Bail

Bail lawyers – Parramatta Blacktown Sydney

The process of applying for bail can be one of the most frightening experiences for Accused people and their families. Bail applications are high stakes because, if unsuccessful, a person may stay in prison for weeks, months or years, waiting for their case to finalize. This is a terrifying prospect for someone who has never been to gaol and may not think themselves tough enough to survive. Even for people who have been in and out of prison before, the prospect of being refused bail is confronting because it rips them away from their lives: Their children, wives, family and friends all gone but for a couple of hours visits at correctional centres and 6 minute phone calls. Employers often can’t wait their employees to be released and universities don’t stop courses. The impact of being refused bail can be devastating.

How do I get bail

When you have been charged by the police, you may be granted this “police bail” immediately. If this is the case, it means that you can be released into the community and largely go about your normal life until your case finishes. Depending on the severity of the offence, you may need to comply with certain conditions to meet the terms of your bail, such as being required to reside at a specific address, abiding by a curfew, and to report to the nearest police station.

If the police refuse bail at the station, then you will be taken to appear before the nearest court and can make a further bail application at that time. If you are refused bail at the Local or District Court, you can appeal the decision to the NSW Supreme Court. In some circumstances, you make a second application to the Local or District Court.

When is bail granted?

Bail is sometimes relatively easy to obtain. In less serious cases, the court will consider only the following bail concerns:

  • Whether a person will fail to appear at any proceedings for an offence;
  • Whether a person will commit a serious offence
  • Whether a person will endanger the safety of victims, individuals or the community, or
  • Whether a person will interfere with witnesses or evidence.

In assessing the above bail concerns, the court will consider (among other things) your community ties (employment, family, etc), criminal record, the seriousness of the offence, and the strength of the case, and whether there are bail conditions that can limit any the likelihood of any bail concern being realized.

For more serious offences, it is harder to be granted bail because an Accused person is required to show cause as to why they should be released. Common ways cause is shown is a weak prosecution case, being young and in custody for the first time, medical, mental health or a need for drug and alcohol rehabilitation.

If you are granted bail, the bail is usually conditional. Common conditions usually include:

  • That you are to reside at a certain address.
  • That you observe requirements as to your conduct while on bail. This may include a curfew, reporting to police, restrictions on you associating with specified persons or visiting specified places.
  • That one or more acceptable person(s) acknowledge that they are acquainted with you and regard you as responsible and likely to comply with the bail undertaking.
  • That you and/or one or more acceptable person(s) will forfeit an amount of money if you fail to comply with your bail undertaking.
  • That you surrender any passport held by you.

At Australian Criminal Law Group, we frequently get bail for our clients against the odds. For these type of offences you need an expert criminal lawyer as blowing an opportunity for bail can mean you spend significant time in custody.

Contact us to book a FREE first consultation


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