When you or someone close to you is in custody, it can be hard to know what to do next. ED Legal helps people facing bail matters in Sydney and across NSW understand their options, prepare for court and seek release.
Speak with us about a first bail application, what to do after bail has been refused, or changing conditions that are affecting everyday life.
Call ED Legal on 0416 849 997You do not need to know the legal terminology or have every document ready before making an enquiry.
Request a free initial consultationED Legal can explain what is happening, what the next step involves and what information may help your application. We can prepare your bail application and represent you in court, so you are not left trying to work through the process alone.
Depending on your situation, this may involve speaking with family about support, gathering relevant documents and explaining to the court why you should be released. Speak with us about the work involved and the fees before deciding whether to engage us.
After a person is charged, police may let them leave with a court date, release them on bail, or keep them in custody. Bail allows a person to be out of custody in relation to the charge while the case continues. They must still attend court and follow any bail conditions.
If police refuse bail, a court can still consider release. The person must be brought before a court as soon as practicable. Tell us where they are being held and any court date you have been given so we can discuss the next step.
The answer depends on your charges, circumstances and any earlier bail decisions. For some charges, there is an extra step called 'show cause': explaining why keeping you in custody is not justified. Meeting that requirement does not automatically mean bail will be granted.
The court considers whether you are likely to attend court and whether there is a risk of a serious offence, harm to someone, or interference with witnesses or evidence. We can help explain your circumstances and suggest suitable conditions to address those concerns.
Different rules can apply to children and some charges, or after a conviction. We can explain which rules apply to your situation.
Family members can help by sharing practical information about life outside custody. We can explain what is relevant to your situation. This might include:
Confirming where the person could live and whether the people at that address agree.
Providing details of work, study or caring responsibilities.
Explaining what family or friends can realistically do to help.
Providing relevant medical information or details of treatment already arranged.
Having any bail paperwork or earlier court decision available.
You do not have to put together a legal argument yourself. Tell us what support is available, and be clear about any limits. We can advise what documents are needed and how that support could assist the application.
Conditions can affect where you live, when you report to police, who you can contact and whether you can travel. If a condition is unclear or is making work or family arrangements difficult, get advice before changing what you do.
We can advise whether to apply to change your conditions and help prepare the request. This is called a bail variation. You must keep following the existing conditions unless and until they are lawfully changed.
A refusal does not always mean there are no further options. We can review why bail was refused and discuss whether a further application is available. There are rules about applying again to the same court, so the next step may depend on new information, changed circumstances or another recognised ground.
An application to the Supreme Court may be an option. We can explain whether that is an appropriate next step and what preparation is needed. The timing will depend on the court process and the circumstances of the case.
Get advice promptly if police say you have broken a bail condition or you have missed a required court appearance. Depending on what has happened, you could be arrested or have your bail reconsidered.
Breaking a bail condition is not automatically a separate offence. Failing to attend court as required by your bail can be a separate offence, although a reasonable excuse may provide a defence. Tell us what happened and have your bail paperwork ready.
When you contact us, tell us the charge or allegation and, if known, the court and next court date. If you are contacting us on someone else’s behalf, please let us know whether they are in custody. Have any Court Attendance Notice or bail paperwork available. Before sending detailed evidence or confidential documents, ask us how to provide them securely.
For information about our other services, visit our criminal law services page.
Explore ED Legal’s criminal law servicesFor a longer introduction to the process, read our guide to bail applications in NSW. Family members can also read what to do when a family member is arrested. These guides provide general information, not advice about the outcome of a particular application.
To discuss representation, request a free initial consultation. You can also learn about Ali El-Darwich and ED Legal.
This page provides general information about NSW bail matters. The applicable law, procedure and available options depend on the charge, the person's circumstances and previous court decisions. This overview is not a substitute for checking the provisions applicable to the particular person and proceedings. Obtain legal advice about the particular matter.
Tell us about your matter and we'll be in touch shortly.
Phone
0416 849 997
ali@edlegal.com.au
Office
Suite D.1, Level 2, 145 Great North Road, Five Dock NSW 2046
Hours
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