Bail Application Lawyers
How Our Team of Criminal Defence Lawyers Can Help with Bail Applications
At Conditsis Lawyers, we understand the urgency of bail applications. Our experienced criminal defence lawyers provide expert legal advice, guiding you through the bail process and helping you understand your rights and options. We develop strong arguments to support your bail application, addressing any concerns the court may have to maximise your chances of success. With our skilled advocates representing you in court, we work to secure bail under the most favourable conditions possible. Additionally, we negotiate with prosecutors to minimise opposition to your application and, where necessary, explore alternative solutions to keep you or your loved one out of custody.
Why Choose Conditsis Lawyers?
- Higher Expertise: With three accredited specialists and two trial advocates, our criminal law team is regarded as one of the best in NSW.
- Multi-award winning: We are the most awarded law firm on the Central Coast.
- Local Expertise: Based in Gosford, we have in-depth knowledge of the local courts and bail procedures.
- Proven Track Record: We have successfully represented clients in bail applications across a wide range of criminal matters.
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What happens when police arrest and Charge and refuse Bail?
Police have a discretion at the time of charging, to determine whether an accused person should be granted bail.
If police charge the person, commonly referred to as “the accused”, and refuse them bail, then they must be taken to the nearest Courthouse as soon as reasonably possible.
It will then be up to the Magistrate to decide whether the accused will be granted bail.
A grant of bail allows the accused to live in the community pending the outcome of their court case. In more serious charges it can take up to two years or more to get to trial.
Do you need a Lawyer for a Bail Application?
Whilst accused persons can represent themselves there is a saying that “a self-represented person has a fool for a client”.
That saying is for good reason because the bail laws and their interpretation can be quite complex, and the Magistrate will generally require “persuasion” for bail to be granted. And remember, if bail is refused, depending on the seriousness of the charge(s) the accused could be in custody awaiting finalisation of their matter for anywhere between 3 months to 2 years or so.
Additionally, an experienced criminal law lawyer, will fight hard to ensure that the bail conditions are not too tough and in effect setting up an accused for failure.
What if the Magistrate does not grant Bail?
An accused can make a further application for bail in the Local Court but will have to demonstrate that there has been a “change in circumstances” since bail was refused. An experienced criminal lawyer will not find it that difficult to point to a change in circumstances, particularly if it has been some weeks or more since bail was refused.
However, for the more serious charge(s) it may be best to consider an application for release to the Supreme Court of NSW. In that event, even more so, an experienced lawyer should be retained.
How Much Surety must be paid?
For most charges, bail can be granted without payment of any money into Court.
Payment of a surety [like a guarantee which may be forfeited to the State if bail is breached], is generally required for persons with a significant criminal history and/or where the charge(s) is very serious and/or where there are significant “bail concerns”.
The amount of any surety will depend on many factors and can be anywhere between $1,000 and hundreds of thousands of dollars.
If the person providing the surety doesn’t have the money, it is possible for real estate security for that amount to be provided.
What are Bail Conditions?
Bail conditions are imposed with the intention that they mitigate against bail concerns the Court may have and typically, to minimise the risk of reoffending, interfering with witnesses, or failing to attend court.
Common bail conditions include:
- Reporting to a police station regularly.
- Surrendering a passport.
- Not going within a certain distance of an international point of departure
- Residing at a specific address.
- Avoiding contact with certain individuals or witnesses.
- Not consuming drugs or alcohol.
- Compliance with a curfew.
Failure to comply with bail conditions will likely lead to the accused being taken back into custody.
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Areas Of Criminal Law
If you are in trouble with the police or face criminal charges, you need an expert criminal lawyer on your side. It is critical to get the right advice and representation without delay. We can provide immediate assistance to you, including if you are being held at the police station or currently in a detention centre or gaol.
Led by NSW Law Society Accredited Criminal Law Specialists Manny Conditsis and Michal Mantaj, our team of criminal lawyers is regarded as one of the best in NSW, with over 150 years of combined experience helping clients facing criminal charges.
As one of two Trial Advocates, Manny Conditsis has a greater than 90% success rate in jury trials. He and Michal Mantaj are among only a few Trial Advocates to appear in murder and other serious crime trials in the Supreme and High Courts. The media regularly call upon both to comment on high-profile cases and issues relating to criminal and traffic law due to their reputation for professional excellence in legal practice.
In trouble with the law or going to court?
Don’t delay contacting us. The sooner we hear from you, the sooner we can begin our investigations.
Your first consultation is free. Call our office on 02 4324 5688 to book a private and confidential consultation with one of our criminal lawyers today.
- Manslaughter
- Murder
- Sexual Assault allegations
- Rape/Sexual Assault
- Firearms & Weapons Offences
- Child Pornography
- Child Abuse Material
Our Central Coast Criminal Law Team
Recent Cases
Client charged with supply large commercial quantity of MDMA granted bail
Client charged with murder granted bail at the Victorian Supreme Court