Accredited Criminal Lawyers Melbourne
Bail Applications
If someone you care about has been taken into police custody, time is critical. Every minute spent on remand can be a minute too long. You need a criminal defence lawyer who will move fast, fight hard, and stand up for your loved one's freedom..
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What Happens After an Arrest?
When the police lay a charge against someone, they can do it in several ways:
When a person is remanded in custody, your defence lawyers at Emma Turnbull Lawyers will give you advice about applying for bail. Depending on the charge and general circumstances of the case, one of two legal tests applyYou must show compelling reasons why bail ought be granted; or You must show exceptional circumstances as to why bail ought be granted. Where police consider a person to be an unacceptable risk of re-offending or failing to appear they will oppose bail.
Factors the Court Considers in Bail Applications
The Magistrate or Judge will consider a range of factors when deciding whether to grant bail. Understanding these factors helps us prepare a stronger application. Compelling reasons or exceptional circumstances can be made up of one or a combination of matters including:
Delays in Case Progression
How long until trial and whether delays can justify release
Weaknesses in Prosecution Case
Identifying gaps in the evidence against you
First Time in Custody
Whether this is your first time remanded in custody
Age & Vulnerabilities
Age, mental health, and personal vulnerabilities
Family & Community Support
Available support networks and community ties
Suitability of Home Address
Whether the proposed residence is suitable
Suitable Surety
A responsible person willing to guarantee your appearance in court
Health Considerations
Physical or mental health factors affecting detention suitability
Treatment & Support
Access to drug, alcohol, or mental health treatment programs
Employment & Study
Ongoing employment or study commitments requiring release
Co-Accused Status
The remand or bail status of any co-accused in the matter
Bail Conditions
Where a Court makes a grant of bail, they will attach a number of conditions to that conditional freedom. The first condition always being that they attend Court on the next listed hearing date. Other conditions can include:
Residence
Living at a specific, static address
Reporting
Regular reporting to a police station
Treatment
Attending counselling or treatment programs
Curfew & Movement
Curfew or restrictions on movement (no-go zones)
Contact Restrictions
Limiting contact with witnesses or co-accused
Travel Restrictions
Not leaving Victoria or attending international departure points
Why Clients Choose Emma Turnbull Lawyers for Bail Applications
Every case is overseen by an Accredited Criminal Law Specialist.
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in applying for bail.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation backed by strong negotiation.
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