BAIL APPLICATIONS AND APPEALS

After gaining comprehensive experience in both bail applications and appeals, we understand that timing and preparation is critical, and we have successfully fought for bail and won appeals for numerous clients facing a range serious charges.

BAIL APPLICATIONS

Bail is the release of a person from custody on the condition that they will appear in court at a later date. The accused must agree in writing to appear at court on the date and time assigned to them, and must advise the court of any change of address. Other bail conditions may include:

  • Reporting to police every day.
  • Living at a specific address.
  • Surrendering your passport.
  • Not associating in any way with specific people.
  • Not going within a certain distance of a specific place.
  • Obeying a curfew.
  • Handing over cash or security, which may be forfeited if you fail to comply with your bail conditions.

Bail can be obtained from:

  • The police when you are first arrested.
  • A magistrate in the Local Court.
  • A judge of the District Court.
  • A justice of the Supreme Court.

If your bail has application has been refused in the Local Court, you can only seek it once again if:

  • You were not represented by a lawyer the first time you asked for bail.
  • You have new information to tell the court about why you should get bail.
  • There has been a change of circumstances.
  • You are under 18 years of age and the last bail application was made on your first appearance for the offence.

We can advise on your eligibility for bail and can assist with your bail application. To have a greater chance of success, it is very important that you are fully prepared at the time your bail application has been listed with the court. Expert representation can mean the difference between a refusal of bail and being at liberty.

APPEALS

An appeal is an application to a higher court to reconsider the decision handed down by a lower court. For instance, if you have been convicted of an offence after a defended hearing in the Local Court and are not satisfied with the result, you can appeal to the District Court.

You can appeal against a number of decisions made by the Local Court, including cases where:

  • The magistrate has found you guilty of an offence and you say you are not guilty.
  • The magistrate has given you a penalty you believe is too severe.
  • The magistrate has refused an application to annul a conviction or another order entered in your absence.
  • An Apprehended Violence Order (AVO) has been granted and you don’t believe it is necessary.
  • Your application for an AVO was refused.
  • You are party to an AVO that has been varied or revoked by the Local Court or the Local Court refused to vary or revoke an AVO.

You have just 28 days from the date your order was handed down to complete and lodge a Notice of Appeal. You cannot appeal a decision by a Local Court Magistrate if three months has passed since the finalisation of the matter in the Local Court.

We highly recommend that you lodge your appeal as soon as possible and can assist you with correctly completing the Notice of Appeal. As an appeal is generally the end of the line, it is important to have legal representation.

To discuss your bail application or appeal, please call 0417 669 703 or email toomey.lawyer@gmail.com

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