locked up

Bail Application and Processing

The issue of getting a bail involves paying for the release of a person who has a pending case as he waits for the trial. This, therefore, has been a challenging situation when seeking for justice in the law firms. In Australia, people have mixed reaction about the cost, process, and conditions involved. Therefore, I have decided to explore the whole process involved in this article.

1.How to Get a Bail

Firstly before you consider knowing the bailing process, it is important to understand how you will get bail legally. There are bailing authorities that have been granted the power to determine whether you will get a bailor not. These authorities include court, police officers, and justice agencies.

When you are arrested the police might decide to release you until the time you will have to attend court proceedings. Alternatively, they might choose to lock you up in custody until the day the court will require you. The time you will attend the proceedings you will have an opportunity to apply for a bail t be allowed to operate from home.

2. Factors Considered

  • going to jailSeriousness and nature of the offense
  • The history of committed offenses
  • The intensity of prosecution
  • In granting the bail will endanger the rest of the community
  • Interference with evidence/witness
  • Involvement with terrorists
  • Pending appeals before conviction
  • Issues related to non-compliance

3.Show Cause Offenses

This is offenses that the applicant will be required to justify why he should not be held in custody. If you are unable to meet this requirement, then you will be simply denied the bail. The following are allegations that you might be required to show cause:

  • Offenses that are subjected to life imprisonment
  • Offenses related to use of arms, drugs and sexual offenses

4. Conditions Placed on Bail Application

In some cases, your bail application might be subjected to certain conditions. Some of these conditions include:

  • Surrender passport and other required identification
  • Home arrest
  • Attending rehabilitation programs
  • If the accused agree to forfeit a certain specified amount of money in case of failure to appear in the court during a stipulated time

5. Who Should Pay for the Bail

Payment of bail is usually made by close friends and family members who have known and lived with the accused of a certain duration. These people should be willing to forfeit their money and to provide character reference at the expense of your release. They must give a detailed report on your behavior that will contribute to your bailing out.

court house

6. Failure to Comply with the Conditions

Essentially, it is advisable to comply with the conditions required. Failure will attract the following:

  • Arrest
  • Notice to appear before the court

If you can’t comply due to reasonable situations like sickness or relocation you must report these changes immediately at the police station.

Finally, it is important to note that bail application is not a walk in the park. That is why ROSS HILL & ASSOCIATE SOLICITORS have established a reliable network in all levels ranging from investigations, prosecutions, and court. This forms a conducive environment for negotiations. Most clients who have considered their services have applied for their bail with ease and successfully granted their wish. …