After being charged with an offence the police officer may release you on conditions that apply until you first attend Court. In some cases only a Judge can release you on bail.
For serious offending or where the prosecutor believes there is a risk of re-offending or not coming back to Court bail may be opposed. If bail is not granted you could wait in prison until your trial has been completed, in some cases this could be more than a year.
We have regular success in obtaining bail for clients charged with offences as serious as Murder, Rape and major commercial drug importation and dealing charges. Bail can be granted subject to conditions such as a curfew or electronic monitoring (“E Bail”).
When bail is refused by a Judge or Community Magistrate there is a right of appeal to a higher Court. I have successfully argued bail appeals in the High Court and Court of Appeal.
Crimes of violence
Crimes of violence are common and range from relatively minor assaults to those causing permanent injury and death. Defences including an argument that you were acting in self-defence may be available, alternatively a lesser charge may be able to replace the offence you are originally charged with.
Family violence includes any allegation of violence between family members.
Drink driving (EBA)
Just because you’re charged with driving while impaired doesn’t make it true. This is one of the most common criminal charges, with some of the most severe penalties.