Bail Applications

Our Specialist Criminal Lawyers are ready to help you get released from custody now! Call us on 1800 100 529 and let us help you get bail from the start! We are ready to alleviate the pressure associated with your situation and will deliver expert guidance, assistance, tactics, groundwork and superior court representation concentrated on your bail application.

What is bail? 

When a person is arrested and formally charged with a crime, they are entitled to apply for bail.

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?

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 a solicitor 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 us by calling 1800 100 529 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.

Defendants are permitted to apply for bail once ONLY in the Local Court, so it vital that you do it right the first time.

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 o important that you inform your solicitor of any and all factors which may impact upon your bail application. 

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.

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Want to achieve the best results now?

Meet with one of specialist criminal and traffic lawyers for a free case consultation. Simply fill in the contact form or call us now on 1800 100 529 and a Specialist Lawyer will be on contact with you straight away.

During your first consultation, we will listen to what you want, explain your case in detail, advise you on your options and make recommendations on how to defend the allegations. We will also provide you with an estimate for the professional work that is needed for your case or apply for a grant of Legal Aid.

All first conferences are obligation free.