going to have slightly different needs. Call us and we’ll provide you with an immediate quote that suits your situation.
How do I pay you?
There’s never a convenient time to be arrested, and our payment options reflect that. We accept cash payment, bank draft, or money order at our office between 6:00 a.m. and midnight, or you can pay by e-transfer 24 hours a day.
I have a question that’s not answered here.
Then give us a call! Alberta Bail Options helps people in your situation for a living. We enjoy doing it, and whatever your concern, we have the answer. Don’t worry about waking us up – we’re available to talk 24/7.
— I’m about to be arrested.
How much do you charge?
What does your fee cover?
We promise there won’t be any surprises. We’ll take the time to explain exactly what’s covered by our quote.
Sometimes the court will demand a cash deposit before they’ll grant bail. Please note that payment for our legal services does not contribute towards any cash bail amount ordered by the court.
How do I pay you?
There’s never a convenient time to be arrested, and our payment options reflect that. We accept cash payment, bank draft, or money order at our office between 6:00 a.m. and midnight, or you can pay by e-transfer 24 hours a day.
My friend, romantic partner, or family member is also going to be arrested. Can you help both of us get bail?
Usually, but it depends on the circumstances. Sometimes what’s best for one client isn’t best for another. If an individual lawyer is unable to assist multiple people, Alberta Bail Options has multiple highly-skilled lawyers available. We can ensure everyone who needs a lawyer gets one.
I’m about to be arrested or turn myself in. What happens next?
It is important to talk to a lawyer immediately. The manner in which you turn yourself in, down to what you wear, what you say, and what you take with you can make the difference between winning and losing your case come trial.
Everyone charged with a crime is arrested, but not everyone who is arrested is kept in jail until trial. No matter what crime you’re charged with, you are entitled to be treated as innocent until proven guilty. You are eligible to apply for bail – to be released from jail until your trial.
In Alberta, the initial bail hearing is usually held by telephone. Telephone bail hearings take place between 8:00 a.m. and 12:00 a.m. every day.
So this all happens over the phone?
If your situation is complicated, or the prosecutor is behind schedule, they may decide the bail hearing needs to be held at the courthouse. The law requires that you be taken before a Judge within 24 hours of your arrest, but if your bail hearing moves to the courthouse, prosecutors and judges with full schedules will often pressure you to delay. It’s common to wait a week or more before your initial bail hearing.
We fight for our clients to prevent delays like that.
Does everybody get bail?
No. While bail is possible for any criminal charge – even murder – there are three reasons why a court might decide that you should not be released before trial.
First, the court may have concerns that if they let you go, you won’t show up for trial. The more serious the charges, the more concerned the court will be. This is often an issue if:
- you have ever run from police.
- you have missed court dates in the past.
- you have a life outside of Alberta that would tempt you to flee the province.
Second, the court might worry that if they release you, you’ll be a risk to the public. This is especially likely to affect you if:
- you’ve been charged with a crime in the past, and you disobeyed your bail conditions.
- you’ve been charged with a crime in the past, and committed more crimes while on bail.
- you’ve been charged with a serious offence.
- you’ve been charged with an offence where the accused often breaks their bail conditions, like drug trafficking or sex crimes.
Third, the court can deny you bail to maintain public confidence in the justice system. This reason is most likely to be used if the case against you appears ‘open and shut’, if the charge is serious, and if the allegations involve one or more of the following:
- a firearm
- domestic violence
- a criminal gang
- a vulnerable victim, like a child or a senior
- a violent, heinous, or hateful offence
The prosecutor and the court are most concerned about protecting the public. They are not concerned about protecting you.
How these three reasons for denying bail are applied to your case depend on whether you have somebody at the bail hearing looking out for your interests. Alberta Bail Options has the experience and legal knowledge to make sure bail principles are applied fairly and favourably.
What if I already have other charges? Can I still get bail?
Yes, but it’s not easy. The prosecutor will probably try to revoke your bail on the old charges, and judges will question why you are alleged to have reoffended while on bail.
Fortunately for you, we’ve handled this situation countless times. Give us a call and tell us more about your circumstances: we’ll help you understand your odds, and our strategy for your release.
What if I’m already serving a sentence? Is there any point contesting bail?
It’s more important than you might think. The decisions the court makes at your bail hearing can seriously impact how your time served is calculated. If you have no lawyer present, those decisions aren’t likely to go your way. The initial phone call to Alberta Bail Options costs nothing. Talk to us about your circumstances and we’ll explain the options available to you.
Where will I be held after my arrest? Can friends or family contact me?
At first, they’ll be held at the police station where the arresting officer takes them, or the police station where they turned themselves in. If they’re arrested in a larger urban centre, they’ll probably be transferred after a few hours to an arrest processing facility.
If the bail process is delayed and they’re held in custody for longer than 24 hours, they’ll be transferred to the nearest remand centre, which is a prison reserved for people awaiting trial.
It’s possible for friends and family to contact them at each location, but it’s not always obvious how, and it’s not always quick.
Unlike your phone conversations with a lawyer, your phone calls with friends and family are often being recorded and can be used to prosecute both you and whoever contacts you. We can provide advice to everyone involved about which subjects shouldn’t be discussed over the phone.
How long will I be in custody if I don’t get bail?
Until trial. Depending on the offence, the prosecution has up to two and a half years from the day of your arrest to bring you to trial. Some trials take longer to schedule, although the prosecution risks having the case dismissed for delay. This is cold comfort if you’ve already spent years behind bars.
Do I have to speak at my bail hearing?
There is no obligation on an accused person to speak at a bail hearing. It is important to have a lawyer who can provide advice on when to speak, and when not to speak. Saying the wrong things at a bail hearing can have devastating effects on potential defences that may be available at trial.
Where will I be kept if I don’t get bail?
You will be held in a remand centre, which is a prison for people awaiting trial. Remand is a dangerous, unpleasant place.
Conditions in Alberta prisons where people serve their sentences are much better than remand. Accused people in Alberta who aren’t granted bail often plead guilty before trial just to escape the horrible conditions in remand.
If I’m released on bail, will the court put restrictions on how I live my life?
Yes. These restrictions are known as bail conditions. Giving yourself the best chance of release is only half the reason to hire a skilled bail lawyer: we also work hard to make sure the conditions of your release aren’t a burden.
The prosecutor and the court do not have your best interests in mind. They have the protection of the public in mind, and it is their job is to make sure you don’t run away or endanger the public. Without a skilled advocate protecting your interests, your bail release conditions may be extreme:
- You might be forced to allow police to search your vehicle, house, or even your body without a warrant.
- You might not be allowed to drive, only be allowed to drive certain vehicles, or be required to have someone with you when you drive.
- You might be restricted from leaving the house at night, or leaving the house at all.
- You might not be allowed to have a cell phone, access the internet, or even touch a computer.
- The court may make it illegal for you to have any contact with your romantic partner, your friends, or your own family.
- You might be required to report in person every week to a bail supervisor.
- Police may knock in the middle of the night to check if you’re home.
We know what’s appropriate and what’s not. We know what’s normal and when the prosecutor is being unfairly aggressive. Most importantly, we fight for every client to make sure your conditions fit your lifestyle, and that you aren’t burdened by a single unnecessary condition.
What happens if I breach my conditions after I’m released?
We’ll be here to help. We’ve seen every kind of condition breach and we don’t judge – our only concern is making sure you’re well-represented and well-treated during every experience you have with the justice system.
We have years of experience representing clients who have been accused of breaching their bail, and we’re successful getting most of them a second chance. Give us a call and we’ll figure out the best way to ‘put out the fire’. Your legal problems never look as hopeless to us as they may to you.
Is it worth it to hire a lawyer to defend a charge of breaching my conditions? The evidence against me seems pretty strong, and I’ve heard the punishment if I’m convicted is really minor.
You’ve heard wrong. Breaching your bail conditions is a criminal offence, and there’s nothing minor about a criminal conviction of any kind. The conviction will go on your criminal record. It will affect your employment, education, ability to volunteer, and where you can travel outside the country. If you already have a criminal record, it still matters: nothing complicates future bail applications like a history of condition breaches.
A breach charge is well worth defending. In the dozens of breach acquittals we’ve achieved for our clients, we’ve learned the evidence is rarely as strong as it seems. The facts of a typical breach prosecution might be simple, but bail breach law is highly technical, and the lawyers of the Alberta Bail Options know it inside and out.
If you’re unsure, give us a call and tell us about your situation. We’ll walk you through how we’d defend your case, and then you can make an informed decision about what you want to do.
Will bail require depositing millions in cash with the court?
No. The Canadian bail system is nothing like the American system, which often requires accused people to deposit spectacular amounts of money for release. However, Canadian prosecutors can still demand a significant cash deposit during bail negotiations. We have an excellent track record of securing our clients’ release with no cash deposit required.
If you’re concerned about what sort of cash deposit the court might ask you or your family to pay, give us a call and let’s talk. We’ll give you an estimate, and we’ll tell you how likely it is that our lawyers can avoid a cash deposit order entirely.
The last time I was released on bail, I had to pay a cash deposit. Now that I’m being arrested again, is that money gone for good?
Not at all. There are special procedures a prosecutor must follow to take your bail deposit, and we know every strategy to prevent that from happening. Since it involves more court appearances on our part we’ll charge you extra, but we have a very strong success rate getting your money back to you.
I don’t have much money. Should I go ahead with the bail process on my own, and save my money for a lawyer at trial?
Going it alone is a bad idea. The bail process is complicated, and its outcome can matter more than the trial itself.
People who are denied bail often decide to plead guilty to avoid spending months or years in dangerous, overcrowded pre-trial prisons, known as remand centres.
Even if you don’t plead guilty, you will never regain the time lost in remand. You will probably lose your job, and you won’t be able to cover your rent or mortgage, meet your family obligations, or pay for the best possible trial lawyer. Your trial lawyer will also not be able to give you the best possible defence, which often requires strategies that rely on their client being out of prison.
We will make sure you have a lawyer you can afford.
What will a good lawyer do for me that I can’t do myself?
If you wouldn’t rewire your own house, you shouldn’t handle your own criminal defence. When your life is at stake, trust the those who have solved situations like yours thousands of times:
- We’ve negotiated bail with most prosecution offices in the province, and argued for bail in front of a good portion of the judges.
- We know how to strengthen any bail proposal, including working with your family on a detailed plan that reassures the court you’re suitable for release.
- We know whether you’re better off having your bail hearing in front of a Justice of the Peace or a Provincial Court judge.
- We know which release conditions are reasonable, and which conditions proposed by a prosecutor are unjust – and when the judge asks why we object, we know what case law to quote to explain to the court the constitutional reason why the prosecutor’s proposed conditions are unjust.
A good lawyer will also make sure that neither you, nor the people who care about you, say or do anything during the bail process that accidentally hurts your defence at trial. Accused people unrepresented by a lawyer, even intelligent and knowledgeable accused people, routinely make that mistake.
The justice system is complicated and unforgiving. It’s easy to make a seemingly harmless statement to a friendly face that has major consequences later. You don’t know which pieces of the puzzle the police and the prosecutors still need to make their case, and until you do, it’s wise to have a lawyer do the talking.
Can I try it by myself, and then bring in a lawyer later if it doesn’t go well?
Mistakes made by a self-represented accused at the bail stage aren’t easy to fix. Any harmful statements you accidentally or unwittingly make to police, prosecutors, or a judge can’t be unmade. If you’re denied bail or given harsh release conditions and then decide to get a lawyer, there are no ‘do-overs’. The wait for a bail review is usually about two months. The judge hearing the bail review will be less open-minded about releasing a person that another judge has already ordered detained, or changing the conditions another judge has already imposed.
I’ve heard about lawyers called ‘duty counsel’ who will help with bail for free. Can I just use them?
In Alberta, at the bail stage, often the government subsidizes defence lawyers to act for accused people who can’t afford a lawyer. The justice system relies heavily on duty counsel to function, but they’re not the right choice for everyone.
Before using duty counsel, be aware they are extremely busy. The wait to speak with duty counsel is usually measured in hours on a weekday morning, and meetings with duty counsel are usually short. They rarely have time to make the enquiries about personal and familial circumstances necessary for a strong bail proposal. Typically, they are not available for advice outside of the courthouse, and they do not ‘follow’ files: at every court appearance you’re likely to start from square one with a new duty counsel and another multi-hour weekday wait.
Once a file is in court, overworked prosecutors will often seek to adjourn the bail hearing for days, sometimes weeks. Duty counsel often consent to those adjournments because of their own workloads. Alberta Bail Options is prepared to fight those adjournment applications to have your loved one’s bail hearing heard within 24 hours. When we do occasionally advise delay, our clients can be sure it’s for a legitimate strategic reason.
When do I need to hire a lawyer?
Immediately. Court cases often take more than a year to resolve, but the bail process happens fast. In many cases a person is released – or ordered detained until trial – on the same day they’re arrested.
While it’s possible to delay a bail hearing, in our experience bail is usually easier to obtain if it’s handled right away. The case against bail often strengthens as the police collect and organize evidence, and as prosecutors spend time reviewing that evidence and preparing for court. Sometimes hours can make the difference.
I have a question that’s not answered here.
Then give us a call! Alberta Bail Options helps people in your situation for a living. We enjoy doing it, and whatever your concern, we have the answer. Don’t worry about waking us up – we’re available to talk 24/7.
— Someone I care about has been arrested.
Can I hire you to help somebody else get bail?
Yes. After you hire us, we contact the arrested person wherever they’re being held and let them know that you’ve brought us in to help. They get to choose whether they want us to be their lawyer. If they agree, the arrested person is our client and we’ll take our marching orders from them.
More than one person I care about has been arrested. Can you help all of them get bail?
Often yes, but it depends on the circumstances. Sometimes what’s best for one client isn’t best for another. If an individual lawyer is unable to assist multiple people, Alberta Bail Options has multiple highly-skilled lawyers available. We’ll make sure everyone who needs a lawyer gets one.
How much do you charge?
Every arrest is a little different – we adjust our rates to the circumstance. Call us for an immediate quote: we have a lawyer you can afford.
What does your fee cover?
We promise there won’t be any surprises. We’ll take the time to explain exactly what’s covered by our quote.
Sometimes the court will demand a cash deposit before they’ll grant bail. Please note that payment for our legal services does not contribute toward any cash bail amount ordered by the court.
How do I pay you?
There’s never a convenient time to be arrested, and our payment options reflect that. We accept cash payment, bank draft, or money order at our office between 6:00 a.m. and midnight, or you can pay by e-transfer 24 hours a day.
Where is a person held after arrest? Can I contact them?
At first, they’ll be held at the police station where the arresting officer takes them, or the police station where they turned themselves in. If they’re arrested in a larger urban centre, they’ll probably be transferred after a few hours to an arrest processing facility.
If the bail process is delayed and they’re held in custody for longer than 24 hours, you’ll be transferred to the nearest remand centre, which is a prison reserved for people awaiting trial.
It’s possible for friends and family to contact them at each location, but it’s not always obvious how, and it’s not always quick.
Unlike phone conversations with a lawyer, phone calls with friends and family are often being recorded and can be used to prosecute both you and whoever contacts you. We can provide advice to everyone involved about which subjects shouldn’t be discussed over the phone.
My friend or loved one is in jail. Now what?
Everyone charged with a crime is arrested, but not everyone who is arrested is kept in jail until trial. No matter what crime they’re charged with, they are entitled to be treated as innocent until proven guilty. They are eligible to apply for bail – to apply to be released from jail until their trial.
In Alberta, the initial bail hearing is usually held by telephone. Telephone bail hearings take place between 8:00 a.m. and midnight every day. A duty prosecutor will review the file and negotiate with the accused’s lawyer about the possibility of releasing them. That first conversation between their lawyer and the prosecutor matters more than most people realize. A good lawyer can often make a deal for their release right on the spot.
So this all happens over the phone?
If the situation is complicated, or the duty prosecutor is behind schedule, they may decide the bail hearing needs to be held at the courthouse. The law requires an accused person be taken before a judge within 24 hours of a person’s arrest; but if the bail hearing moves to the courthouse, prosecutors and judges with full schedules will often pressure the accused to delay. It’s common to wait a week or more for the initial bail hearing.
We fight for our clients to prevent delays like that.
Does everybody get bail?
No. While bail is possible for any criminal charge – even murder – there are three reasons why a court might decide that an accused person should not be released before trial.
First, the court may have concerns that if they let the accused go, they won’t show up for trial. The more serious the charges, the more concerned the court will be. This is often an issue if:
- they have ever run from police.
- they have missed court dates in the past.
- they have a life outside of Alberta that would tempt them to flee the province.
Second, the court might worry that if they release the accused, they’ll be a risk to the public. This is especially likely to affect them if:
they’ve been charged with a crime in the past, and they disobeyed their bail conditions.
- they’ve been charged with a crime in the past, and committed more crimes while on bail.
- they’ve been charged with a serious offence.
- they’ve been charged with an offence where the accused often breaks their bail conditions, like drug trafficking or sex crimes.
Third, the court can deny bail to maintain public confidence in the justice system. This reason is most likely to be used if the case against the accused appears ‘open and shut’, if the charge is serious, and if the allegations involve one or more of the following:
- a firearm
- domestic violence
- a criminal gang
- a vulnerable victim, like a child or a senior
- a violent, heinous, or hateful offence
The prosecutor and the court are most concerned about protecting the public. They are not concerned about protecting your friend or loved one.
How these three reasons for denying bail are applied to their case depend on whether they have somebody at the bail hearing looking out for their interests. Alberta Bail Options has the experience and legal knowledge to make sure bail principles are applied fairly and favourably.
What if my friend or loved one already has other charges? Can they still get bail?
Yes, but it’s not easy. The prosecutor will probably try to revoke their bail on the old charges, and judges will question why the he/she didn’t obey their first bail order.
Fortunately, we’ve handled this situation countless times. Give us a call and tell us more about the circumstances: we’ll help you understand the odds, and our strategy for achieving your loved one’s release.
What if they’re already serving a sentence? Is there any point applying for bail?
It’s more important than you might think. The decisions the court makes at their bail hearing can seriously impact how their time served is calculated. If they have no lawyer present, those decisions aren’t likely to go their way. The initial phone call to Alberta Bail Options costs nothing. Talk to us about the circumstances and we’ll explain the options available to you.
The bail hearing already happened, and they were ordered detained. Can you still help?
Absolutely: we’ve helped a lot of people in that situation. Although it’s easier to arrange bail at the first hearing, it’s possible to change the court’s mind about a person’s detention – especially when you live and breathe bail law like we do.
The process is called a bail review. We’ve won so many we’ve lost count. No matter how disastrous the first bail hearing, there’s no reason to lose hope. Even if they had a lawyer for their first hearing, we bring a fresh perspective and a lifetime of bail expertise.
It takes a couple months to arrange a bail review hearing, so call us now to get the ball rolling.
How long will somebody stay in custody if they don’t get bail?
Until trial. Depending on the category of offence they’ve been charged with, the prosecution has up to two and a half years from the day of their arrest to bring them to trial. Some trials take longer to schedule, although past that point, the prosecution risks having the case dismissed for delay. This is cold comfort to someone who has already spent years behind bars.
Where will they be kept if they don’t get bail?
They will be held in a remand centre, which is a prison for people awaiting trial. Remand is a dangerous, unpleasant place.
- ‘Frequent flyers’ with transient lifestyles and mental health problems are common in remand.
- Inmates who will end up in maximum-security prisons after trial share remand facilities with inmates who belong in minimum-security settings.
- Due to provincial budget issues, remand is overcrowded. They’ll likely share a cell with one or two other inmates.
- They may be involuntarily transferred to a less crowded remand centre elsewhere in the province, away from their family and friends.
Conditions in Alberta prisons designed for people actually serving criminal sentences post-trial are substantially better than in remand. Accused people in Alberta who aren’t granted bail often plead guilty before trial just to escape the horrible conditions in remand.
Would it help if I spoke on their behalf at the bail hearing?
It’s possible, but every case is different. As we review their case and prepare for the bail hearing, we’ll be asking both you and your loved one many questions that will give us a better idea how to improve their chances of release. We work with you to develop a detailed bail plan to present to the court. If part of that plan involves you speaking on their behalf, we’ll make sure you’re feeling prepared and confident.
If they’re released on bail, will the court put restrictions on them? Could those restrictions affect me?
Yes. These restrictions are known as bail conditions. Giving an accused the best chance of release is only half the reason to hire a skilled bail lawyer: we also work hard to make sure the conditions of their release aren’t a burden and don’t affect their loved ones.
When designing a release plan, neither the prosecutor nor the court have the accused person’s best interests in mind: their job is to make sure the accused doesn’t run away or commit any more crimes, and without a skilled advocate protecting their interests, bail release plans can become extremely invasive for both the accused and the people in their life.
The prosecutor and the court do not have the best interests of the accused in mind. Their job is to make sure the accused doesn’t run away or commit any more crimes. Without a skilled advocate protecting the accused’s interests, their bail release conditions may be extreme:
- The court may make it illegal for the accused to have any contact with their romantic partner, their friends, or their own family.
- They might be forced to allow police to search their vehicle, house, or even their body without a warrant. If that house or vehicle is shared, the people sharing it can be impacted and their possessions disturbed.
- They might not be allowed to drive, only be allowed to drive certain vehicles, or be required to have someone with them when they drive.
- They might be restricted from leaving the house at night, or leaving the house at all.
- They might not be allowed to have a cell phone, access the internet, or even touch a computer.
- They might be required to report in person every week to a bail supervisor.
- Police may knock in the middle of the night to check if the accused is home, even if the residence is shared and they wake everyone else up.
We know what’s appropriate and what’s not. We know what’s normal and when the prosecutor is being unfairly aggressive. Most importantly, we fight hard for every client to make sure their conditions fit their lifestyle, which includes everyone who they share their life with.
What happens if they breach their conditions after they’re released?
We don’t give up on a client in trouble. There are all kinds of ways for a breach to occur, sometimes accidentally, sometimes as the result of an overly aggressive police officer, and it’s rarely the end of the world. We have years of experience representing clients who have been accused of breaching their bail, and we’re successful getting most of them a second chance.
Give us a call and we’ll figure out the best way to ‘put out the fire’. Legal problems never look as hopeless to us as they may to you.
Will bail require depositing millions in cash with the court?
No. The Canadian bail system is nothing like the American system, which often requires accused people to deposit spectacular amounts of money for release. However, Canadian prosecutors can still demand a significant cash deposit during bail negotiations. We have an excellent track record of securing our clients’ release with no cash deposit required.
If you’re concerned about what sort of cash deposit the court might ask you to pay, give us a call and let’s talk. We’ll give you an estimate, and we’ll tell you how likely it is that our lawyers can avoid a cash deposit order entirely.
The last time my loved one was released on bail, I had to pay a cash deposit. Now that they’re being arrested again, is my money gone for good?
Not at all. There are special procedures a prosecutor must follow to take your bail deposit, and we know every strategy to prevent that from happening. Since it involves more court appearances on our part we’ll charge you extra, but we have a very strong success rate getting your money back to you.
I don’t have much money. Should I let my loved one handle the bail process without a lawyer, and save my money to help them with a lawyer at trial?
Letting them go it alone is a bad idea. The bail process is complicated, and its outcome can matter more than the trial itself.
People who are denied bail often decide to plead guilty to avoid spending months or years in dangerous, overcrowded pre-trial prisons, known as remand centres.
Even if they don’t plead guilty, they will never regain the time lost in remand. They’ll probably lose their job, and they won’t be able to contribute to the rent or mortgage, meet their family obligations, or pay for the best possible trial lawyer. Their trial lawyer will also not be able to give them the best possible defence, which often requires strategies that rely on their client being out of prison.
We will make sure they have a lawyer you can afford.
What will a good lawyer do for a client that they can’t do for themselves?
If you wouldn’t let a loved one rewire their own house, you shouldn’t let them handle their own criminal defence. When a life is at stake, trust the experts who have solved situations like theirs hundreds of times:
We’ve negotiated bail with most of the prosecution offices in the province, and argued for bail in front of a good portion of the judges.
We know how to strengthen any bail proposal, including working with you on a detailed plan that reassures the court your loved one is suitable for release.
We know whether an accused is better off having their bail hearing in front of a justice of the peace or a Provincial Court judge.
We know which release conditions are reasonable, and which conditions proposed by a prosecutor are unjust – and when the judge asks why we object, we know what case law to quote to explain to the court the constitutional reason why the prosecutor’s proposed conditions are unjust.
A good lawyer will also make sure that neither you, nor your loved one, say or do anything during the bail process that accidentally hurts their defence at trial. Accused people and their supporters, even intelligent and knowledgeable people, routinely make that mistake.
The justice system is complicated and unforgiving. It’s easy to make a seemingly harmless statement to a friendly face that has major consequences later. You don’t know which pieces of the puzzle the police and the prosecutors still need to make their case, and until you do, it’s wise to have a lawyer do the talking.
I’ve heard about lawyers called ‘duty counsel’ who will help with bail for free. Can we just use them?
In Alberta, at the bail stage, often the government subsidizes defence lawyers to act for accused people who can’t afford a lawyer. The justice system relies heavily on duty counsel to function, but they’re not the right choice for everyone.
Before using duty counsel, be aware they are extremely busy. The wait to speak with duty counsel is usually measured in hours on a weekday morning, and meetings with duty counsel are usually short. They rarely have time to make the enquiries about personal and familial circumstances necessary for a strong bail proposal. Typically, they are not available for advice outside of the courthouse, and they do not ‘follow’ files: at every court appearance you’re likely to start from square one with a new duty counsel and another multi-hour weekday wait.
Once a file is in court, overworked prosecutors will often seek to adjourn the bail hearing for days, sometimes weeks. Duty counsel often consent to those adjournments because of their own workloads. Alberta Bail Options is prepared to fight those adjournment applications to have your loved one’s bail hearing heard within 24 hours. When we do occasionally advise delay, our clients can be sure it’s for a legitimate strategic reason.
Can I bring in a lawyer later if it doesn’t go well?
Mistakes made by a self-represented accused at the bail stage aren’t easy to fix. Any harmful statements they accidentally or unwittingly make to police, prosecutors, or a judge can’t be unmade. If they’re denied bail or given harsh release conditions and then decide to get a lawyer, there are no ‘do-overs’. The wait for a bail review is usually about two months. The judge hearing the bail review will be less open-minded about releasing a person that another judge has already ordered detained, or changing the conditions another judge has already imposed.
When do I need to hire a lawyer?
Immediately. Court cases often take more than a year to resolve, but the bail process happens fast. In many cases, a person is released – or ordered detained until trial – on the same day they’re arrested.
While it’s possible to delay a bail hearing, in our experience bail is usually easier to obtain if it’s handled right away. The case against bail often strengthens as the police collect and organize evidence, and as prosecutors spend time reviewing that evidence and preparing for court. Sometimes hours can make the difference.
I have a question that’s not answered here.
Then give us a call! Alberta Bail Options helps people in your situation for a living. We enjoy doing it, and whatever your concern, we have the answer. Don’t worry about waking us up – we’re available to talk 24/7.