5 Factors That Determine Your Eligibility for Bail


If you or someone you know has been arrested, one of the best ways to ensure you stay out of custody is applying for bail. A bail bond is only provided to those who promise to attend court hearings when required and comply with bail conditions. But before granting bail, different factors are taken into consideration by the Judges in the Supreme Court and Magistrates in Local Court. If you are wondering what they are, such aspects are explained by our criminal lawyers in Burwood as below:

Severity of Offense:

The first thing being considered is the type or seriousness of the offence. According to the law, the bail surety amount is dependent on the type of crime being committed. Therefore, minor offences will attract lower bail when compared to other serious violations. For instance, if you were arrested for murder, you are more likely to pay higher bail surety amount. That said, you should also know that bail applications can also be denied if the crime is severe.

Your Personal Circumstances & Community Ties:

The judge will also investigate your personal circumstances , such as age, antecedents, medical or mental health status, wealth and employment, family life, and criminal history when deciding whether to grant bail. According to the criminal lawyers in Burwood, if your personal circumstances and community ties are strong and there is no risk of absconding , then bail might be granted to you.

Prior Criminal History:

Another important factor being considered to approve your bail application is the past criminal history of the accused. If you don’t have a history of past crimes or arrests, or warrants for arrest, then it usually results in a higher possibility of getting bail. Judges not only look into your past criminal history, but they also consider the severity of crimes (if any) and if your record shows you missed court before.

Attending Court Hearings:

As mentioned earlier, another important aspect for granting bail is the guarantee that you will attend court hearings. If you have a history of not showing up in court when you were supposed to, it would usually result in a higher bail amount or even bail denial.

If the judge is convinced that you won’t attend court hearings, the chances of obtaining bail will be pretty low. The criminal and traffic lawyers in Burwood explain that you will face other tough consequences if you fail to appear at the court hearing without notice. The court can issue an arrest warrant to get you back in custody and deny you bail

Threat to the Public:

If the person accused of a crime is considered a danger to public safety, the judge can deny the bail. Those accused of murder or sexual assault are typically regarded as threat to the public.

If you or someone you know has been accused of a serious crime and the judge has denied you bail, you should get the assistance of prominent lawyers in Burwood, who can look into your case and recommend the best options for you.

The author is one of the qualified criminal lawyers Burwood working in a recognised law firm for more than 14 years. In this article, he explains the factors considered to determine one’s eligibility for bail. Visit https://powerhouselaw.sydney/ for more information.

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