If you are arrested and charged by the Police they can decide to either grant or refuse you bail. If you are released on bail this can be either with or without certain conditions.
If you are refused bail by the Police they must take you before a court as soon as possible so that a Magistrate can decide whether you should be granted bail or kept in custody until your matters are determined. Your bail hearing may occur at a court near the station you where were arrested or, on weekends, it will take place at Parramatta.
In determining whether you should be released on bail the court must consider if there are any ‘bail concerns’. These concerns include whether or not you would:
Attend court if granted bail
Commit further offences if granted bail
Endanger the safety of the victims, witnesses, or the community
Interfere with any witnesses or evidence
In order to be granted bail you need to show the court that there are suitable conditions that could be imposed that would address these concerns.
Unless new circumstances arise you generally only get one chance to make a bail application. For this reason, it is important to get expert legal advice immediately if you or someone you know has been refused bail. At Marsh Blom Lawyers we are former prosecutors which means we have conducted more bail applications that just about any other criminal lawyers. We know the law, the cases, and how to best present your case to increase the likelihood of you being granted bail. Your first consultation is free and we offer fixed fees for most of our services.
Parramatta 74/48-50 George St Parramatta NSW 2151
Southern Highlands Lvl 2, Suite 14, 9 Clarence Street, Moss Vale NSW 2575
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