When a family member is arrested, the first hours matter. Knowing what to do, and what not to do, can affect how the bail application runs.
The first phone call
Find out where the person is being held and what charge is recorded. Ask for the case number. Do not let anyone make a statement before speaking to an attorney.
Phone a legal practitioner as soon as possible so that the application can be prepared for the first court appearance.
What the court considers
The court weighs the interests of justice against the accused's right to freedom. It looks at whether the accused is likely to stand trial, whether evidence or witnesses may be interfered with, and whether release would undermine public order.
The seriousness of the charge affects which schedule applies and therefore who carries the burden of proof.
What helps an application
A fixed address, verifiable employment, no previous failures to appear, and a willing surety all help. Documents proving these should be collected early.
Conditions can be offered to the court: reporting to a police station, surrendering a passport, or restrictions on contact with witnesses.
If bail is refused
A refusal is not always the end. A new application can be brought where circumstances change, and a refusal can be taken on appeal. We will advise which route fits the matter.
Where to from here
This article is general information and not legal advice on your matter. Facts change outcomes. If any part of it applies to your situation, speak to us before you act.