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Bail Hearings

Bail Hearing Lawyers in Edmonton

If you or someone you love has been arrested and held for a bail hearing, the next 24 hours matter. Our criminal lawyers build a release plan and argue for release on the least restrictive conditions possible.

Verdicta LLP's bail hearing lawyers in Edmonton act quickly for people held in custody after an arrest — preparing a release plan, speaking with the Crown, and representing the accused at the bail hearing and, if needed, a bail review.

How we help at bail

  • Consent release negotiations
  • Contested bail hearings
  • Surety and release plans
  • Bail variations
  • Bail reviews
  • Breach of release charges

Someone arrested right now? Call our criminal lawyers 24/7 at 587-974-8766.

How bail works in Alberta

After an arrest, police may release a person on an undertaking or appearance notice, or hold them for a bail hearing (also called a judicial interim release or show cause hearing). A person held in custody must be brought before a justice without unreasonable delay — generally within 24 hours.

At the hearing, the Crown usually has to show why detention is justified. For some offences — for example, certain offences committed while already on release — the onus is reversed and the accused must show why they should be released.

What the court considers

Under the Criminal Code, detention can only be justified on three grounds:

  • Primary ground — to ensure the accused attends court
  • Secondary ground — to protect the public, including any victim or witness
  • Tertiary ground — to maintain confidence in the administration of justice

A strong release plan addresses each concern directly — a suitable residence, a responsible surety, employment or schooling, and conditions that manage risk.

Types of release

  • Undertaking — release on a promise to attend court and follow conditions
  • Release order — with or without a surety, and sometimes with a cash deposit or pledge
  • Common conditions — no contact with named people, staying away from certain places, curfews, reporting, and abstaining from alcohol or drugs

Many bail matters resolve by consent

When a release plan answers the Crown's concerns, the Crown will often consent to release — avoiding a contested hearing and getting the accused home sooner. If bail is denied, we can apply for a bail review in the Court of King's Bench.

After release

Following every condition is essential: breaching a release order is a separate criminal offence and makes future release much harder. If a condition becomes unworkable, we can seek a bail variation. Learn more about our criminal defence lawyers in Edmonton.

FAQ

Frequently asked questions

Have a question that isn't answered here? Call 780-229-4559 or see all FAQs.

How quickly does a bail hearing happen?

A person held in custody must be brought before a justice without unreasonable delay, generally within 24 hours of arrest. The hearing itself may be adjourned for a short time so a release plan or surety can be arranged.

What is a surety?

A surety is a responsible person — often a family member — who agrees to supervise the accused while on release and may pledge money to guarantee they will follow their conditions. A good surety can make release much more likely.

What happens if bail is denied?

The accused can apply for a bail review in the Court of King's Bench. The review considers whether the original decision contained an error, or whether circumstances have materially changed.

Can bail conditions be changed later?

Yes. Conditions can be varied with the Crown's consent or by application to the court — for example, to allow work travel or contact with family.

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