If someone you know has been refused bail by the police, or has to appear at Parramatta Bail Court on the weekend, contact Astor Legal for expert advice.
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If you are arrested and charged by the Police they can decide to either grant or refuse you bail. If you are released on bail this can be either with or without certain conditions.
If you are refused bail by the Police they must take you before a court as soon as possible so that a Magistrate can decide whether you should be granted bail or kept in custody until your matters are determined. Your bail hearing may occur at a court near the station you where were arrested or, on weekends, it will take place at Parramatta Bail Court.
In determining whether you should be released on bail the court must consider if there are any ‘bail concerns’. These concerns include whether or not you would:
Attend court if granted bail
Commit further offences if granted bail
Endanger the safety of the victims, witnesses, or the community
Interfere with any witnesses or evidence
In order to be granted bail you need to show the court that there are suitable conditions that could be imposed that would address these concerns.
Unless new circumstances arise you generally only get one chance to make a bail application. For this reason, it is important to get expert legal advice immediately if you or someone you know has been refused bail. At Astor Legal we are former prosecutors which means we have conducted more bail applications than just about any other criminal lawyers. We know the law, the cases, and how to best present your case to increase the likelihood of you being granted bail. Your first consultation is free and we offer fixed fees for most of our services.
Our client was a 58 year old male target of a covert police operation over the Christmas/New Year period.
Police, operating under an assumed online identity, pretended to be a 14 year old child. Our client and the “child” engaged in detailed and explicit sexual conversations on several occasions and planned to meet.
After refusing to attend the meeting, our client was arrested by police from Sex Crimes and refused police bail after being charged with Using a Carriage Service to Procure Person Under 16 for sexual activity. It is strictly indictable and carries a maximum penalty of 15 years imprisonment.
Our client gave police an interview before getting legal advice. He made full admissions to taking part in the explicit sexual conversations.
Because he was refused police bail, our lawyer appeared for the client at bail court made an application for release. This application was opposed by police.
It was abundantly clear to our lawyer that any risk, despite the seriousness of the charge, could be reasonably mitigated by the imposition of bail conditions. The police prosecutor made submissions to the contrary however the Magistrate granted our client bail and he was able to be back with his family later that same day.
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