Submitting an application for one’s bail is not only a crucial process in ensuring you leave jail, but is important because most cases take months, or even years, for a criminal case to be resolved. However, the time it takes for an application to succeed shouldn’t determine how long someone should be forced to languish behind bars.
Given that this application process can be arduous, it is pivotal to seek assistance from the best criminal lawyers in Sydney. These lawyers should demonstrate a wealth of knowledge in advocating for clients at bail hearings, as well as a track record of successful outcomes, even in dealing with the most complex and challenging circumstances. This can be seen as particularly difficult when the charges held against someone are incredibly serious, to which the prosecution’s evidence seems concrete and valid.
How Can You IBail?
According to the law, only a “bail authority” may release you on bail.
A police officer, an authorised justice (such as a court registrar), or a court can serve as a bail authority.
The police may decide to provide you with “police bail” after charging you with a crime. This implies that you will be allowed to return to your neighborhood until you have to appear again later in court. Alternatively, they can opt to detain you in jail at the police station until you are required in court.
One must appear in court “as soon as practically possible.” This usually takes place the same day or the next morning.
Then, in court, our competent criminal defence lawyers can ask for your release on bail. This is referred to as a bail application or bail request.
What factors can influence whether one gets bail or not?
The Court will receive a copy of the Police Fact Sheet, which contains information on the charges that have been brought by the police. If you have a criminal history, a copy of those details will also be provided before a decision on your bail application is made.
Although the Court will proceed under the assumption that you are innocent, this does not mean that the Court will disregard the accusations mentioned by the police or your criminal record. If you demonstrate an extensive criminal past or have significant charges against you, your chances of receiving bail are reduced unless you can make a compelling case for bail.
The Court must consider all “bail issues” before deciding on your bail application. Bail concerns are concerns that, if you are let go from detention, you will:
- refuse to show up at any upcoming court hearings.
- commit a serious offence.
- endanger the community’s or the victims’ personal or collective safety.
- interfere with the testimony or the evidence.
What if the court denies you bail?
Unless you can justify that there are other grounds for a bail application, you typically only have one chance to request bail in the Local Court.
There are four “further grounds” that might be used to request bail in the same court. For example:
- If you did not have a lawyer when you first applied for bail and you now do
- When there is new, relevant material that was not previously shared with the court
- When factors affecting bail have altered after the first application (for example, where a defendant has fallen seriously ill and you are required to look after them)
- When you or a loved one is minor and you’ve only ever requested bail once
You can appeal for your bail application to be considered again in the Supreme Court if there are no further grounds.
How can Edeking Lawyers help?
At Eden King Lawyers, we frequently file bail petitions in Local and Supreme Courts.
Even in serious criminal cases, our team is here to assist you, in which one of our criminal lawyers in Parramatta demonstrates exceptional success rates, reassuring you with our experience when it comes to obtaining bail for you.
There’s no need to worry if your bail is denied at first, as our lawyers are able to submit a Supreme Court Release Application on your behalf if the Local Court denies your request for bail. Our success rates are unparalleled, compared to all other criminal law firms in Sydney.
