If you are convicted in a criminal case that is not very serious, you can apply for bail. Criminal lawyers say when it comes to bailing, you only have one chance – this means in case your bail is refused, you cannot apply for it again on the same charge unless there is a change in the circumstances. When you are filing a bail application, make sure you do it correctly. This implies you need the right lawyer representation with all the necessary material and information in the bail application.
Clearly, understanding the terms and conditions of the bail
Experts in the field of criminal law say that you must clearly understand all the terms and conditions listed in the bail once granted. Under no circumstance, should you breach any of the said conditions? Some of the common conditions that are listed in a bail are you should not communicate with a witness or the complainant in the case; you should not go out of the country, you should report at a police station, etc. In the case of protective bail, you cannot breach any of the conditions listed. Make sure you understand each condition with your lawyer so that out of ignorance you make no mistake.
What happens if you do commit a breach of the bail terms and conditions?
Criminal lawyers Perth firms state in case you do commit a breach of bail conditions or a condition while still out on bail, the court of law will give you a chance to explain your reason to do so. Only under exceptional cases, the court of law will consider the breach, and in such a case you need to reapply for the bail again. However, an exceptional case like having a job or a family with kids is not considered by the courts of law. The exceptional circumstance under which you breached the bail should be very serious for giving you a reason to do so.
What is an exceptional circumstance?
An exceptional circumstance where you breach the terms and conditions of the bail while still on bail can be a terminal illness or being the sole caregiver of a “special needs” child etc. The court will only consider the above and grant you bail again; however, it also reserves the right to refuse the bail if it deems fit in the current circumstances.
In case, you are unable to make an appearance at court on the said date; you should inform the court and your lawyer as soon as possible. Failure to attend court proceedings on the appointed date without notice will lead to a termination of your bail. Moreover, a police team will be sent to arrest you and place you in prison or a lock-up till the next date of the court hearing. With prior notice that you will not be able to attend the appearance in court on the said date through your lawyer will make you eligible for an extension of bail. The court will re-schedule the date and allow you to come back on a later date.
