Bail Application Lawyers
Best Bail Application Criminal Lawyers
Secure the strong legal defence you deserve
Top Bail Application lawyers
Our Team of Criminal Lawyers has a proven track-record of obtaining bail across Sydney Court Houses.
Bail Applications Sydney
Sydney Leading Bail Application Lawyers
Bail Applications are an extremely important stage in all criminal proceedings. If you are bail refused, you could remain in custody for months or years pending the resolution of your charge. That is why it is important to have our Sydney Bail Lawyers ready to assist in all release applications. If you or anyone you know has been charged with a criminal offence and is bail refused our experience lawyers can help. Â Contact us today.
How do i get bail?
A Bail authority is allowed to grant you bail. This can include a registrar, magistrate or judge. If the police have refused you bail, you will be taken as soon as practicable to a courthouse to appear ordinarily before a presiding magistrate. At this time, your Criminal Defence Lawyer can make an application for your release.
How is bail determined by a Magistrate or Judge?
In Australia, the Bail Act 2013 (CTH), refers to a two-step process that applies in release application depending on the type of alleged offences. Some release applications require the applicant to “Show Cause” as well as determining whether there is an “Unacceptable Risk”.
What is Show Cause?
Show Cause bail applications apply to defendants over 18 who are charged with certain offences or have committed further alleged serious offences whilst on conditional liberty. Section 16B of the Bail Act lists all the circumstances that will trigger a release application to be “Show Cause”.
How can I Show Cause?
Cause can be shown through a combination of different factors or a single powerful factor. These factors include but are not limited to:
- Weakness in the prosecution case
- Family circumstances
- Treatment needs that cannot be taken care of in custody due to poor custodial conditions.
- Delay in proceedings
- Youth
After the court is satisfied you have shown cause why your detention is not justified, the court will need to consider the “unacceptable risk test”.
What is the unacceptable risk test?
Underan assessment of the below four bail concerns when determing whether a person may or may not be a unacceptable risk:
(a) fail to appear at any proceedings for the offence, or
(b) commit a serious offence, or
(c) endanger the safety of victims, individuals or the community, or
(d) interfere with witnesses or evidence.
The court will consider the factors under s18 of the Bail Act when making the assessment whether a person is an unacceptable risk.
These factors include but are not limited to:
- Bail conditions that have been proposed.
- Antecedents
- Criminal History
- Strength of prosecution case
- The need to be free to prepare case
- History of compliance with court orders
Our Experienced Bail Application Criminal Lawyers can assist with your bail application. Contact us Today.
Bail Act 2013
Our team will ensure you have the best representation to get released from custody as swiftly as possible.
Bail Application Lawyers
What do I need to get bail?
In order to prepare an effective bail application, you need to ensure you have all the relevant material to support the application. This could include sworn affidavits, treatment plans, stringent bail conditions and proof of residential supervision.
Our Bail applications lawyers understand the need to prepare a well thought out application to give you the best chance of obtaining bail. Our bail application lawyers will assist you in preparing all the documents required.
Case Study – Bail Application Lawyers – Criminal Lawyers Group
Our bail application lawyers appeared for our client who was arrested and charged with an allegation of Sexual Assault. He was arrested one year after the alleged incident. At his bail hearing the prosecution argued that he was a flight risk because he was not an Australian Citizen and did not have strong community ties. Our Bail Application Lawyer Specialist, Steven Mercael, argued that his client was aware if the investigation for over one year and did not leave the state. Further, he called sworn evidence from his family explaining his community ties and assurance through a substantial surety. Further, our bail application lawyer argued that the case against his client was extremely weak and lacked any detail or corroborating evidence. Ultimately, the Magistrate granted bail with stringent bail conditions.
Case Study – Bail Application Lawyers – Criminal Lawyers Group
Our Bail application lawyers, appeared for our client who was arrested and charged with supplying a large commercial amount of drugs. The application was heard in the Supreme Court and our bail application lawyers argued for his release on the basis that the case was weak and that there were stringent conditions that could be imposed. Our bail application lawyers dissected the brief of evidence and showed that the phones used during the alleged offending were used by numerous syndicate members and it would be impossible to prove when the client was utilising the phone. Further, our bail application lawyer cross examined the officer in charge of the matter to corroborate the instructions from the client that he was the victim of several unlawful searches in the lead up to his arrest with no charges laid. This raised a concern about the foundation of the charges against our client. Ultimately the client was granted bail on condition akin to house arrest.
Case Study – Bail Application Lawyers – Criminal Lawyers Group
Our bail application lawyers appeared for our client who was arrested and charged with kidnapping offences. The allegation was that our client had kidnapped a male individual for ransom. Our client was alleged to have used a firearm during the offence and shot at an individual who tried to intervene. The case against our client was circumstantial and relied upon a roll over witness who became an informant for the police. After dissecting the brief and issuing a number of subpoenas, our bail application lawyers obtained evidence that the informant witness had an extensive criminal history and had provided different versions to police identifying our client. Further, the informants’ statements were carefully examined by our bail application lawyers and ultimately our client was granted bail on stringent conditions. Our client was ultimately found not guilty of the charges and had we not got our client bail early in the proceedings he would have spent in excess of two years in jail for an offence he did not commit.
Bail for $300000 proceeds of crime charges
Criminal lawyer, Steven Mercael, appeared at the Supreme Court on Friday and obtained bail for his client who is alleged to have spent $300,000 proceeds of crime on gold bullion. Mr Mercael convinced the judge that the case against his client was not a strong one and that his client was a young man who should be granted bail to support his partner and others who relied upon him. Mr Mercael wasn’t paid in gold bullion for a job well done, but was happy to help nonetheless.
Our Experienced Criminal Lawyers can assist with your bail application. Contact us Today.Â
Steven Mercael​
Principal Lawyer​
Frequently Asked Questions
Bail is the temporary release of an accused person awaiting the resolution of a pending criminal case.
The amount that should be paid as a bond depends on different factors such as the seriousness of the charge, the persons status in Australia (I.e. citizen or visa holder) and the person community ties. Generally, the higher the bond the better the risk of failing to appear is addressed.
The cost of our legal services varies depending on the complexity of your legal matter. We offer transparent and fair pricing and will provide you with an estimate of our fees before we begin working on your case.
A person has the choice to have a barrister in a bail application. Barristers can assist in the applications instructed by one of our criminal lawyers. Our lawyers appear daily in bail applications with and without barristers which varies on a case-by-case basis.
Please contact us if you cannot find an answer to your question.