Bail – 3 Keys to unlock your chances of Bail

There are 3 key things that you need in order to increase the chances of getting bail in Queensland:

Keys to Bail:

  1. Proof of employment;
  2. Somewhere appropriate to live if granted bail; and,
  3. A lawyer with a proven track record with Bail Applications.

These 3 keys are important because in all bail applications the court needs to make an assessment of:

  • Your character;
  • Your risk of re-offending; and,
  • The strength of the case you are facing.

Proof of Employment:

Proof of employment is important because it shows ties to the community.  If you can get a letter from the boss or some current pay-slips to your lawyer prior to the bail hearing, it will help!

Accomodation:

Somewhere “appropriate” to live is also important. If you are charged with a serious crime, and the victim is your neighbour, it is going to be helpful to have an alternate address away from the “victim” of the alleged crime.

Ideally in another suburb or region.

This goes to the issue of “risk of re-offending”. Finding out who can accomodate the person on bail is helpful. That address should be provided to the lawyer so the police can check the suitability of the accommodation.  Try to avoid nominating an address where the people have criminal records (if possible).

A Bail Lawyer:

Finally, it is important to have a lawyer who understands bail applications.  This is because many people are remanded due to the “perceived” strength of the evidence against them. A good lawyer can help show that the case may not be as strong as the police allege.

Caloundra Criminal Lawyer, Rowan King, has obtained bail for people charged with Murder, Drug Trafficking, Dangerous Driving and other serious offences.

What is Bail?

Bail is essentially a promise to the Court that you will come to court when required. It will also set out conditions for your release, generally including:

  • No contact with witnesses or the victims;
  • Residential conditions;
  • Reporting obligations or curfews (when appropriate); or
  • A monetary surety (in appropriate cases).

In most circumstances, everyone has a right to bail. When arrested the Police will issue bail from the watch house, or if there is a show cause event, or a risk, they will remand you until the next court sittings for you to see a Magistrate.

Factors Considered by the Court:

The Court will then look at:

  • A summary of the evidence and your history which is provided by the police;
  • The nature of the offence
  • The history of compliance with bail and court orders in the past
  • The strength of the police case
  • The defendant’s character

This is to allow the magistrate to assess the risk of the defendant:

  1. Failing to attend court if released;
  2. Committing offences if released;
  3. Interfering with witnesses of the alleged crime; or
  4. Endangering the safety of themselves or the community.

If you apply for bail in the Magistrates Court and it is refused, bail can also be applied for in the Supreme Court.

If granted, then Bail is a written promise (or ‘undertaking’) to return to court. If you don’t keep your promise (i.e., if you breach bail), your bail can be revoked and you can go back to prison until your matter is determined on a final basis.

Don’t do it alone, let RK Law defend your future:

At RK Law, we are equipped to handle bail in every court!

If you are concerned about your rights regarding bail, if your loved one has been arrested and you don’t know what to do, or if you have been refused bail in the Magistrates or District Court, contact RK Law today to assist you!

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