Bail is a written obligation, otherwise known as an “undertaking” to return to court to deal with your matters.
Application for bail can be applied for if you’re a defendant and you want to be released from custody while waiting for your charges to be dealt with at court.
CHOOSING THE BEST BRISBANE CRIMINAL LAW FIRM
Cullen Lawyers has experience and success in all aspects of QLD and NSW applications for bail specifically for criminal law in Brisbane.
An application for bail needs to be properly prepared and submitted to be effective. If it is not and bail is refused, you will be remanded in custody until your sentence.
Cullen Lawyers has an extremely high success rate of gaining bail for the majority, if not all of our clients over the years.
Cullen Lawyers can also help to take the confusion and fear out of being accused of a crime by taking you through the process, step by step.
HOW CAN A CRIMINAL LAWYER REPRESENT ME?
Cullen Lawyers’ aim is to obtain the best outcome possible in the criminal matter you are facing. Our law firm can be entrusted with your information and safety. All of our matters are constantly focused on achieving the best results for our clients and their families during a stressful and unsure time, especially during the application for bail.
When trying to find a lawyer, people look for the quickest and most organised law firm to respond and assist. When faced with a situation of police questioning, being given search warrants, being taken to a watchhouse, needing assistance with bail or facing a situation of unfamiliarity, Cullen Lawyers will be there to help you through the process and protect your rights. We understand getting a lawyer to help arrange bail and provide information to ensure your comfort and confidence in what’s to come in the future for your matter.
Cullen Lawyers can assist you with the full range of criminal offences and will handle your matter from start to finish.
WHEN SHOULD YOU HIRE A BRISBANE CRIMINAL LAWYER?
Whenever you feel your rights need to be protected.
Generally, police can ask you to provide your name and address only, unless they form a suspicion you have broken the law. Please also be aware that it is considered an offence to give incorrect information to the police regarding these questions.
Any other questions, you do not need to answer.
As soon as you are questioned by the police, you can nominate to contact your Brisbane criminal lawyers, Cullen Lawyers to speak to the police and investigate why they are speaking with you. It is important to protect your rights and know what your case is about.
TYPES OF BAIL
If you are arrested and the police charge you with an offence, you may be granted watchhouse bail.
Watchhouse bail is when you are granted bail on your own undertaking by a police officer. If you are released on watchhouse bail, you must attend court on the date stated on your bail undertaking and also comply with any bail conditions. If they do not allow you to have watchhouse bail, this may be because it is refused for particular reasons or if you have been charged with more serious offences. This is when you need Magistrates Court bail.
MAGISTRATES COURT BAIL
If police refuse to grant you watchhouse bail, you may then apply to the Magistrates Court for bail. The court will take many considerations into account. Some examples are:
- A risk of possibly committing further offences
- Failing to appear in court on your specified dates
- Possibly endangering other people
- Obstructing the police in their investigation of you
- The amount of evidence against you
- Whether someone may provide a surety for you
- Whether you are in a ‘show cause position’
If the Magistrate agrees with your application, you must sign a bail undertaking and it may take a few hours before you are released, due to the nature of police processing.
SUPREME & DISTRICT COURT BAIL
If a person is refused bail by the Magistrates court, Cullen Lawyers may apply for bail to the Supreme Court. Certain charges, such as murder may only be applied for in the Supreme Court, as this court only holds the power to grant bail in this circumstance.
Cullen Lawyers will draft supporting affidavits, provide documents and complete all applications to the court in order to achieve the highest successful outcome for our clients.
If your bail is refused by a Magistrate either before or after your committal to the relevant court, an application may be made to a Justice of the Supreme Court for your bail. This is now considered a fresh application.
After committal proceedings, if you are in custody, you may apply for bail to the District Court or the Supreme Court (the court to which you have been committed for trial).
A special application for bail by Cullen Lawyers may be made to either court at any time.
SHOW CAUSE POSITION
A ‘show cause position’ means the onus is on you must show the court why you should be granted bail.
You can be granted bail unless the prosecutor can show that there is an unacceptable risk of you failing to appear or possibly committing further offences. Where a show cause situation exists, the prosecutor will place considerable reliance on the strength of the Crown’s case against you. This is why Cullen Lawyers are needed, to ensure you the best possible outcome in the most stressful of circumstances.
CHANGING BAIL CONDITIONS
Your undertaking can state that the police can vary your bail.
If you can vary your bail, you or Cullen Lawyers may apply to the police to vary or change your bail conditions.
If it does not state this, you must apply to the court in order to vary your bail.
Bail variations are considered but not limited to:
- Changing your address
- The police station you must report to
- The number of days you must report
- The days of the week you must report
- The times of those days you must report
- Other conditions of rehabilitation
BREACHING YOUR BAIL
If you fail to comply with bail conditions, it is considered an offence which may result in your bail being revoked.
You could even be rearrested.
Breach of bail is considered:
- Failing to appear in court
- Not complying with one or more conditions within your undertaking
- Breaking the law
If you do breach bail, you should contact Cullen Lawyers immediately and they will appear with you at your local police station to discuss your matter. It is highly recommended that you attend your local police station with a representative of Cullen Lawyers rather than waiting for the police to arrest you.
You will be taken into custody and then to court on the next court day to explain why this breach occurred.
You can plead guilty to breaching your bail or plead not guilty and have Cullen Lawyers explain your matter to the court.
If the court accepts your guilty plea or finds you guilty, you may be convicted and sentenced for the breach with a fine or possibly prison. After you’re sentenced, Cullen Lawyers can re-apply for bail on your behalf, if it was revoked.
EXTENDING YOUR BAIL
If you are permitted to attend court or Cullen Lawyers may attend on your behalf, your court matter may be adjourned to another day.
Cullen Lawyers can ask the court to extend or enlarge your bail to that date and time that you have been adjourned to.
You will not need to sign a new bail undertaking if your bail becomes enlarged as the conditions will remain the same.
For more information about bail applications and your individual rights, contact us for a free initial consultation.