If you or a loved one ends up behind bars, bail may be the best form of relief in the short term. A bail application lawyer can guide you through applying for bail and represent you during your bail hearing.
What is Bail?
Bail authorises the police to release you from custody if you undertake to appear in court at a later stage for your criminal matter. To get bail, you must agree to the following:
- Attending the police station.
- Staying at a specific location.
- Finding someone to act as your surety.
You must adhere to your bail conditions. If you fail to do so, you could have sanctions of 30 penalty units or jail for a maximum of three months. Furthermore, police can issue an infringement notice for less serious breaches of your bail conditions.
For instance, they can furnish you with this notice if you pitch up late when you report to the police station. A record of your breach will appear on your criminal record.
Deposit
An accused person can provide a security deposit, which is similar to a surety, except the accused provides the deposit rather than a third party. If you don’t appear in court, you might forfeit your deposit.
Applying for Bail
The police are empowered to grant you bail at the police station.
You may also request bail. The police have to get you to court within a reasonable time so that you can ask the magistrate for bail. The magistrate will then deliberate on whether you should get bail.
If it’s outside courtroom hours, the police may call a bail justice to the station. This is an independent person (apart from a police officer) who decides whether you are eligible for bail. However, if bail is refused, you must remain in jail until the police can take you to court.
How Can a Bail Application Lawyer Help Me?
You should seek the services of a lawyer if you need assistance with applying for bail. They can advise you about your prospects of getting bail, and they could apply on your behalf or tell you it would be in your interest to do the bail application yourself.
A lawyer can also assist you with applying for bail again if the magistrate fails to grant you bail on the first occasion. You will be required to remain in custody until the next court date.
Suppose you have a cognitive impairment or mental illness. In that case, the police officer must get an independent third party to accompany you if a bail justice intends on proceeding with the bail hearing at the police station.
Undertaking of Bail
After the police discharge you, it’s required that you sign a form known as an ‘undertaking of bail’ before leaving. By doing this, you pledge to attend court on a specified date and agree to all the bail conditions.
Conclusion
Contact us now if you need more light shed on this issue. We have a wealth of knowledge from the matters we have dealt with and by being well acquainted with the ins and outs of the applicable legislation.
Sources
https://www.legalaid.vic.gov.au/being-released-police-custody
https://www.mcv.vic.gov.au/criminal-matters/bail-and-custody
