Criminal Bail Lawyers Melbourne

Our specialist bail lawyers in Melbourne, Frankston and Dandenong are vastly experienced representing clients in all jurisdictions.

Our lawyers appear daily in bail applications in the Magistrates’ Court across both metropolitan and rural Victoria.

Our lawyers also prepare and instruct Counsel in applications for bail before the Supreme Court of Victoria. Applications for bail are prepared and run before the Supreme Court of Victoria usually in circumstances where we firmly believe our client should have been granted bail in the Magistrates’ Court but bail was refused.

If you have a family member or friend remanded in custody either on a particular date or for a period of time already, they may be able to apply for bail to return to the community whilst their matter before the court is ongoing
Bail regularly includes the imposition of conditions on an accused person. It is critical to any accused’s compliance with bail that they understand the conditions of bail they are subject to and that they adhere to those conditions of bail at all times
James Dowsley & Associates lawyers are enormously experienced in bail applications, including bail applications at very short notice. Our lawyers will be able to help you understand the process involved in applying for bail and will be able to represent your or your loved one in court
Our lawyers can provide advice as to how you can assist in the bail application process including providing financial assistance by way of a surety, producing character references and other means

If you have any questions or queries in relation to the bail process or you are seeking a lawyer to assist in applying for bail for a family member or friend please do not hesitate to contact one of our three offices.

What is Bail?

If your family member or friend have been arrested, charged, held in police custody and are expecting a court hearing for charges related to why they are currently in police custody they can apply to be released on bail.

Your family member or friend has the opportunity to apply for bail at their first court hearing shortly after they are taken in to custody.

Bail is when a court allows you to leave custody on the condition that you attend court on each occasion that the court requires you to. Alternatively you will be left in custody until your next court hearing.

JDA’s specialist bail lawyers routinely assist our existing and new clients to be granted bail by urgently preparing an application for bail on their behalf which includes assessing the strength of the case against them, speaking to their family, friends and support services and coordinating a treatment plan for them to convince the court that they should be released.

Our lawyers can assist in getting a person bail by enrolling them in approved bail support program including CISP (Court Integrated Services Program). Our lawyers also refer our clients to residential rehabilitation where necessary to increase their chances of being granted bail. If you are found suitable to participate in the CISP program or residential rehabilitation, it will enhance your prospects of obtaining bail.

The Bail Application Process

When you are facing a minor criminal charge, you will usually receive a summons requiring you to attend a local court on a specified date. You may otherwise be granted bail by the police.

However, if the charge is more serious, you may be arrested by a police officer and held in custody. If you are remanded in custody, a bail application may enable you to get back to your home and family during the period before your trial. Bail rights and specifications in Victoria are set out in the Bail Act 1977.

Steps you may encounter include:

The police officer who arrests you may grant you bail
You may be held in custody and asked to make your case for bail to a bail justice
If you are granted for bail by a bail justice, you will be allowed to leave the police station and will be required to comply with any conditions of bail set
If you are presented before a court and granted bail by a Magistrate, Judge or Justice depending upon which court you appear before you are permitted to leave custody and return to the community, you will be required to comply with any conditions of bail set
If you breach the bail conditions or fail to appear in court on the set date, penalties will apply
Note that the court which granted bail can, on application, revoke bail if deemed necessary
If you are refused bail you will have to remain in police custody until the date of your trial
It is possible to apply for bail on more than one occasion in particular circumstances

It can be more difficult to get granted bail if you:

Have requested bail previously and been denied
Have been in police custody for other offences
Have been approved bailed previously but didn’t comply with the terms
Have a history of not attending court hearings
Are considered an unacceptable risk to the community

James Dowsley and Associates are experienced bail lawyers who are incredibly familiar with the Bail Act 1977 (Vic). Our lawyers conduct bail applications on a daily basis and are highly competent in cross-examining police informants to expose any weaknesses in the case against you.

Reasons the court may not grant you bail include:
- You are an unacceptable risk of failing to attend court on the set date
- You are an unacceptable risk of endangering the safety and welfare of other persons if released
- You are an unacceptable risk of committing another offence whilst on bail
- You are an unacceptable risk of obstructing the course of justice such as interfering with witnesses
The seriousness of your offence, any previous convictions, your history of compliance on bail, the likely sentence, any delay, the strength of the case against you, support services available and your personal circumstances are some of the factors considered in assessing whether you will be granted bail.
JDA’s experienced bail lawyers can represent you in court and advocate for your bail rights.
Bail conditions in Victoria that may be placed upon you when bail is granted and can include:
- Attending court on the set date for your trial
- Residing at a particular address
- A curfew
- Staying away from certain locations or areas
- Surrendering your passport
- Reporting to a police station on a regular basis
- Not consuming alcohol or drugs
- Making a small monetary deposit or requiring a surety
The terms of your bail, if granted, will be provided to you to sign in the form of an undertaking.
The right legal advice and representation at every step of this process can help create the best outcome for your case and aid you in understanding the terms of your bail.