Lawyer for bail applications QLD
At Donnelly Law Group we understand that bail is a fundamental component of the criminal justice system in Queensland. Obtaining bail allows an accused individual to remain in the community while awaiting trial or sentencing, rather than being held in custody. This process is not always straightforward, as the courts will assess factors such as the risk of re-offending, likelihood of appearing and whether the accused poses a danger to the community.
Our experienced criminal lawyers have extensive knowledge of Queensland’s bail legislation, court procedures and the steps required to effectively advocate for our clients’ release. We will guide you through every stage of the bail application process, ensuring all evidence and arguments are presented effectively to receive the best outcome possible.
Bail applications our experienced criminal lawyers can provide support for
Bail applications
In Queensland, bail applications are governed by the Bail Act 1980 (Qld) and generally applied for in the Magistrates Court. Serious offending and refused bail matters may be referred to the Supreme Court of Queensland for a review.
The courts examine these factors when deciding to grant bail:
- Seriousness of the offence
- Accused’s criminal history
- Risk of re-offending
- Likelihood of appearing to court
- Any danger to the community
- Strength of the case
- Applicants bail history
During the bail hearing, both the prosecution and defence will present their arguments supported by relevant evidence, allowing the court to determine whether bail should be granted.
At Donnelly Law Group our skilled lawyers will prepare submissions on your behalf and gather all evidence required, we address all concerns—maximising the likelihood of a successful bail application.
Bail variations
A court has the power to vary an existing bail undertaking. Such changes may be necessary when personal circumstances change or if the existing bail conditions becomes too onerous to comply with. In certain circumstances, police or prosecutions may have powers in the undertaking to modify certain conditions of bail, this may include excusing you from reporting to a police station on an occasion or amending your residential bail address.
However, major changes to existing bail conditions such as removing a curfew entirely or a condition preventing overseas travel may require an application to the court that granted bail.
Bail enlargements
It is the usual practice that each time a matter is mentioned before a court, the court would enlarge (extend) the bail. If the court did not enlarge bail, you would have to be taken into custody.
Key Points:
- The court will usually enlarge bail automatically when your case is adjourned
- Your bail conditions remain the same unless you apply for a bail variation
- If you breach your bail conditions at any time while on bail, you could be arrested, and your bail can be revoked
Breach of bail
When granted bail, it is important for you to read the bail conditions and fully understand the conditions set by the court or police. These bail conditions are legally binding and must be always followed, failing to comply can lead to additional charges and/or a warrant for your arrest.
Breaching any conditions of bail is punishable by a maximum penalty up to 2 years imprisonment or a fine up to $6452.
At Donnelly Law Group, many of our clients have had there breach of bail charges dismissed or penalties reduced through strategic legal representation.
Fail to appear
If you fail to attend court as required and you are on bail, that failure to appear is an offence. The court would usually issue an arrest warrant.
At Donnelly Law Group we have successfully defended clients facing bail breach charges by providing strategic legal representation and strong advocacy in court. Our lawyers have also successfully negotiated with the prosecution often securing our clients with minimised penalties and, in many cases, having the charges dropped completely.
Supreme Court bail application
If you have been refused bail by the Magistrates Court or do not wish to apply for bail in the Magistrates Court, you can apply to the Supreme Court for bail. The Supreme Court has the authority to refuse bail, grant bail or vary your bail conditions. A fresh bail application can be made before a Supreme Court judge, allowing the court to consider the bail application on its merits.
A supreme court application for bail is a complex and expensive process, that involves completing court forms, producing multiple affidavits and drafting a bail order. At Donnelly Law Group we help clients with Supreme Court bail applications daily. Due to the nature of the application, it is recommended to seek legal advice to obtain the best legal outcome.
Why choose Donnelly Law Group for your bail application in QLD
Extensive experience handling bail applications in QLD
At Donnelly Law Group, we have 25+ years of experience in representing clients in bail applications across Brisbane and the Gold Coast. Our criminal lawyers have successfully handled bail applications at all court levels including the Children’s Court, Magistrates Court, District Court and the Supreme Court.
Local expertise
Our lawyers have extensive firsthand experience handling bail applications and breach matters in local courts throughout regional Queensland. At Donnelly Law Group we can assist you with:
Bail applications
Bail variations
Supreme Court bail applications
Legal advice on bail conditions
Personalised approach for all bail applications to help achieve the best outcome for our clients
We pride ourselves on providing a personalised approach to every bail application, we create a defence strategy tailored to your unique circumstances. Our primary goal is to secure the best possible outcome in court. Whether you’re applying for bail or seeking a variation of your conditions, our team will provide strategic guidance and strong legal representation defending your rights.
Book An Appointment.
What is the bail application process in QLD?
When a person is charged with a criminal offence in Queensland, they will either be held in custody or granted bail. A person could also be given a Notice to Appear (NTA). When an accused person is granted bail they are undertaking (promising) to appear in court at a particular time to answer the charge/s before a Magistrate.
Here is a step-by-step guide on the bail application process:
- A police officer can decide whether to grant you bail
- Police can refuse bail if there is a risk of re-offending or failing to attend court
- If police grant you bail
- If police refuse bail you can apply for bail in court
Our team of criminal lawyers can assist with your bail application, and can provide legal support.
Our legal strategy for bail applications in QLD
During our initial consultation regarding your bail application, our lawyers will listen to your side of the story and review your case in detail. We analyse all evidence provided by police and form a legal defence strategy aimed at achieving the best legal outcome possible.
We successfully assist clients daily in applying for bail in the Magistrates Court, varying bail conditions and applying for bail in the Supreme Court. Contact Donnelly Law Group today for a free consultation and have one of Queensland’s best criminal defence firms prepare your matter.
Our Personal Support System in Bail Applications.
The bail lawyers at Donnelly Law Group appreciate how stressful and painful it is to have your partner, family member, or friend held in custody. We provide a bridge of communication, legal management, and personal support between you and your loved one.
People have a hard time preparing bail applications for their loved ones because they lack knowledge of the law and cannot easily contact the person in custody. Our specialist bail lawyers gather copious amounts of information when preparing bail applications (including family history, criminal history, living conditions, career, relationships, and more). We then compile that evidence into a compelling argument and use it to negotiate with the police and courts.
But what makes Donnelly Law Group special is our willingness to go the extra mile when preparing bail applications. We oversee the personal circumstances of our clients and arrange for necessary measures such as rehabilitation programs, employment conditions, housing arrangements, and more. These additional measures can make all the difference in persuading the court to grant bail.
We understand that bail is a time-sensitive matter – people in custody risk losing their jobs, their home, and their relationships. We work quickly but thoroughly to get your loved one home sooner.
Book your free consultation with Donnelly Law Group today and have a team of the best bail lawyers in Queensland professionally prepare your bail application.
FAQs.
When should I speak to a bail lawyer?
Get in touch with our bail lawyers once you or your loved one has been taken into police custody or refused bail by the court.
People often spend weeks trying to figure out how to take action, leaving themselves stressed and confused. The best time to speak to a bail lawyer is now.
Contact Donnelly Law Group today and give yourself peace of mind knowing you have Queensland’s best team of bail lawyers on your side. We will begin working on your case right away and use all the time available to us to prepare your bail application for the best possible outcome.
Do I have to use my bail lawyer for my ongoing legal trial?
Once the bail matter is finalised, there is no obligation to continue using our expert criminal lawyers during the criminal hearing process.
However, the majority of our bail application clients decide to proceed with our team as they find they create a meaningful and trusted connection with our lawyers and want to continue with our services.
What is the difference between watch-house bail and court bail?
In Queensland, there are two types of bail: watch-house bail and court bail.
Watch-house bail may be granted to you by the police when you are arrested and charged with an offence. Once you sign the bail undertaking, the police will release you and you can remain in the community until the date of your court appearance. The bail undertaking will have a number of conditions that you must oblige by, including that you must attend court on the date stated.
Court bail may be granted to you by the court if you are refused watch-house bail by the police. You must apply to the court for court bail and make detailed submissions as to why you should be released from custody. Most importantly, you must quell the concerns of the police and courts and prove that you are not a risk to the community or the course of justice by negotiating bail conditions.
What must be proven when applying for bail?
In Queensland, the police or courts will only grant bail if they are satisfied that the person in custody does not present an unacceptable risk of:
- Failing to appear and surrender into custody; or
- Committing an offence;
- Endangering the safety or welfare of a victim of the charged offence;
- Endangering the safety or welfare of anyone else;
- Interfering with witnesses or otherwise obstructing the course of justice;
- Suffering a threat to their own safety or welfare.
When assessing the above risks, the police and courts will consider a wide range of factors. Such factors might include:
- The nature and seriousness of the offence;
- The character and background of the defendant;
- The defendant’s family relationships and home environment;
- The defendant’s associations;
- The defendant’s employment;
- The defendant’s criminal history;
- The defendant’s history of breaching bail;
- The strength of the evidence against the defendant;
- The defendant’s relationship to the community, justice groups and cultural considerations;
- The risk of further domestic violence being committed by the defendant;
- Any promotion of terrorism by the defendant or association with a terrorist organisation;
- The ability and likelihood of the defendant fleeing;
- The ability of someone to pay a surety for the defendant’s bail;
- The ability of the defendant to comply with bail conditions.
Contact Donnelly Law Group today if you or a loved one has been refused bail. Our specialist bail lawyers will assess the concerns of the police and the courts and negotiate a set of conditions that can lead to the granting of bail.
What conditions can be imposed under bail?
There is a standard set of conditions that are included in all bail orders:
- You must willingly appear before the court for appearance dates and surrender into custody whilst on bail;
- You must not commit further offences whilst on bail;
- You must not endanger the safety or welfare of a victim of the charged offence or anyone else;
- You must not interfere with witnesses or otherwise obstruct the course of justice.
However, there are many other conditions that the police or courts may wish to include in your bail orders. Such conditions might include that you must:
- Live or stay at a certain residential address;
- Not communicate or approach certain people;
- Not approach certain locations;
- Surrender your passport;
- Not approach international points of departure (e.g. airports or seaports);
- Report to the police on a regular basis;
- Obey a curfew;
- Provide a surety;
- Comply with Domestic Violence Orders;
- Undertake rehabilitation courses or programs.
Contact Donnelly Law Group if you have been refused bail or want to vary your current bail conditions. Our specialist bail lawyers will assess the concerns of the police and the courts and negotiate a set of conditions that are fair to all parties.
Can I vary my bail conditions?
Yes, it is possible to vary your bail conditions by either applying to the police or applying to the court.
You can only apply to the police to vary your conditions if your bail order states that the police may make variations.
You must apply to the court to vary your conditions if the police do not have the power to make variations.
Conditions that are commonly varied include the police station that you must report to, the days you must report to the police and changes to your residential address.
Contact Donnelly Law Group if you want to vary your current bail conditions. Our specialist bail lawyers will apply on your behalf and argue your case for the best possible outcome.
Will my bail lawyer represent me in court?
The team of bail lawyers at Donnelly Law Group will research, prepare, and negotiate your bail application for you. They will then represent you in court and methodically argue your case to attain the best possible outcome.
What are the penalties for breaching bail?
In Queensland, it is an offence to breach the conditions of a bail undertaking.
Breaching the conditions of your undertaking may result in your bail being revoked and a warrant for your arrest will likely be issued. If you hand yourself to the police or are arrested after breaching bail, you will be held in the watch-house and taken to court on the next court day.
In court, you will have the chance to explain why you breached bail (see defences below). If the court does not accept your reason for breaching bail, you will be penalised.
The maximum penalty for breaching bail is a fine of 40 penalty units or 2 years imprisonment.
After you have been found guilty of breaching bail, it is still possible (but much more difficult) to apply for bail again.
Contact Donnelly Law Group if you or a loved one has been charged with breaching bail. Our specialist bail lawyers will pursue all potential legal defences and mitigating factors for the best possible outcome.
Are there any legal defences to breaching bail?
Yes, it is possible to defend a breach of a bail undertaking (such as an emergency or a medical concern).
Donnelly Law Group’s specialist bail lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
What legislation covers bail applications in Queensland?
In Queensland, laws regarding bail applications appear under the Bail Act 1980.
How much does Donnelly Law Group charge for bail applications?
A lot of people believe that they cannot afford to hire a bail lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference, or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, and domestic violence matters, and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
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