The Canadian Charter of Rights and Freedoms provides that “Any person charged with an offence has the right… not to be denied bail without just cause.” At Danyluik Law Group we strive to ensure that every client’s right here is upheld.
Individuals may be arrested and released by the police with a court date and fingerprinting set in a Promise to Appear and even have some conditions placed on them via an Undertaking. However, release may be done in any of the following circumstances as dependent on the individual case and needs.
Bail on Serious and Complex Criminal Matters
On some charges, such as Murder, release may only be spoken to before a Justice of the Court of Queen’s Bench. That alone takes time to co-ordinate. So too does an appropriate release package and plan where the Crown is opposed to release on serious and complex matters beyond a homicide where release may be spoken to in Provincial Court. Particular attention to detail and design is made in each application where any or all combinations of residence confirmation, employment confirmation, letters of reference, cash/surety confirmation, psychological assessment, written briefs, case authorities and other materials may be prepared. Timing and place are also considered and explained to the client.
In successfully arguing for or negotiating the initial release, or overturning the denial of release for individuals charges with Murder, major Narcotics Trafficking, Sexual Assault, Robbery, Aggravated Assault, weapons offences, major frauds and thefts, and other serious and complex offences, Mike has developed a deep pool of precedents and formulas to assist clients in obtaining release for such offences whether in the first instance or in appealing an initial or even second denial. In the end as each client is a unique individual with a unique case before them, such that achieving release for individuals in the past does not necessarily equate to release in future applications. Strength of the case against a client, their history and personal circumstances and many other factors come into play. Some individuals are denied bail pending trial. Should this be the case, the reasons for denial will be fully canvassed with the client and their identified support network.
Bail at or shortly after first appearance
In many instances bail can be spoken to in a less formal and protracted manner often at a client’s first appearance in court a day or in the next few days following their arrest. Again, critical attention to detail, design, timing and place of application, and required materials are made to proceed with a negotiated release or contested bail hearing.
In either instance above the client and their identified support network will be guided through the process such that it is fully understood, nothing is missed and the optimum application or negotiation is made.
After Hours Bail
At times individuals may find themselves in a position where the state is agreeable to release on a cash or no cash deposit where they are brought before a Justice of the Peace within 24hrs of their arrest. Often times, such clients will require the assistance of counsel to guide them through this. Similarly, some who find that the state is opposed to their release may wish to speak to bail before the Justice of the Peace where allowable within the 24 hour window. As few have the luxury of timing their arrest or coming before a Justice of the Peace it may well be that such appearance is outside of ordinary business hours.
With Justice of the Peace hearings now dealt with by Crown Prosecutors it is more important than ever to have legal assistance if speaking to your release in such circumstance. To assist, we have a trusted group of counsel who are available to receive your call, provide advice regarding speaking to authorities and whether to speak to release at that time and if so to conduct the hearing with them. If you, a member of your family or a friend is in such need please call 780-868-7898 or 1-604-818-3883.