If your loved one is in custody, you need to know how to apply for bail and how to maximise your prospects of success. It goes without saying that you should immediately engage an experienced and competent criminal defence lawyer to represent your loved one or yourself. The following are the key tips that our criminal defence lawyers offer about successfully applying for bail:
- Get a Court date immediately. There can be a delay between when you file your Application and when it is listed in Court, so get on to it as soon as possible.
- Serve all of your paperwork. You have to give at least 3 days’ notice to the Police, Prosecution and Governor of the Prison that you will be applying for bail. Serve your application on them as soon as you get a bail date and have filed the paperwork with the Court.
- Get the Remand Brief. You should already have it but, if not, your criminal defence lawyer will need the remand brief. This contains a statement from the Informant outlining what is alleged and should also contain their position with respect to bail. For example, whether they are alleging that you are an unacceptable risk if released on bail. It will also contain your prior criminal history.
- Get the Prosecution’s Position. Are the Prosecution opposing bail? If so, why? Understanding the Prosecution’s position is essential.
- Settle on your address. You have to be bailed to live at a certain address. Ensure that you have an address to immediately reside in. It might be your home or that of a family member. Where you will live will depend on your alleged offending. If it is family violence related, you cannot go back to live with the alleged affected family member. You should also, where possible, live with any surety for bail. See below.
- Gather your reports. If the offending was influenced by any medical, drug/alcohol or psychological condition, get your reports. This is material that the Court must consider at the Bail Application. If you have a drug or alcohol issue, your lawyer will likely have you assessed for a rehabilitation or treatment program and get a counsellor to provide an intake report. Otherwise, they may seek a CISP (Court Integrated Services Program) assessment so that you can get drug treatment bail support through the Courts. Even if your conditions are not relevant to your offending, evidence of any condition affecting you can be used to argue that custody is harder on you than others because of your conditions.
- Secure your surety. If the Prosecution are alleging that you would be an unacceptable risk if released on bail, a surety is a great way to get around that. A surety is a person who is willing to deposit money with the Court or put up their house as surety for your bail. They do so in the understanding that, if you breach your bail and they become aware of it, they must report you to Police. If they become aware of a breach and don’t report it, the Police (upon discovering the breach) may apply to revoke your bail and apply to have the surety forfeited. Sureties are often referred to as they “eyes and ears of the Court”. Having a surety hanging over a bailed person’s head is also a huge emotional incentive for them to comply with their bail conditions.
- Get a good lawyer. The key to a successful bail application is good preparation. An experienced bail application lawyer knows how to do this. Preparation includes all of the above and, also, preparing to cross-examine the Informant and submitting to the Court why you should be granted bail. There are different tests for bail depending on what kind of offence is alleged. It can be very complicated. A good criminal defence lawyer can guide you through the process and maximise your prospects of success! Galbally Parker has a team of expert lawyers including drug offence lawyers, assault lawyers, intervention order lawyers, fraud lawyers & sexual offence lawyers. Get in touch today to find out how we can help.
