What is bail?
When a person is arrested and formally charged with a crime, they are entitled to a bail application.
Bail allows an accused person to remain in the community until their case before the court is finalised.
Bail can be obtained in a number of ways, and comes with certain conditions which serve to assure the state of NSW that they will appear in court and to reduce the risk to community. Failure to comply with all the conditions of bail will result in a warrant for the persons arrest, and any financial surety being forfeited.
What is surety?
A surety is a person that guarantees in writting, that the defendant will attend court after being granted bail. The surety is required to deposit a security which is forfeited if the accused fails to appear in court. This may include money or equity in property.
How do I get bail in Sydney?
There are normally two occasions where a person can get bail. The first occasion is after the person is arrested and charged by police. The police have the power to grant bail from the police station. If this does not occur, then the person has the right to make a bail application, with the help of lawyers at the first court appearance.
Criminal Law Procedure dictates that the person must be brought before the court ‘as soon as practicable’, which is usually the same day or the following morning. It is vital that you get legal advice from qualified lawyers before any application for bail. This is to ensure that all the required documentation is professionally prepared and presented in court to increase the chances of being released. Reach our team by calling 1800 100 529.
Defendants are permitted to apply for bail once ONLY in the Local Court, so it is vital that you do it right the first time. This is one of the reasons that engaging professional lawyers for your bail application is essential – it increases your chance of success.
Can I get bail?
Obtaining bail often relies on individual circumstances. Factors such as the nature of the offence, community concerns and guidelines, may all have an impact on whether or not an application for bail will be successful. Being charged with a serious drug offence or crime involving a high level of violence such as murder and robbery may reduce the chances of getting bail.
Other factors that may be a barrier to being granted bail is if you already have certain offences on your criminal record, if you are currently on a bond, or if you have breached bail in the past.
Having strong community and family ties is a factor which may assist in securing bail. Therefore, it is important that you inform the lawyers for your bail application of any and all factors which may impact it.
Refused Bail in the Local Court? Appeal to the Supreme Court
If you have been refused bail by the Local Court you may apply for bail to the Supreme Court. If your case has been transferred from the Local Court to the District Court you may apply for bail at the District Court. Our expert Criminal Lawyers will look after you in this difficult time and help you prepare for this kind of appeal.
Contact us now to arrange a meeting for advice on the best options for you.