Australian law is based on the principal of ‘innocent until proven guilty’, but there are many cases where an innocent person will not be released from custody until their case has been finalised, which can take many, many, months. Even if a person in custody is eventually found guilty of an offence, they may ultimately receive a sentence which may not even involve a jail term. Both of these circumstances may fundamentally result in a loss of liberty for a person who is kept in custody awaiting trial – this loss can never be recovered. This is why it is important that you obtain legal advice from the team at Ondrik Larsen Lawyers about the prospects of making a successful bail application as soon as possible.
In circumstances where you or someone you know have been arrested and held in custody for a serious criminal offence, it is important to contact our criminal lawyers to get legal advice as soon as possible. We understand that incarceration can have devastating effects upon the person in custody and their family, such as loss of employment and income, limited access to health care, inability to care for dependants, difficulty in preparing the defence case, and the impact on general physical and mental health. It is critical that you know what rights you have to apply for bail so that you and your family can have an opportunity to once again continue life as normal.
Our lawyers have an outstanding record of success in relation to bail applications and applications for the variation of bail conditions in all Magistrates Courts, County Courts and the Supreme Court of Victoria. Our experience, strategy, knowledge of the law, and understanding of our clients’ needs are the reasons behind our success. We go above and beyond for our clients, ensuring that we put the best case forward the first time around because we understand that your freedom is paramount. For this reason, we have earned a notable reputation in this particular area of law.
WHAT DO I NEED TO PROVE IN ORDER TO BE GRANTED BAIL?
The laws relating to bail applications in Victoria are complex, and there are different tests that the court will apply in determining whether bail should be granted. The tests applicable to your case will depend on the seriousness of the charges against you, your previous bail history, and your criminal record.
The starting point in the law is that it is presumed that every person has the right to be released on bail. That is, unless you fall under the category of having to “show compelling reasons” or “exceptional circumstances”. This will depend on the type of offence you have been charged with.
Bail will also be refused if the court is satisfied that you pose an unacceptable risk of: committing offences whilst on bail; failing to answer bail; interfering with witnesses or obstructing the course of justice; or endangering the safety or welfare of members of the public.
Our lawyers are experienced in making successful bail applications in the most difficult of cases and successfully making further applications for bail where others have been unsuccessful. The reason for this is that our lawyers will work hard and diligently to thoroughly prepare your application for bail, from preparing powerful legal submissions to working tirelessly with you and your family to ensure that we obtain as much supportive material as possible to maximise the chances of securing your freedom.
For a confidential discussion regarding bail applications, variation of bail conditions, or release of surety, contact Ondrik Larsen Lawyers today. We can help you even when you feel like there is no hope. We will take control of what can be a very daunting process, and you can take comfort in knowing that you have entrusted your freedom in our competent hands. Our goal is to achieve the best outcome for you and your family. Contact our criminal lawyers today. We will help you.
For further information regarding bail applications, click the following links:
Our office is located at 1/545 King Street, West Melbourne, Victoria, but we service all areas throughout Victoria and interstate.
Our criminal defence lawyers represent clients from the metropolitan region of Melbourne, be it the Northern suburbs, Southern suburbs, Eastern suburbs, or Western suburbs of Melbourne, as well as regional and country Victoria and also Australia wide. We represent clients in the Children’s Court, Magistrates’ Courts, County Courts and Supreme Courts. For more information about the locations we service, please click here.
Our criminal lawyers are experienced in making applications for bail at first instance and in the Supreme Court. If you would like more information about bail applications speak to our experienced bail application lawyers today by clicking on this link.