Bail laws are different for different states in Australia
A lawyer would be the best person to approach to know more about the bail laws applicable in the Australian state that you are residing. This article will give you an insight into what a bail actually means and also provides information and details of the bail laws of Australia. This article will help you in knowing the bail laws better.
What Is Bail?
If a person is accused of a crime, then he or she can seek a bail for his crime through a qualified lawyer. The decision on whether the bail has to be given to the accused can be then either by the police and later by the criminal court. If the court after hearing the arguments decides to grant the accused bail, then he will be able to get out of jail only if a deposit amount as mentioned by the court is paid to the court as surety or security.
The deposit collected as a surety is got just to make sure that the accused turns up to the court on the specified date issue by the court. If the accused does not come to the court on the specified date, then the deposit amount of the surety would be surrendered.
Considerations For Bail
In case of minor or petty criminal charges that does not require imprisonment and just involves a small amount of fine, it is not necessary for the accused to move the bail. Instead, the accused will be issued with a notice to appear before the court. For other criminal offenses, the police will have to prove why the bail should not be granted to the accused and everything depends on the report of the police.
There are a lot of things that are considered by the court when dealing with bail pleas of the accused. The seriousness of the crime is the first thing that the court will look into when awarding a bail. If the accused is found guilty of a crime, then the severity of the punishment will determine whether the bail plea of the accused has to be accepted or not. If the accused is having any past records of not appearing before the court after granting bail, then there is no way his new bail plea would be accepted by the court.
Applying For Bail
If you are serious about getting out of jail, then it is important for you to hire a competent and knowledgeable criminal lawyer who will help you get out on a bail. Certain serious offenses might not allow the judge to grant bail that easily and with a good competent lawyer would be able to establish that you will appear when needed and that you will not cause any damage to life and property when you are out on bail.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.