What Is Your Next Step Once You Have Been Charged With A Criminal Offence?
In the event that the police do not release you on bail, then you will need to appear in court. At your first court appearance, consideration will be given as to whether an application is to be made for bail. If so, a determination is then made by the court as to whether bail is to be granted.
The court has the power to refuse bail or grant bail under the Bail Act 1992. In support of a bail application, you may have to “show cause”. This means that you will have to satisfy the court as to why you should be granted bail and not kept on remand. There are many factors that a court will take into account when considering bail applications. If the court has ordered that you show cause, this generally means that it may be more difficult to successfully bring an application for bail forward.
Can You Apply For Bail And What Are The Conditions?
MAKING A BAIL APPLICATION
If you have not been granted bail, then you may apply for bail. In consideration of a bail application, there are four factors that the court must determine before it will consider granting bail. They are:
Will you attend your next court date when you have to?
Will you commit any serious offences whilst out on bail?
Will you endanger any person or the community whilst out on bail?
Will you interfere with witnesses or evidence relevant to the proceedings whilst on bail?
If the court is satisfied as to the results of these enquiries, then in all likelihood, bail will be granted. However, it is very likely there will be conditions imposed on that bail.
BAIL CONDITIONS SET BY THE COURT
There are different types of bail conditions that can be set by the court. These might include being ordered to:
Report to the police every day.
Live at a particular address.
Surrender your passport.
Not to associate with specific people.
Not to go within a certain distance of a specific place.
Obey a set curfew.
If the conditions of your bail undertaking are breached, then it is open to the police to arrest you and bring you back before the court. The court will then consider whether bail is to be revoked or continued with additional conditions imposed.
RE-APPLYING FOR BAIL
If you were refused bail on the occasion of the initial application, then a further application for bail can be made if there is a change in circumstances This would include whether you have new information to bring to the court’s attention or whether you are under the age of 18 years when the initial application was made.
When Should You Consult A Lawyer?
Brydens Lawyers should be consulted as soon as you have been charged with an offence or suspect that you will be charged. Having the guidance and advice of an expert criminal lawyer can help you understand your rights in regards to the complexities of the legal system. By consulting a criminal law expert from Brydens Lawyers, you are giving yourself a better chance of success than if you were to undertake this matter on your own.
What Are The Legal Costs Involved?
Bail will often require the giving of security. Security usually involves the payment of bail money into the court to be held as security to ensure you attend court on future dates. Sometimes security can be property instead of money.
When it comes to legal costs and fees, these will differ depending on various factors. To discuss your situation further with a criminal law expert, contact Brydens Lawyers as soon as possible.
Why Are Brydens Lawyers The Right Representation For You?
Brydens Lawyers have a proven track record of success when it comes to criminal defense cases. Our team have a comprehensive understanding of the criminal law in Australia, and we can assist you in the defence of any criminal charge brought against you. With a respected 50-year history in NSW, Brydens Lawyers can offer expert legal advice and guidance to give you the best possible outcome. If you require urgent legal advice, then get in touch with us as soon as possible.
