When you are arrested, the first thing your criminal lawyer will try to do is put in a bail request so that you are released from custody. Being released from custody gives you the chance to go on with your regular life as you await your case to be heard. However, one misconception people have is that all you need to do when accused of a crime is coming up with the amount required for your bail and that this will guarantee your court appearance or you lose your money. The truth is that the court grants bail at their discretion and your bail approval would be dependent on some factors. So what are some of the things that you need to know about bail?
What is the nature of your offence?
A primary consideration that is contemplated when you request for bail would be the severity of your crime. Some offences would not be eligible for bail because you could be at risk of recommitting the crime or perhaps will pose a danger to the public if you are no longer in custody.
What is the likelihood of you adhering to your court date?
It is up to you and your criminal law attorneys to prove to the court that you are not a light risk. Most commonly, this involves showing evidence of roots in your city, and this could be in the form of holding your job for a significant period, having a family and showing that you have had a clear criminal record. If the court doubts that you would return to court once your bail is granted, chances are your request will be denied. Alternatively, the court may stipulate some condition for you to meet to ensure that you do not skip town.
What is the likelihood of witness tampering?
If witnesses are crucial to your criminal case, the court would have to consider the possibility of you tampering with them. Tampering could be in the sense of colluding with the witnesses to get your story straight or threatening them not to give their testimony in court. Any suspicions of witness interference could have your bail request denied.
What would be the punishment for your offence?
Another consideration when the court is deliberating your eligibility for bail is what the likely punishment would be if you were found guilty of your accused crime. It is not uncommon to find criminal offences that would not typically result in a prison term are highly likely to have their request for bail approved. Nevertheless, even if you face imprisonment if found guilty, the court could still decide to grant you bail.
Share23 September 2017
Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.