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Published On: Wed, Nov 22nd, 2017

When is a Bail Lawyer Necessary?

Committing a criminal offence can often be a stressful time and finding an appropriate attorney for the right circumstance can be difficult. The first step in once charges have been pressed is receiving bail. In some instances, the police do not give out bail freely due to the extent of the crime committed.

A bail lawyer is necessary when the accused needs to ‘show cause’ to a court. This means explaining to the court why the accused being released on bail is justified. There are a select few instances when it is most likely that the accused will need to ‘show cause’ to a court.

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This is when the accused;

  • Has committed a crime classified as a serious offence such as those involving sex, firearms or and/or violence
  • Was previously out on bail or parole and has committed a fresh crime within the same period
  • Is seen to be a threat to the local community such as not attending court, interfering with evidence or committing further crimes

This means that a bail lawyer in Melbourne is necessary in all instances where the police and/or court determine that the accused needs to ‘show cause’. Whilst there is a legal requirement for a public defendant to be provided by the state in all bail cases, it is not recommended to use them as they do not and cannot put in the time required to present a sound case.

If the accused hires an attorney that specialises in criminal law, and therefore bail, they can be sure that a presentable case is put forward and the chances of gaining bail are dramatically increased.

Even in the case of bail being granted, there are still conditions that can be placed within the terms of bail that may be restrictive. This is where a bail lawyer can provide additional help.

Providing the correct evidence and presenting a solid case for a relatively ‘condition-free’ bail is significant in receiving fair treatment and a liberal bail condition.

Types of bail conditions include;

  • Conduct requirements – this involves things that the accused must or must not do and includes conditions such as; reporting to police every day, not associating with specific people and obeying a curfew. Evidently, no one wants be subjected to this and therefore hiring a bail lawyer in Melbourne can aid the accused’s cause.
  • Security requirements – this means giving the court money, in the form of a deposit, to ensure that the accused attends the court hearing for the charges. If they do not attend, the court keeps the money.
  • Character acknowledgements – one of the better conditions of bail is be required to have a person of ‘good character’ sign a form stating that the accused is a responsible person who will obey the bail conditions.
  • Enforcements – these are condition that the accused must comply with in order to maintain bail. It could include things such as providing a breath test at any occasion (e.g. when the police knock on the accused’s door) or allowing police to check curfew.

As has been noted, the bail conditions can be somewhat restrictive and inconvenient for the accused. Finding the right attorney for the case is crucial to ensuring that the bail conditions set are as fair as possible.

Additionally, they should be a true reflection of not only the crime committed but the individual who has committed them based on past offences and character acknowledgements.

In any circumstance where the accused is required to front a court in order to achieve bail, it is recommended that they hire a bail lawyer. By hiring a bail lawyer in Melbourne the accused increases their overall chances of receiving bail.

On top of this, they are now more likely, to also receive a fairer condition of bail in line with the crime committed. Whilst there is always the scope for a public defendant, they often do not have the time available to put in the required hours for a solid case when compared to a private attorney.

Author: Colin Steinway

About the Author

- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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