Bail is an agreement between you and the Court that you will turn up at some predetermined time in the future. This means you are released from police custody so long as certain conditions are met.
What to do if you are charged and denied bail
Bail needs to be arranged as soon as possible after an individual is taken into custody. If bail is refused, we can help you to apply for bail in court at the next opportunity. This application is important, and needs to be done correctly and promptly – people usually need assistance with good bail applications.
Will I get bail?
Whether or not you are granted bail depends entirely on your circumstances and the risk of committing further offences while on bail, and complying with general bail conditions.
Tests for bail
Despite the appearance of ‘minor’ offences that may seem to warrant immediate release on bail, sometimes tests are required. This can result in either the prosecution or your defence lawyer having to persuade the judge to support the grant or refusal of bail.
Conditions of bail
You may be required to:
- Report to a certain police station at regular intervals
- Live at a certain location (for example at a parent’s house)
- Obey a curfew (not leave the house between say 8pm and 8am)
- Not associate with or approach certain people (co-offenders, victims, etc.)
- Not go near certain locations (residential homes of victims/co-offenders, scene of the alleged crime, etc.)
- Money or assurance needs to be paid to the court as assurance
What happens if you break bail
Breaching bail conditions without a good reason may see you re-arrested and plonked straight back in jail. You will then be back in court and may have your bail revoked, and in that scenario, bail is not likely to be offered again. It can be defended in certain circumstances – ask Vanessa Ash for help in this case. If there is a good defence or the court hasn’t complied with its obligations correctly, there is a chance to get bail again.
Refusal of bail
If you are refused bail, you need legal help – Vanessa Ash can put together an excellent application to the court to help convince them that you should be released on bail.
Getting the bail bond back
Once the case is resolved, you and/or the person who put up the bond can apply to have the bail refunded. This is, of course, if the charged person has complied with bail restrictions completely. If the surety (the person putting up the bond or property) wants the bond back before the case is finished, this can be done in open court, however the accused person is likely to be put back into gaol until a new surety is found.
Vanessa Ash can negotiate this on your behalf and fight for bail.
Write your own story. Call Vanessa Ash and Associates today.