Bail Lawyers
Bail allows individuals to remain free while awaiting trial, but it doesn’t imply innocence. Defendants have the right to apply for bail, but breaching bail conditions can lead to re-arrest and serious penalties. Understanding these rights and responsibilities is essential.
EXPERIENCED BAIL APPLICATIONS LAWYERS
Based on years of experience in criminal cases, many criminal cases (first-time offenders) have a common problem, that is, mistakes made during police interrogation . Mistakes that are easily avoided often increase the difficulty of subsequent criminal defense and may even cause decisive damage to the case.
If you are a suspect in a crime, or are being investigated for a crime, the police may ask you to go to a police station or ask you questions directly after arresting you. You have the right to remain silent – meaning you don’t have to answer the police’s questions, you don’t have to make any statements, and you don’t even have to take part in a police interview – unless you choose to cooperate.
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Bail is the temporary release of a criminal defendant while he or she awaits trial. The police and the judge have the power to grant or deny bail. If bail is granted, the defendant is temporarily released. If bail is denied, the defendant will remain in custody while he or she awaits trial.
As mentioned above, local, regional and high court judges in NSW (as well as the police) have the power to grant or refuse bail. The Court of Criminal Appeal also has this power after a lower court has made a bail decision. The Bail Ordinance requires all courts to review the application for bail when hearing it, rather than considering whether the previous bail decision (if any) was correct.
Bail or refusal of bail decided by the local or regional courts can be reviewed by the High Court or the Court of Criminal Appeal. It is worth noting that both the defendant and the prosecutor have the right to apply for a review of the bail decision by a higher court.
a. The defendant's background and criminal record, living conditions, and social contacts ;
b. the nature and seriousness of the alleged offence ;
c. How likely is it that you will go to jail if convicted ;
d. Whether there are legitimate reasons for the need for freedom of movement during the litigation period ;
e. Whether the defendant has a good record of complying with legal orders ;
f. How likely is it that the prosecution will succeed ?
g. Whether the defendant is a gang ;
h. Whether the defendant has taken any adverse action against the victim or his family after being charged ;
i. If bail is unsuccessful, the length of time the accused will be detained depending on the length of the case ;
j. Whether the defendant has a habitual tendency to violence ;
k. Whether releasing the defendant on bail would be a danger to the local community ; and
l. Whether the defendant is suspected of being a member of a terrorist or extremist organization.
To help the judge resolve the risk of the defendant being inadmissible, you need a team of lawyers who are experienced in bail for serious criminal offenses. Remember, the more time you have to prepare bail materials (within a limited time frame), the greater your chances of success.
If you or your friends or family members have been accused of a serious crime, please contact the criminal law team of Brightstone Defence immediately: P: 02 9223 1999 ; M: 045 008 8200
At the end of 2014 , the " reasonable grounds " test was added to the Bail Ordinance . If the defendant is over 18 years old and charged with some specified serious crimes, he will need to explain to the judge why he should not be detained to apply for bail. The judge can consider any credible evidence or information in accordance with Section 31 of the Bail Ordinance . If the evidence provided by the defendant is more likely than the contrary evidence provided by the prosecutor to prove that he has reasonable grounds not to be detained, the judge can release the defendant on bail (Section 32 of the Bail Ordinance ).
The principle of presumption of innocence can prevent people from being punished without being convicted. It is an important system to check the power of the government and ensure that people are not imprisoned or punished without reason. Even so, the principle of presumption of innocence does not work unconditionally. The bail procedure can ensure the implementation of the principle of presumption of innocence while taking into account important considerations such as social security and the implementation of criminal law.
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