Bail Applications
When you are charged with a criminal offence you may find that you are not automatically released from the police station after being arrested and charged. If bail is not granted by the police when you are arrested you will need to make an application for bail in front of a magistrate.
It is important to note that a person has only one opportunity to make an application for bail before a Magistrate. It is therefore important to get it right. We recommend that if you are charged with a criminal offence that you get in touch with our office, or arrange for a family member to get in touch with our office immediately. We are available 24 hours a day to take your call and our expert Criminal Law Team has been drawn from experienced Defence Lawyers, former Police Officers and Prosecutors who have years of experience with bail applications and can put your case for bail to the magistrate as eloquently and persuasively as possible. It is important to obtain legal advice as soon as possible to increase your prospects of being granted bail on your first appearance before the court.
The court considers many factors when deciding whether or not to grant bail. You will need to convince the magistrate that:
- You will appear in court on the next occasion;
- You will not break the law while on bail;
- You are not a danger to the general public, witnesses or yourself.
Many considerations will come into play when the court considers your bail application. The more serious your offence is considered the more evidence you will need to supply to convince the court that you are not a risk to the community.
If you have a previous criminal history this may affect your chances of securing bail particularly if your previous offences are similar to the offence you are currently charged with or if you have committed offences while on bail. If you have failed to attend court in the past it will be necessary to explain to the magistrate the reasons for this failure and to provide a guarantee that it will not happen again.
Our expert Criminal Law Team will organise the evidence that is required to show the court that you should be granted bail. This includes advising the court what your permanent address will be if you are released on bail or arranging confirmation letters if you are entering a rehabilitation centre.
Our expert Criminal Law Team will also talk to your family to ascertain whether a surety can be offered to the court if you are granted bail. A surety can only be provided by a person over eighteen years of age who has no criminal convictions and who owns the property or money being offered as a surety.
If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 529, or email us at mail@quinnscattini.com.au
