Bail Lawyers

Bail Applications in Court

Our Brisbane-based bail lawyers are a team of trusted advisors who are very experienced in bail applications in court.

We are here for your advocacy, and to provide the best possible outcome for our clients during representation in Court.

There is a lot of preparation, care and attention to detail that goes into the work with our clients from our initial consultation, to achieve the best results for our clients. We are available to speak with our clients at any time of the day, 7 days a week.

Rana Lawyers

Experts in Bail Applications in Court

When you make contact with our lawyers, either by phone, online or face-to-face, we can provide experienced advice, unique to your bail application.

Once you are booked in for a 30-minute free, non-obligation consultation with our Brisbane-based criminal law firm, which can be done over the phone or in person, you can tell us about your case so we can make an assessment. We will then explain to you the general terms, what to expect, and give our estimate.

If you decide to retain us, from here, you can place your trust in our team.

Our team is focused on providing exceptional client care. You can also have confidence knowing that our team of trusted bail lawyers work with you in a matter of confidentiality. From regulatory proceedings to disciplinary proceedings, our criminal defence team uses their knowledge and experience to get the results you want.

There’s a lot of preparation and a lot of complexity with bail applications, and that’s something that Rana Lawyers specialise in dealing with.

With any sort of legal relationship, it’s not easy to get a second opinion, which is why Rana Lawyers’ criminal defence team believes in developing trust between you, the client, and our legal experts. It’s essential to trust the advice that we’re giving you.

Although you may think a bail application is not serious, we urge our clients to contact us before it impacts their future. It is far better to contact our experienced team to advise and guide you.

What happens if I am charged and refused bail?

If you are charged with a criminal or traffic offence, you will either receive a Notice to Appear in Court or you will be granted bail by the Police. Both require you to appear in Court on a certain day.

In some cases, the Police may refuse you bail. If that happens, you can make a bail application in the Magistrates Court for most offences.

After being charged and refused bail, the Police are required to take you to a Magistrates Court at the earliest opportunity. Ordinarily, this is the next day but if it is a weekend then the matter is usually heard on a Monday.

The Prosecution will usually prepare an ‘objection to bail’ affidavit under the hand of the arresting officer, which is sworn evidence the Magistrate uses to determine whether you should be granted bail. You also have the opportunity to present evidence to the Magistrate by way of supporting affidavits.

It is not recommended that you place any material on the record under your own hand or provide any information relating to the allegations because this could be used against you in a trial later.

There are two kinds of bail positions. The first is that you ought to be granted bail unless there is a reason that you should be remanded in custody. The second is that you are in a ‘show cause’ position and you must satisfy the Magistrate as to why your continued detention is unjustified.

In considering whether to grant you bail, if you are not in a ‘show cause’ position, the Magistrate must take the following factors into account:

a. the nature and seriousness of the offence;

b. the character, antecedents, associations, home environment, employment and background of the defendant;

c. the history of any previous grants of bail to the defendant;

d. the strength of the evidence against the defendant;

e. if the defendant is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the defendant’s community, including, for example, about:

i.) the defendant’s relationship to the defendant’s community; or
ii.) any cultural considerations; or
iii.) any considerations relating to programs and services in which the community justice group participates;

f. if the defendant is charged with a domestic violence offence or an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) —the risk of further domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012 , being committed by the defendant;

g. any promotion by the defendant of terrorism;

h. any association the defendant has or has had with:

i.) a terrorist organisation within the meaning of the Criminal Code (Cwlth) , section 102.1(1) ; or
ii.) a person who has promoted terrorism.

The court or Police officer shall refuse to grant bail unless the defendant shows cause why the defendant’s detention in custody is not justified and, if bail is granted or the defendant is released under section 11A , must include in the order a statement of the reasons for granting bail or releasing the defendant.

Before bringing a bail application, we recommend the following:

  1. Engage a lawyer;
  2. Consider obtaining supporting affidavit material;
  3. Have a suitable address;
  4. Consider a surety – this is where someone (friend or family) is willing to provide funds to the Court on your behalf accepting that it will be forfeited if you do not comply with bail conditions.

If you are refused bail in the Magistrates Court, or the offence does not allow a Magistrate to grant bail (such as murder), the application must be made to the Supreme Court of Queensland.

The application considerations are the same as the above, but it is a much more formal process and material in support of an application is required in the form of an affidavit/s.

Our experienced criminal lawyers have extensive experience in understanding bail applications, and the factors that can influence bail decisions.

Our lawyers will present your case in the best possible light and will advocate for your rights throughout the process. We will also ensure that this process is expedited as much as possible.

Get Expert Advice From Our Dedicated Team.
Contact Rana Lawyers Today!
What is the difference between a solicitor and a barrister?

Traditionally, a solicitor takes instructions from clients and briefs a barrister for advocacy purposes, such as appearing in Court. However, there has been a significant shift in this historical concept over time and solicitors have taken over advocacy in significant jurisdictions, known as solicitor advocates. At Rana Lawyers, our solicitors frequently appear as solicitor advocates in the Magistrates, District and Supreme Courts in complex criminal matters.

The short answer is yes. Anytime a defendant is charged with an offence, there is an obligation on the defendant to appear in Court with certain exceptions. If a defendant is given a notice to appear, they must appear in Court without exception. If a defendant is placed on bail by the Police, they are generally required to attend Court unless a solicitor can appear in their stead and have the defendant’s appearance excused. However, prior to making a decision, it is important to consult a solicitor because each case varies depending on the charge.

Sometimes, you will see an option to plead guilty online. This is applied to a handful of very minor matters (such as public intoxication). It is important that you seek advice on the charge before deciding whether you can plead guilty online because a warrant may be issued for your arrest.

All charges commence in the Magistrates Court, whether it is drink driving or murder. At the first mention, certain charges that must progress to the District or Supreme Court will be placed in what is called the ‘committal stream’. The Court will direct that a brief of evidence be disclosed to the defendant by the Police, which ordinarily takes a few months (this varies depending on the charge). Once the brief is fully disclosed, the defendant is ordinarily committed to the superior Court. You will have the opportunity to cross examine witnesses or ask the Court to dismiss the charge for a lack of evidence.

It is always advisable to immediately seek legal advice. Even if the charge is minor, and you decide that you do not require legal advice, it would be in your best interests to book in an initial conference, which is free of charge with Rana Lawyers, to understand:

a. The Court process;
b. Your options;
c. Potential outcomes;
d. Whether there is a defence;
e. Whether there is a risk of a significant penalty being imposed.

There are several mechanisms for the Police to obtain your DNA and unless you challenge whatever mechanism they use, you will have to. It is important to seek legal advice because in many matters, DNA may be an important piece of evidence the Police use to build a case against you.

The general rule is always seek legal advice before you decide to speak with the Police and, in most instances, you will be told not to do an interview with the Police. The reason is everything you say is recorded and can be used for the Police to build their case or in Court against you. Prior to doing an interview, you do not receive any evidence or a complete analysis of a Police case. There are serious risks in doing an interview uninformed because if you say something that is inconsistent with objective evidence (such as camera footage), the Court may draw an inference that you lied, as opposed to making a mistake, because you had a guilty conscience and were trying to conceal the truth.

Police cannot search your house unless they have a warrant. There are certain exceptions to this rule, such as investigating a domestic violence offence or an emergent search for a particular purpose such as protecting the integrity of evidence.

A warrant is a document that permits Police to enter your home without your consent. This must be signed by a Justice of the Peace or a Magistrate. It is important to remember not to speak to the Police, save for giving your name and identifying details, without speaking to a lawyer first. Ordinarily, the Police will be recording the entirety of the search of your home and whatever you say may be recorded.

Some warrants may be set aside because they are defective or because they have been obtained improperly.

Need legal advice or have an urgent enquiry?
Give us a call or send through your details, we are available 24/7.
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If you need to get in contact with us urgently, please feel free to call us any time on  07 3181 4345.

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