Bail Applications

At Drinkwater Criminal and Family Lawyers, we understand that securing bail is a critical step in safeguarding your freedom while awaiting trial. Our experienced legal team is dedicated to assisting clients in Forster, Taree, Newcastle, Port Macquarie, and surrounding areas with both Local and Supreme Court bail applications.

Understanding Bail in New South Wales

Bail allows an accused person to be released from custody under specific conditions until their court proceedings are finalised. In New South Wales, the bail process is governed by the Bail Act 2013, which outlines the procedures and considerations for granting bail.

Local Court Bail Applications

When an individual is charged with an offence, their initial bail application is typically heard in the Local Court. The magistrate considers various factors, including:

  • The nature and seriousness of the offence.

  • The strength of the prosecution's case.

  • The accused's criminal history, if any.

  • The likelihood of the accused appearing at future court proceedings.

  • Any potential risks to the community if the accused is released.

If bail is refused at the Local Court level, the accused may consider applying to the Supreme Court for bail.

Supreme Court Bail Applications

An application to the Supreme Court for bail can be made after an application in the Local Court has been refused. The Supreme Court has the authority to grant bail in cases where lower courts have denied it. The process involves a comprehensive review of the case, and the court assesses factors such as:

  • The seriousness of the offence.

  • The strength of the prosecution's evidence.

  • The accused's personal circumstances and background.

  • Potential risks, including the likelihood of the accused failing to appear in court or committing further offences.

Our Legal Services

  • Expert Guidance on Bail Applications: We provide clear advice on the bail process, helping you understand your rights and the steps involved in applying for bail at both Local and Supreme Court levels.

  • Preparation and Representation: Our team meticulously prepares all necessary documentation and represents you during bail hearings, presenting compelling arguments to support your release.

  • Tailored Bail Conditions: We negotiate appropriate bail conditions that address any concerns the court may have, increasing the likelihood of a successful application.

Why Choose Drinkwater Lawyers

  • Local Expertise: With extensive experience in Forster, Taree, Newcastle, and surrounding regions, we have a deep understanding of the local courts and legal procedures.

  • Client-Centric Approach: We prioritise your needs, offering personalised legal strategies tailored to your unique situation.

  • Proven Success: Our firm has a strong track record of successfully securing bail for clients, demonstrating our commitment to achieving the best possible outcomes.

Contact Us

If you or a loved one requires assistance with a bail application, don't face this challenging process alone. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the expert legal support you need to navigate the bail process effectively and protect your rights.

Contact Us