WHEN CAN/SHOULD I APPLY FOR BAIL
You have the right to apply for bail at several stages throughout the criminal process including:
• at a police station after being arrested and charged
• before a Bail Justice or a Magistrates’ Court prior to your case being finalised
• if you have lodged an Appeal against conviction and sentence (pending appeal)
• if you are granted an Appeal against conviction and sentence and awaiting a re-trial
Although you may apply for bail at any time whilst you are in custody, it takes an intelligent and experienced lawyer to know the RIGHT time to apply for bail in order to maximise your chances of success. Why? Because it is important to succeed on your first Application for bail: not only will it save you the additional time spent in custody but will also save you in legal fees of coming back to court to apply for bail again.
While technically you can make as many applications for bail as you need, the reality is that you only have an automatic right to apply for bail twice with legal representation. If you are denied bail on a first and second attempt with legal representation, you will only be able to make a further application for bail if you can demonstrate that new facts and circumstances have arisen. This can be difficult to establish and is an unnecessary hurdle that can be avoided if you engage an experienced criminal lawyer at the onset of your remand in custody. Ondrik Larsen Lawyers will competently advise you of the best time to apply for bail, in order to maximise your chances of release from custody.
At Ondrik Larsen Lawyers, we pride ourselves on our reputation and will therefore only advise you to apply for bail when we are confident that you have the best chance of succeeding. If you, or someone you know, has previously been denied bail, do not lose hope! We have had many clients who have engaged our lawyers after being denied bail previously, either with or without legal representation, and we have secured their release either by making a further application for bail at the Magistrates’ Court, or by making an application in the Supreme Court. If you, or someone you know, has been denied bail previously, contact our criminal lawyers immediately so that we can discuss your situation in relation to making a further Application for Bail.
