Bail Applications
Has someone you know been charged with an offence and haven’t received bail? Are they currently sitting in a gaol cell, waiting to be released from custody? Pick up the phone today and give one of our criminal defence lawyers a call today. We can help you prepare bail applications and arrange sureties.
Bail is where a person charged with an offence promises to attend court on meeting certain conditions. At times the Police do not require bail or may bail a defendant to appear at Court.
What are Bail Conditions?
The Police may set bail conditions to include a person being a bail surety (that they pay money or offer security before the defendant is released, on bail). The fund/security is returned back to this person when the matter is finalised by the court. Regular reporting to the Police whilst on bail may be part of the conditions of the grant of bail. Not all matters require you to be put on bail.
Has your Bail been Refused?
If the Police refuse your bail, the matter should be quickly brought before a court. You can then apply to the court for bail. For certain offences including robbery, murder and sexual assault, it can be difficult to obtain bail for certain. Bail applications are judged on the type of offence, criminal history and the risks of skipping bail. The court at times also requests a "surety" (the deposit of money or security by an acceptable person) to ensure the defendant appears at court whilst on bail.
If bail is refused on the first occasion, any bail applications thereafter must first overcome certain hurdles, including establishing new facts or circumstances exist that wasn’t raised at the first bail application.
What is a Presumption Against Bail?
What a “presumption against bail” means is that it is harder for you to get bail as a result of the type offence you have committed. There is a presumption against bail for some offences or where a defendant has a certain history e.g. serious gun and weapons offences, certain repeat property offenders, offences committed in the course of riots or other civil disturbances, certain domestic violence offences, contravening a domestic violence offence and where a defendant is at liberty subject to a bond or is on bail for an unrelated offence.
We can’t emphasise enough that a bail application SHOULD NOT OCCUR UNTIL LEGAL ADVICE HAS BEEN RECEIVED. In other words, if you are legally represented, you only get “one bite of the cherry” unless you can convince the court that new facts or circumstances have arisen since the first bail application.
We have assisted many defendants in gaol, applying for bail.
Can I vary my Bail Conditions?
If you think your bail conditions are too harsh, we can help with changing your bail conditions.
At the Criminal Law Centre, we can look at the factors of your case and give you advice on the requirements and surety of bail. We also have extensive experience in taking rejected Local or District Court bail applications to the Supreme Court.
Under the current bail laws, if an unsuccessful bail application is made it is very difficult to have a second application. Take no chances with your bail application. We have extensive experience in bail applications. Call our Criminal Law Specialists at the Criminal Law Centre 24/7 on (02) 9891 4200. We are on your side.
