Find a bail application lawyer in Melbourne
Need to run a bail application? We have offices in Frankston, Geelong, Ringwood, Moorabbin, Dandenong, Ballarat and the Melbourne CBD in close proximity to the local Magistrates’ Courts. We also frequently run bail applications in the Supreme and County Courts. We are well placed to assist if you require a bail application to be listed in any of these localities or indeed anywhere in Melbourne and greater Victoria.
If you want bail, call Dribbin & Brown Criminal Lawyers bail advice line on 03 8644 7333 to hear how we can help you.
Bail is a complicated area of law governed by the Bail Act of Victoria. There are a number of different tests that relate to bail, including:
The test that is applicable to your case depends on the type and number of charges that you are facing. The tests are intermingled, the law is complicated, confusing and technical and there is an inexhaustible list of relevant factors that will either mitigate for or against the granting of bail.
If you have a close relative or friend who requires a bail application to be made on their behalf, we can help. We have run hundreds of bail applications and understand the emotional impact associated with having a loved one locked up without notice.
Family violence cases are now being fast tracked and accused people are being locked up without fair right to a hearing.
If you need assistance with a bail application anywhere in Melbourne, call our office to make an appointment with one of our criminal lawyers today.
What does it mean to get bail?
Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing.
If bail is refused, then the arrested person is remanded in custody pending the next court hearing.
In the Magistrates’ Court it can be many months between arrest and hearing. This can be even longer in the higher courts. So the issue of bail is critical for the accused person (the Accused).
In deciding whether to grant bail, the police or the court must balance competing considerations. . It can be seen as an assessment of future risk, so in many cases the decision can be very difficult. Get more information in relation to bail application procedure.
Bail as a conditional freedom
If bail is granted, the Accused is released from custody, but their release is subject to conditions. The conditions are imposed to alleviate any perceived potential risks once the Accused has been released.
Common bail conditions include:
Implications of denial of bail
If bail is refused, the Accused is remanded in custody. However, being held in custody whilst awaiting the next court date can have serious implications. Just as the courts regard the use of prison as a ‘last resort’ in sentencing, remanding a defendant in custody should also be regarded as a last resort.
The key case law in relation to bail
When bail can be granted
Bail can be granted at any stage of the criminal process from the point of arrest through to the trial, sentence and final appeal.