We appear in the Local Court, District Court & Supreme Court for Bail Applications.
What do I do if the police arrest me?
If you are arrested by the police it is of vital importance you contact an experienced criminal defence lawyer. Ensure that you request contact with us the moment you are taken into police custody (day or night). Your family can also contact us if you have contacted them first and they are attempting to find you a lawyer.
If police charge you with a crime, then depending on the offence, the Police will generally have to make a decision as to either granting you conditional or unconditional bail, or refusing your bail. If you have been refused bail by police, you must be taken before a Court. Depending on the time of day you were arrested, this may mean you need to spend a night in custody.
What is bail?
Bail is your release on conditional liberty, pending the outcome of your case, usually with conditions attached. Examples include curfew or reporting to the police. Getting bail is a priority as it allows you to be released into the community instead of waiting on “remand” in jail for a court to determine if you are not guilty or guilty.
What is the test for me being released or remaining in custody?
The application of the Bail Act is complicated, but generally the tests are as follows:
Show Cause Offence
If you fall within this category, the onus is on you to first establish to a court why your detention is not justified. If you don’t, you will be refused bail, if you do the court will then assess your application for bail applying the following test.
Unacceptable Risk / Bail Concern
A court will determine if you are an unacceptable risk of any of the following:
- Appearing at any future court proceedings.
- Committing a serious offence.
- Endangering the safety of victims, individuals or the community.
- Interfering with witnesses or evidence.
If a court determines you are an unacceptable risk of any of the above, it must refuse you bail. However, if it determines you are only a bail concern and that conditions can be put in place to satisfactorily reduce any of the above risks, you can be granted conditional bail and released from custody.
Why do I need a criminal lawyer?
The application of these tests and the law is complex and often deals with emotionally charged situations, you need sound advice and representation so your case is best presented.
Following changes to the Bail Act in 2013, being granted bail has become increasingly difficult, particularly for more serious offences. Don’t make the mistake of using a practitioner who does not have significant experience in criminal law. If bail is refused by a Court, you may spend months or even years in custody before your case has even been determined.
Remember, generally a second release application requires you establishing a change in circumstances, making it all the more difficult.
Why choose McKenzie McLaughlin Law?
As former prosecutors we have appeared in countless release applications across the state. We know what the prosecution will say as part of their submissions to the Court. This advantage allows us to best prepare your application for bail and advise you and your family on your likely prospects of success. In respect of any release application, it is important to act fast. Retaining experienced criminal lawyers who can prepare your application is critical to being released.
We know that being refused bail by the police can be extremely stressful. As such, Josh and James will by your side to guide you through the process and to maximise your prospects of obtaining a release on bail.