Judicial interim release — more commonly referred to as “bail” — is the temporary release of a person who has been accused of committing a crime while their case progresses through the court system.
In most criminal cases, accused persons are released from custody on a promise to appear before the court hearing or a recognizance. However, in some circumstances, the police and prosecutor are unwilling to release an individual. This means that a bail hearing is necessary to determine whether the individual will be released from custody and under what circumstances the release would be allowed.
Securing bail requires the same painstaking preparation and careful handling as trial proceedings. Therefore, it is important to contact an experienced lawyer to help you get released on bail rather than being held in custody until your case is presented before the court. The Law Office of Patrick C Fagan, K.C. has successfully secured bail for hundreds of clients, even in tough cases, and is well-acquainted with the peculiar dynamics of bail applications.
Handling Calgary Bail Cases
In Canada, under the Charter of Rights and Freedoms, every person accused and charged with a crime can seek bail at a formal hearing. The bail process is a crucial part of the criminal process and can have a significant impact on the rest of the case.
At the bail hearing, the court will review the case and determine whether the accused person should be kept in custody or released on bail. The court’s final decision rests on several factors listed in section 515(10) of the Criminal Code of Canada, including:
- The severity of the crime
- The accused’s criminal record, financial situation, standing in the community, and employment status
- Whether the accused poses a threat to the safety of the public
- The likelihood that the accused will, if released from custody, commit a criminal offence
However, bail is by no means an absolute right. Accused persons are regularly ordered detained pending trial, which means that they can spend a long time held in custody until their case is finally heard by the courts — which can span several weeks or many months.
Getting help from an experienced Calgary bail lawyer, such as Patrick C Fagan, K.C., who has successfully represented hundreds of clients in bail hearings across Calgary, can make a huge difference in your case. Bail processes can take a long time and require the same attention to detail as trial proceedings.
35 Years of Experience With Calgary Bail
Patrick C. Fagan, K.C. has decades of experience handling bail proceedings in Calgary, Canada. Hundreds of clients have relied on his expertise to get released on bail, and he has successfully defended accused persons in many high-profile cases.
Bail for accused in Chestermere youth murder case
Patrick C. Fagan, K.C. successfully secured bail for a Chestermere teenager who was accused of killing a 16-year-old teen in 2001. The accused teen, 16, was charged with second-degree murder after a pre-arranged fistfight turned deadly.
During the bail hearing, the youth court judge sided with defence Calgary bail lawyer Patrick C. Fagan, K.C. and said there were no legal grounds to keep him in custody before the trial. Trithart was granted $500 bail and released to his parents.
After the hearing, Patrick C. Fagan, K.C. spoke to reporters on the steps outside the family and youth court in Calgary. “Obviously, he’s devastated by the death of Tyler and obviously his arrest last Friday. Being taken from his home, handcuffed, arrested for second-degree murder had a traumatic effect on him,” he said.
Bail decision in high-profile gang case riles police
Police were up in arms when three individuals arrested on gang-related charges were granted bail in a high-profile gang case. Patrick C. Fagan, K.C., one of the defence lawyers in the case, defended the court’s decision.
“All I’ve heard is allegations of gang affiliations,” said Fagan. “I have seen absolutely no evidence, no proof, of that. They’re all presumed innocent, and all of them had a solid hearing before a JP, and it was determined that it would not be contrary to the public interest to release them, and that’s what happened.
With a successful defence strategy from Patrick C. Fagan, K.C., the court released the three suspects charged with numerous offences on bail.
What are the consequences of Bail
Aside from impacting the mental health of the accused person, securing bail can also affect the overall defence strategy in the case. Oftentimes accused persons that are not released on bail face pressure to plead guilty since being held in custody can act as an impression of guilt. If you are not released on bail, your defence lawyer must contend with this when proving your innocence or reducing your sentence.
The Law Offices of Patrick C. Fagan, K.C. can help you craft a sound defence strategy for your bail hearing to prevent you from being held in custody while you wait for your case to be processed through the court system.
If the accused person is granted bail, the court will determine the amount of money, if any, that must be paid to secure the bail. The court may also impose other conditions that the individual must comply with, including reporting to probation, residing in a designated area, or attending court as directed. You must comply with the conditions of your bail until your case is resolved. Not doing so may lead to additional criminal charges.
How Patrick C Fagan, K.C. Can Help You
With long-standing experience in securing bail for his clients, Patrick C Fagan, K.C. understands the importance of securing release on reasonable terms in a prompt manner. From smaller offences to high-profile cases, Patrick C Fagan, K.C. has the skill and knowledge needed to successfully represent clients in bail hearings. To learn more about how the Law Office of Patrick C. Fagan, K.C. can help you, call 403-517-1777 or contact the office at email@example.com.