FAQs About Bail Bonds and How We Can Help

October 25, 2022

It is not unlikely that you have no idea about bail bonds until you or any of your loved ones gets involved in crime and gets arrested. Having no idea about the bail and bonding process, how to seek a lawyer and the costs related to it, it seems you’re losing grasp of what is the next best thing to do.

Here, we laid out the frequently asked questions about bail bonds in Australia and how our firm can offer help.

What Is a Bail Bond?

A bail bond is a type of court payment given by a surety bond company through a bail bondsman that releases the defendant from jail.

Bail bonds are a defendant’s way to post a bail when they are financially incapable.

There are two types of bail bonds: civil and criminal. 

• Civil bail bond – intended for civil cases and ensures the debt payment, plus interest and costs, determined against the defendant. 

• Criminal bail bond – intended for criminal cases and ensures that a defendant, when called upon by the court, shows up for trial. This also guarantees payment for penalties and fines agreed upon against the defendant. 

How Does the Bail System Work in Australia?

When a person commits a criminal offence and is charged by the police or court, he or she can avail temporary liberty called bail.

Bail in Australia can work similarly or differently from other countries, but generally, especially in New South Wales, it abides by the Bail Act 2013.

Whilst the court recognises the importance of human right and liberty, anyone accused or charged can apply for bail, given the parameters set by the law are adhered to by the accused person.

When applying for a bail bond, the defendant can call a bail bond agent after the judge sets bail. The bail bond agent (also called the bondsman) will require the defendant or any significant other to pay a certain percentage of the bail amount, which the usual rate is at 10%. The defendant shall be released until trial once the bail bond is fulfilled.

The release process will start once the bond agent has the payment. In case the defendant skips bail, he/she then must sign a contract forfeiting his/her property in order to cover the bail amount. 

What Are Factors for a Bail?

There are two factors involved that the court must consider when it comes to giving bail—whether you need to ‘show cause’ or not. 

As for showing cause, it means you have to explain to the court why putting you in prison is unjustified. The court must take several things into account when making its decision. The judge will determine whether probable cause supported the arrest.  

When determining if you will have to show cause depends on your offence and whether you were already on bail or parole by the time you were charged. The judge will then decide if a probable cause reinforced the arrest. 

Show cause is highly necessary with serious offences, such as firearms or violence and those involving sex. Failure to show cause will lead you to not having bail.

What Are Some Bail Concerns?

The court will have to assess four things after deciding whether you have to show cause. These four things, also known as bail concerns, are the following: 

• Committing serious offence
• Attending court as required 
• Interfering with the evidence or the witnesses
• Endangering any individual or the community. 

The court will grant you bail if they think you are not a threat about any of these issues or the concerns can be resolved by putting conditions on your bail. 

How Much Is the Bail in Australia?

In Australia, the amount for bail you need to pay varies, depending on several factors, including: 

• Offence’s severity. The more serious the offence is, the higher the bail amount will be. 
• Your financial situation.
• The possibility of you not following the bail terms and conditions.
• The probability of you showing up for court when you are due. 

It is best to consult your criminal defence lawyer about how much your bail costs will be. Your lawyer can provide you an estimate based on your personal circumstances and your case. 

Moreover, what does bail mean in law? Bail in law means a procedure in which a judge sets liberty to one who has been imprisoned or arrested upon receipt of security. This is to ensure the defendant shall appear in court for more proceedings.  

What Are the Different Bail Conditions?

The following are the four types of bail conditions: 

• Behaviour Requirements 

Behaviour requirements is a set of bail conditions that a defendant must strictly follow.

• Reside at a specific address
• Report to the police as instructed
• Not getting near to certain people nor engage in any manner
• Surrender your passport 
• Follow a curfew 
• Observe limited movement (place and distance)

Other bail conditions are only imposed if requirements for conduct are not adequate.

• Character Recognitions 

This condition requires a person of good character to sign a form that states he or she is a responsible person who will follow all the bail conditions. The court will decide whether such a person is acceptable to provide a character recognition. Also, the person must not hold any criminal record. 

• Enforcement Conditions 

Enforcement condition ensures you commit to one of your bail conditions. Local authorities will have the full responsibility for taking any enforcement action deemed necessary, whether in the administrative or public areas. 

An example of an enforcement condition is when police officers can check you are following your curfew or when you submit a breath test to check your compliance on alcohol intake. 

• Security Requirements 

‘Security’ means you agree to pay money if you don’t attend court when you need to. Sometimes, before you will be released from custody, money should be deposited with the court. A property can also be used in replacement to money. 

What Happens If the Bail Is Breached?

If you fail to attend court or violate bail conditions, you will be arrested and returned to the court. They can decide to warn you instead of arresting you if the breach is not serious.  For example, you reported late to the police. The police will be the one to decide this. In case you will be taken back to court, it’s either you will be granted bail again or not. 

Mardini Defence Lawyers: Defending You

We at Mardini Defence Lawyers will defend you. Our team has been serving NSW for many years and specialises in criminal defence. 

We have a client-focused approach to legal practices that tailors every defence to the needs of our clients. We will outline the process, the law and the costs involved in defending you. We ensure your rights are protected all throughout the process. 

For bail concerns in Australia and for any other legal advice, don’t hesitate to reach out to us. All throughout the process, we represent our clients and guarantee that their rights are protected at all costs.

Feel free to contact us on 0412-719-705 anytime.