Melbourne Criminal Lawyers Balot Reilly
462 William St Melbourne West VIC 3003
It is important to contact our best criminal lawyers in Melbourne for Bail Applications if you are remanded in custody or where an application for revocation of bail in Melbourne is made against you.
In Australia Bail is an agreement by you to attend court at a given time. In practice, getting bail means that you are released from custody (i.e. from gaol or the police station) on certain conditions, including the condition that you will appear in court on the next court date.
If you have been charged by police, a decision on whether you will be granted bail should be made as soon as reasonably practical. If bail is refused at the police station, you will then need to apply for bail in court. Our team of criminal lawyers in Melbourne and throughout Australia can then professionally and diligently apply to the court to release you on bail, with a set of conditions offered by us and deemed appropriate by the court to ensure your attendance in court on a future date.
Failure to appear in court when required or a breach of a special condition of bail can not only result in bail being revoked by a court and being placed back into custody, but also a separate prosecution for breach of bail which is punishable by imprisonment.
WHY CHOOSE BALOT REILLY CRIMINAL LAWYERS IN MELBOURNE FOR A BAIL APPLICATION
• We have access to psychologists and drug rehabilitation facilities.
• We have extensive bail application experience in all courts in Melbourne and throughout Australia.
• For our meticulous planning, organization and execution in court.
AM I LIKELY TO GET BAIL?
The factors that determine whether or not you are granted bail include the likelihood that you will appear in court on a given date, the likelihood that you will not commit any further offences whilst on bail and comply with your bail undertaking.
Our Melbourne criminal lawyers success rate in getting bail is very high in Melbourne and throughout Australia.
TEST APPLIED BY THE COURT TO GRANT BAIL
Another important factor is the type of offence that you are charged with. For some offences there is a presumption in favour of bail, for example - possession of a small quantity of a drug, theft, assault, fraud, etc.
An offence that might appear obvious to the lay person to be worthy of bail, may be seen by the court as an offence that warrants the refusal of bail because it fits in a category of offences requiring specific tests to be made out by the applicant or hurdles to overcome. The presumption will determine which party, the defence (you) or the prosecution has to positively persuade the judge to grant or refuse of bail.
WHAT CONDITIONS ARE PLACED ONCE BAIL IS GRANTED?
Apart from having to attend court, a wide variety of conditions can be placed upon your bail bond. Conditions such as reporting to a certain police station on a regular basis and/or live at a certain residence (e.g. your parent's place) and/or not leave your home at certain times of the day (curfew), not to approach or associate with certain persons (e.g. an alleged partner/s in crime) or approach certain places, not to leave the state or country and to surrender your passport.
Also if you are granted bail and the court determines that a surety needs to be lodged your family or friends need to put up money or an interest in real property equivalent to the amount required by the court.
WHAT IF I DON'T COMPLY WITH MY BAIL CONDITIONS?
If you breach any of your bail conditions, without a reasonable excuse, you can be arrested and put in gaol, you will then be brought before the court and your bail may be revoked. If that occurs, it is highly likely that you will not receive bail again, however Balot Reilly criminal lawyers, if you have a reasonable excuse for your failure to comply with your bail conditions or offering further conditions to satisfy the court that you will comply with your obligations of bail on the future.
WHAT IF I'M REFUSED BAIL?
In Magistrates courts throughout Australia you can make as many bail applications as you like, provided that you have new facts and circumstances in support of your application, this is not easy to demonstrate. So it's important to get it right the first time!
If you are still unsuccessful you are entitled to apply to the supreme court without showing new facts and circumstances. At Balot Reilly criminal lawyers we have been involved in some of the most important bail cases/precedents under the bail law. Our Criminal Lawyers will give you the best chance to succeed in your bail application.
HOW CAN I GET MY BAIL MONEY/PROPERTY BACK?
After your matter is finalised, you (and/or your surety) are allowed to submit for your bail to be refunded, provided of course that you appeared in Court on all occasions. Alternatively, if you want to apply for release of surety before the conclusion of the case, you can do so in open court but it’s highly likely that the person whom you are a surety for will be placed in gaol until a new surety is found. At Balot Reillycriminal lawyers we can try to negotiate the release of your surety and keep the accused on bail.
For more Australian Legal information please go to http://www.austlii.edu.au
WHAT TO DO WHEN YOU'RE IN COURT AND YOU NEED HELP FROM THE BEST CRIMINAL LAWYER IN MELBOURNE?
It's never too late contact an expert criminal lawyer for bail applications from Balot Reilly to immediately assist you in court and to fight for you. You can contact our office on 03 9326 6606 or our 24/7 emergency hotline 0421 905 576.
WHAT TO DO WHEN YOU'RE IN COURT AND YOU'RE UNHAPPY WITH YOUR CRIMINAL LAWYER IN BAIL APPLICATIONS ?
462 William Street Melbourne West, Victoria 3003