Criminal Bail Lawyers Melbourne

Our specialist bail lawyers in Melbourne are vastly experienced representing clients in all jurisdictions

  • If you are an accused person remanded in custody before the date of your hearing, you may be able to apply for bail, meaning you may be released until you are required to attend court for your trial
  • Conditions may be imposed upon you during this time so it is important that you understand the specifications of your bail terms and that you adhere to them at all times
  • JDA’s bail lawyers are experienced in bail applications and may be able to help you understand your options and represent you in court

Need immediate advice in regards to a bail application?

Call James Dowsley & Associates 24/7 on (03) 9781 4900

JDA Legal JDA Legal Bail Expert Advise scaled

What Is Bail?

If you have been arrested and charged in police custody, and are expecting a court hearing for charges related to why you’re currently in police custody, you can apply to be released on bail.

Bail is when a court allows you to leave their custody on the condition that you show up to court, alternatively you will be left in police custody until your court hearing.

Bail lawyers can help you to get bail by speaking to the right officer or by helping you fill out a bail application.

Our lawyers can assist in getting a person bail by enrolling them in an approved bail support program called CISP (Court Integrated Services Program). If you are found suitable to participate in the CISP program, it will enhance your prospects of obtaining bail.

The Bail Application Process

When you’re facing a minor criminal charge, you will usually receive a summons requiring you to attend a local court on a certain date.

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, unless they set a court date within 24 hours, or if you pose a threat to the public
  • You may be held in custody and and asked to make your case for bail to a bail justice
  • If you are approved for bail, you be allowed to leave, provided you comply with any bail conditions in Victoria set
  • If you breach the bail conditions or fail to appear in court on the set date, penalties will apply
  • Note that the local court reserves the right to revoke bail if deemed necessary
  • If you are refused bail you will have to remain in police custody until the date of your trial
  • In certain circumstances, you can make a second application for bail

Previous Convictions Bail Application

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 bail lawyers who have experience helping clients who have had previous offences in a court setting and for people trying to get bail. We can also help you to lodge a previous conviction bail application.
While it may be more difficult to get bail when you’ve had previous offences, the system is still the same for applying for bail as per the bail rights and specifications in Victoria that are set out in the Bail Act 1977.

Reasons For Refusal

Reasons the court may not grant you bail include:

  • They believe you are likely to fail to attend court on the set date
  • You pose a risk to others if released
  • You are likely to commit another offence whilst on bail
  • The course of justice may be obstructed, such as witnesses being interfered with
  • You have submitted previous convictions bail applications and been denied
  • You committed a serious offence for which bail is rarely granted

The seriousness of your offence, any previous convictions, and your personal character may also be considered during consideration of bail.

JDA’s experienced bail lawyers can represent you in court and advocate for your bail rights.

Conditions

Bail conditions in Victoria that may be placed upon you when bail is granted can include:

  • Attending court on the set date for your trial
  • Staying away from certain locations
  • Surrendering your passport
  • Reporting to a police station on a regular basis
  • Not consuming alcohol or drugs
  • Making a small monetary deposit

The terms of your bail, if granted, will be clearly laid out in a written bond.

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.

Need Representation in Melbourne for
a Bail Application?

Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7 on bail applications.

Request a Free Consultation

Key contacts

Speak to our criminal law specialists
Adrienna Kisvarda
Adrienna Kisvarda
Criminal Defence Lawyer Frankston
(03) 9781 4900 - adriennak@jdalaw.com.au
Kymberley Skillen
Kymberley Skillen
Criminal Defence Lawyer Dandenong
03 8788 5600 - kyms@jdalaw.com.au
Melainie Vinton
Melainie Vinton
Criminal Defence Lawyer Dandenong
03 8788 5600 - melainiev@jdalaw.com.au
Ben Hanley
Ben Hanley
Criminal Defence Lawyer Frankston
03 9781 4900 - benh@jdalaw.com.au
Lorna Williamson
Lorna Williamson
Criminal Defence Lawyer Frankston
03 9781 4900 - lornaw@jdalaw.com.au
Anthony Maselli
Anthony Maselli
Criminal Defence Lawyer Melbourne
03 8602 1400 - anthonym@jdalaw.com.au
James Dowsley
James Dowsley
Principal & Accredited Criminal Law Specialist
James has been involved in the Criminal Justice System as a Lawyer for over 25 years and gained his Specialist Accreditation from the Law Institute of Victoria in 2002. Being a dedicated advocate for clients human rights, James has a passion for defending his clients in the Australian Courts.
03 8602 1400 - jamesd@jdalaw.com.au
Domenic Care
Domenic Care
Partner - Melbourne
Domenic Care joined James Dowsley & Associates in 2013. He appears regularly in the Magistrates’ Court, County Court and Children’s Court of Victoria for matters including plea hearings, contested bail applications and appeal hearings.
03 8602 1400 - domenicc@jdalaw.com.au
Kieran Reynolds
Kieran Reynolds
Accredited Criminal Law Specialist – Criminal Defence Lawyer
Kieran joined the JDA family in 2015 having worked at several large Criminal Law firms since 2004. He regularly appears in both the Magistrates Court and County Court in a diverse range of matters. Kieran was admitted as an Accredited Criminal Law Speciality in 2009 and has maintained his Specialist Accreditation every year since. He is committed to ensuring that the rights of his clients are upheld in court.
03 8602 1400 - kieranr@jdalaw.com.au
Brett Barratt
Brett Barratt
Criminal Defence Lawyer - Melbourne
Brett joined the JDA family in 2013 as a law clerk. He has since then worked as a paralegal at our Dandenong office between September 2015 and March 2016. Commencing as a Lawyer at our Frankston office in March 2016. He appears regularly on behalf of clients facing a range of summary and indictable criminal matters in the Magistrates’ Court. Brett also instructs counsel and assists in the preparation and running of complex indictable criminal cases in the County Court.
03 8602 1400 - brettb@jdalaw.com.au
Jackson McLeod
Jackson McLeod
Criminal Defence Lawyer Frankston
Having previously interned at the Victorian Law Reform Commission, JobWatch Victoria and Refugee Legal and the Asylum Seeker Resource Centre, Jackson has dedicated his career to providing access to justice to those who need it most. He regularly appears in the Magistrates’ Court and has instructed in the County Court. Jackson applies his keen attention to detail and broad knowledge of the law to all of his matters, and capably and professionally handles pleas, bail applications and case conferences at the Magistrates’’ Court.
03 9781 4900 - jacksonm@jdalaw.com.au
Bridie O’Malley
Bridie O’Malley
Criminal Defence Lawyer Dandenong
Bridie joined the JDA family in 2014 commencing as a volunteer law student, assisting in the formation of our Intervention Order section. Graduating to become a paralegal at our Dandenong office in 2016 and joining our team of lawyers in 2017.
03 8788 5600 - bridieo@jdalaw.com.au
Sally Abell
Sally Abell
Practice Manager
03 8788 5600 - sallya@jdalaw.com.au
Lucy Mcphail
Lucy Mcphail
Office Manager
03 8788 5600 - lucym@jdalaw.com.au