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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    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.

    Contact Melbourne's Leading Criminal Lawyers

    Book your consultation today.