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Bail Hearings

Bail Hearing Lawyers

Our criminal defence lawyers will diligently represent your interests at your bail hearing to achieve the best possible outcome.

Judicial interim release, commonly known as bail, is an order of release by the Court. According to the Charter of Rights and Freedoms, a person charged with a crime has the right to seek bail as soon as reasonably possible. When an accused person is granted bail, they are able to remain out of custody while waiting for their matter to be resolved or attend trial on the caveat that specific conditions set by the court are followed. This means you will be released from custody on bail and await your next court appearance date to receive further information from the court. The conditions assigned may address the courts concerns that as the accused, you may leave the jurisdiction or refuse to attend future court appearances.

The factors considered when setting conditions include the suspected risk to re-offend, past criminal record and concerns of the complainant. The Court will listen to the arguments presented by both the Crown Prosecutor and your defence counsel before making a final determination on the conditions of your release.

Various aspects will be discussed such as the seriousness of the crime, previous criminal record, employment status, financial ability to pay, and potential threat to public safety. The lawyers at Roulston Urquhart Criminal Defence will fight for a reasonable payment amount and conditions, seeking the most agreeable Bail plan possible.


What is Bail?

Judicial interim release (bail) is an order of release permitting a person to be out of custody, on various conditions, while they await resolution of their matters that are before the Court. The conditions that will be imposed while you are on release will depend on a number of factors. This includes any previous criminal records, the strength of the Crown’s case, the severity of the offence and circumstances of the accused. The Court must be satisfied that you will not flee the jurisdiction, that there is not a substantial risk you will reoffend while on bail and that your release does not weaken the community’s confidence in the administration of justice.

Bail is one of the most important steps of the criminal court process. Your freedom depends on the ability of your defence lawyer to convincingly argue your case with conviction and accuracy. The lawyers at Roulston Urquhart have extensive experience in conducting bail hearings and are resolute in their advocacy for their clients’ interests.

Should I speak to the police about my release?

You are not under any obligation to speak to the police regarding your release. It is extremely important that you speak with your lawyer before providing any type of statement. Call Roulston Urquhart as soon as possible to speak about a bail hearing.

Can I change my bail conditions?

In order to change your bail conditions, you must receive consent from the Crown or apply to the Court of King’s Bench. At Roulston Urquhart Criminal Defence, we have assisted our clients in changing many types of release conditions. This includes varying the amount of cash bail required to secure your release, amending house arrest conditions to a possible curfew, or removing conditions preventing you from having contact with your partner or attending their residence. If you are seeking to change your bail conditions, speak with one of our lawyers immediately. We can strategically negotiate with the Crown Prosecutor, prepare an application to the Court of King’s Bench and make comprehensive submissions regarding the desired change.

What happens if I am released on bail?

Once you are released from custody, you must comply with the court-appointed conditions for your matter. You will be bound by these release conditions until your matter is concluded.

If you do not comply with a condition of your release, you can be charged for breaching your conditions which is a new criminal offence. This failure to comply may also result in the Crown Prosecutor making an application to revoke your bail and you would be forced to return to custody.

How can I improve my chances of receiving bail?

It is in your best interest to receive knowledgeable legal advice prior to your bail hearing. Our lawyers will develop a detailed strategy as we speak with you and thoroughly review your file. If you are in custody we will consider all available options to provide you with the best opportunity to secure your release.

Can I still receive bail even if I have been charged with a drug related or violent offence?

Roulston Urquhart Criminal Defence strongly upholds the presumption of innocence for all clients, regardless of the type of charge. We believe that regardless of the nature of your charges, you are entitled to bail unless the Crown Prosecutor can effectively prove why you should not be released.

Our lawyers have successfully obtained bail for clients facing all types of serious criminal charges including:

  • Murder
  • Conspiracy to Commit Murder
  • Aggravated Sexual Assault
  • Aggravated Assault
  • Importation of Drugs
  • Possession of Drugs for the Purposes of Trafficking (including quantities of drugs in excess of 3 kilograms)
  • Drug Trafficking
  • Production of a controlled substances (i.e. marihuana grow operations)
  • Kidnapping
  • Extortion
  • Robbery
  • Break and Enter/Home Invasion
  • Arson
  • Sexual Assault
  • Assault with a Weapon
  • Assault Causing Bodily Harm
  • Assault
  • Possession of money obtained by crime
  • Theft
  • Fraud
  • Possession of Stolen Property
  • Possession of Child Pornography
  • Distribution of Child Pornography
  • Production/Making of Child Pornography

Will I get released on bail?

Whether you will be released on bail is decided during a Judicial Interim Release Application (also known as a ‘bail hearing’). Securing an individual’s release depends on a number of considerations. The Court must be satisfied that you will attend your future court appearances and will not flee the jurisdiction, that there is not a substantial risk that you will re-offend or interfere with the administration of justice in the community, and, lastly, that releasing you will not weaken the community’s confidence in the administration of justice in light of the severity of the offence and the strength of the Prosecutor’s case.

Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.


R v M.A. [Lethbridge Provincial Court]

Offence: Drug Trafficking

Result: Client was released on bail.

The client was charged with possession for the purpose of trafficking after being found with over a 1000.00 grams of methamphetamine and over 200.00 grams of cocaine. The Crown Prosecutor opposed the release of the client pending trial. Tonii Roulston successfully argued the clients release and the client was granted bail.

R v S.P. [Taber Provincial Court]

Offence: Theft and Fraud

Result: Client was released on bail.

While on release on charges of false pretenses, theft over $5000 and fraud over $5000, the client was arrested for 6 additional charges including 3 new counts of fraud over $5000, a allegation of theft over $5000, and a new allegation of false pretenses. The client was released on bail.

R v T.P. [Cochrane Provincial Court]

Offence: Arson

Result: Client was released on bail.

T.P. was charged with arson in connection with a fire at the Morley Recreation Centre gymnasium.  The value of damage was estimated at 1 million dollars.  Crown counsel was opposed to T.P.'s release. Ms. Urquhart argued that T.P should be released on strict conditions particularly in light of what she described as a weak Crown case against her client. The Judge agreed with submissions of Ms. Urquhart and ordered her client's release on a no cash bail pending his trial.

R v J.R. [Calgary Provincial Court]

Offence: Fraud, Sexual Assault, Uttering Threats, Failing to Attend Court, Breaches of a Court Order.

Result: Client was released on bail.

The Client was charged with several counts of fraud, sex assault, uttering threats, failing to attend court, and breaches of a court order. The client had been arrested for missing a court date. Robin McIntyre was able to negotiate the release of the Client from custody pending trial. The Client was released on bail.