Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Dandenong, Australia, like the rest of the country, the Bail Bond Service law does not operate like how it does in other countries like the United States where Bail Bond agents can post bail on a defendant's part for a fee. Instead, a person is released pending court on bail depending on various factors such as the severity of the crime, the potential risk of escape, and the defendant's criminal history. Often, conditions are attached to ensure the person appears in court when required.
In situations wherein you or your loved one are arrested and wanted to apply for a bail, legal representation from a lawyer is recommended. A qualified lawyer can provide advice regarding the bail process, help prepare your bail application, represent you in your bail hearing and ensure that all documentation is correctly completed. If bail conditions need to be changed or if bail is refused, a lawyer can assist in filing an appeal to the court.
Dandenong, like the rest of Victoria, operates under the Bail Act 1977, and the Bail Amendment Act 2018. According to this law, the accused is presumed to have the right to bail unless specified otherwise. For certain serious offenses such as murder, certain drug offenses, or if the accused is a serious offender, the accused person is required to show "a compelling reason" why they should be released on bail. Similarly, certain offenses have a "show cause" standard where the accused has to demonstrate why detention is not justified.
The bail application can be made in the police station where you are held after the arrest, or in court at your hearing. If bail is refused, you can appeal this decision in a higher court.
Various factors are considered, including the nature and seriousness of the offense, the likelihood of the accused committing another offense while on bail, the protection and welfare of the community, and whether the accused will interfere with witnesses or obstruct the course of justice.
Yes, bail conditions can be changed. You would need to apply for a 'variation of bail conditions' at the same court where bail was initially granted.
If bail conditions are violated, the person can be re-arrested and taken into custody. A new bail application would then be required to secure release.
Yes, bail can be denied in certain circumstances such as for serious offenses, if the accused poses a risk to the public, or if there's a significant risk that the accused will not attend court.
For more information, you can contact Legal Aid Victoria, or the Victoria Law Foundation. They provide free legal advice and resources for understanding the legal system. The Department of Justice and Community Safety's website also provides useful information about the bail process.
If you need legal assistance regarding bail, it is advisable to seek immediate legal counsel. Many lawyers specialize in criminal law and can guide you through the complex bail application process. Remember, it's important to fully understand your rights and obligations when applying for bail.
