Gold Coast & Brisbane Bail Applications Lawyers
Applying for bail is an extremely difficult and complex process, and the outcome can mean the difference between relative freedom or remaining in custody until your trial. The process of applying for bail starts as soon as you are arrested for an offence. Yet, you are unlikely to obtain bail immediately without the assistance of expert legal advice from an experienced criminal lawyer. If you are in remand for a criminal offence, the best chance you have at obtaining bail is to contact Garde Wilson Lawyers and get the best legal representation available.
Types of Bail in Queensland
If police arrest and charge you with an offence, they may grant you watch house bail. Upon release, you must attend court on the date stated on your bail undertaking and comply with any bail conditions.
If the police refuse to grant you watch house bail, you can apply to the court for bail. If the court agrees, the police must release you once you sign the bail undertaking, though it may take a few hours to release you.
Some bail breaches will put you in a ‘show cause position’, meaning you must show the court why you should be granted bail. This makes it more difficult to get bail again. Such bail breaches include failing to appear in court, or committing an offence while on bail.
Bail conditions are set by courts or police to mitigate any ‘unacceptable risks’ such as
- Failing to answer bail by attending court or surrendering yourself into custody
- Committing a criminal offence while on bail
- Endangering the safety and welfare of anyone
- Interfering with witnesses or obstructing the course of justice.
Bail conditions fall into two broad categories: conduct conditions, which direct how you must act while released on bail, and financial conditions, which stipulate what monies or property you must put as deposit or surety for bail to be granted.
Conduct bail conditions often include:
- Periodically reporting to a police station
- A static address where you must reside
- The imposition of a nightly curfew
- Staying away from certain places and people
- Abstaining from alcohol or drugs
- Attending violence, drug or alcohol support programs
- Remaining within the state or country
- Surrendering your passport
Depending on the nature of the charges you have been arrested for, the court or police may stipulate very specific or tailored conditions limiting your conduct.
Financial bail conditions often include:
- Making a monetary deposit of a specified amount in advance of any fines or penalties imposed by the court if you are found guilty of your charges.
- Paying a surety, either in the form of a specified monetary amount or property of equal valued stipulated in your bail conditions.
- Both deposits and sureties can be made by you or by another person on your behalf. In most cases, sureties are held by the court until the finalisation of criminal proceedings and are liable to forfeiture, in whole or in part, if you do not meet your bail conditions.
Failing to comply with bail conditions is an offence and may result in your bail being revoked. You could even be rearrested.
If you breach bail such as by failing to appear in court or not complying with a condition you should seek legal advice immediately; you will have to appear before the court to explain why you breached bail.
After getting legal advice it is recommended that you, go to the police station yourself, rather than waiting for the Police to arrest you. You will be taken into custody and then to court on the next court day.
You can plead guilty to breaching your bail or plead not guilty and explain to the court. If the court accepts your guilty plea or finds you guilty, it may convict and sentence you for the breach with a fine or possibly prison. After you’re sentenced, you can re-apply for bail if it was revoked.