Having an experienced Lawyer prepare your bail application can be the difference between incarnation or freedom . Maspero Legal have more than 27 years experience of preparing successful bail applications and can ensure you or your loved one’s application is as strong and accurate as possible thus increasing the chances of release from prison.
After being charged with an offence, the Police make a decision on the spot about letting you go (releasing you) or bringing you back to the Police Station to charge you. They then either release you on bail, let you go all together or keep you in custody with bail refused.
If the police refuse to release you – you should engage an experienced Bail Lawyer to make an application for your bail.
In determining whether to grant you bail or not, a court has two major considerations:
1) If you need to “show cause”
With many offences such as those of a serious nature or ones involving sex and firearms, you are required to justify to a court reasons why you should be released on bail, known as “showing cause”. Some crimes such as murder or commercial drug importation are considered so serious that bail is usually only granted under exceptional circumstances.
As part of showing cause, a Court considers a number of factors with an overall view of do you pose an unacceptable risk to the community if you were to be released into the community. Factors that may become part of your bail application / showing cause include your level of involvement in the offence itself, your family and community ties along with prospects of rehabilitation. Other factors may include how long until your trial is likely to occur along with the strength of the Prosecution’s case.
If the offence you have been charged with is not a show cause event, you must be released from custody unless you pose an unacceptable risk to the community (discussed below).
2) Any concerns a Court may have around granting you bail
Commonly known as “bail concerns”, the second part of a bail application involves the Court giving close consideration to the following concerns
– Are you likely to commit further offences if released on bail?
A court will look at your criminal history in making this determination.
– Will you attend court and report to Police when required to?
Any history of failing to attend court or comply with orders will be looked at closely along with current living arrangements i.e are you homeless. Another factor commonly considered under this factor is are you a flight risk ie is it likely you will flee the country before you are brought to trial.
– Is it possible you might interfere with witnesses or any evidence?
– Are you a danger to the community and/or victims of the crime you are accused of committing?
Finally, If the court has hesitations about any the above bail concerns, they may impose bail conditions such as surrendering your passport or reporting to the nearest Police Station on a daily basis. A common bail condition is providing security (money) where you agree to forfeit money if you don’t attend court. Sometimes instead of money you may be able to provide other security such as property.
Providing these concerns are able to be addressed through bail conditions, a court must grant you bail.
With 27+ years experience in the preparation of successful bail applications, call Maspero Legal today on 8052 3322 so we can help fight for your freedom.