Bail lawyer and Bail applications in Townsville
If the police want to speak to you about a criminal offence, don’t delay getting advice. Getting the right advice from an experienced criminal lawyer can be the difference between being convicted of an offence or successfully defending an offence. It can also be the difference between you being granted bail and being held in custody until your matter is resolved which can be months or years in some cases.
Applying for Bail
If you have been charged with a criminal offence, the police may allow you to go “at large” or they may release you on bail. Bail is a promise to the court that you will surrender to court when required to do so. The alternative is that the court may determine you are held in custody and oppose your bail. Generally, people only have one chance to make a bail application so making sure you get it right the first time is crucial. We regularly represent those who are in this situation. The best step is to seek legal advice to increase your changes of successfully applying for bail.
An overview of bail
In simple terms, bail is a written promise to appear before the Court after you have been charged with a criminal offence. That promise can come with conditions, which are known as bail conditions. For example:
Reporting condition: you may have to report to the police station between certain hours on certain days
Residential condition: you may be required to reside at a particular address
If you don't appear before the court as promised, this is known as failing to appear and is considered a serious offence in Queensland.
Different types of bail
Watch House Bail: If you have been arrested and charged, the police may allow you to leave custody by granting you watch house bail. You will have to attend Court on the date stated on your bail undertaking, and comply with any conditions.
Magistrates Court Bail: If the police refuse watch house bail, you can apply to the Magistrate Court for bail. If you are granted bail by the Court, the police must release you after you’ve signed your bail undertaking.
Supreme Court Bail: Depending on the offence, bail may need to applied for at the Supreme Court. Also if a Magistrates COurt refuses to grant you bail, you can make an application for bail in the Supreme Court.
Bail considerations
When assessing your application for bail, the court considers the following:
The probability of you appearing in court
The risk of you committing further offences
Any risk you pose to the community
The likelihood that you will interfere with witnesses / the investigation
Whether you should be kept in custody for your own protection and welfare
Previous failures to attend court
The circumstances of the offence and the strength of evidence
Your background and community connections
The amount of time you will spend in custody if bail is refused.
Once you have been granted bail, you will be entitled to remain in the community in the period leading up to your next Court date.
Show cause bail applications
Generally you have an entitlement to bail - this means there is a presumption that you should be granted bail unless the Prosecution can satisfy the court that you shouldnt be granted bail (having regard to the above factors). There are some circumstances where that presumption does not apply and you are required to show cause as to why it would be unjust for you to remanded in custody - this is referred to as a show cause bail application and the test is an extra requirement on an accused person who is applying for bail when charged with certain offences. These include some offences if it is alleged they are committed while you are already on bail. Some domestic violence related offences and sexual offences, murder, weapons offences. If you are in a show cause position, you must provide evidence of why you should not be held in custody.
Unsuccessful bail applications and reapplying for bail
If you apply to the court for bail and your application is unsuccessful (bail is refused by the court) you will be remanded in custody until your matter can be resolved, this can take months or even years in some cases. Bail applications must be prepared and submitted in a specific manner to be successful and effective. There are limited circumstances where you can reapply for bail.
Choosing the right bail lawyer
We regularly make successful bail applications for our clients. If you (or one of your loved ones) are charged with an offence contact us as soon as possible. When you contact our team of experienced criminal lawyers about representing you for a criminal offence, know that we are here to help. We will explain the whole process, reduce any reputational damage, give you options and fight for you.
