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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
New South Wales’ bail laws are governed by the Bail Act 2013, which significantly changed the state’s bail laws from what they were previously. The courts now have fresh criteria to apply and a person is generally more likely to be granted bail than they were under the old act (Bail Act 1978).
The Bail Act 2013 gives the court power to:
- Dispense with bail (ie release a person from custody without any conditions whatsoever);
- Grant bail conditionally or unconditionally (ie release a person from custody with or without conditions);
- Refuse bail.
How does a court decide whether to grant bail?
Sections 17 and 18 of the Bail Act set out how a court determines whether to grant bail to an accused person. The factors that a court must consider are:
- the likelihood of the person appearing at court to answer their charges;
- the likelihood of them committing an offence while on bail;
- The likelihood of them harassing or endangering anyone while on bail;
- the likelihood of them interfering with evidence, witnesses or the administration of justice while on bail.
If the person has already been found guilty of the offence, the court must also consider the likelihood of them being sentenced to imprisonment, along with other factors.
Bail for show cause offences
Show cause offences are offences for which the accused person must ‘show cause’ for why they should be released from custody.
Show cause offences include:
- Serious child sex offences;
- Serious personal violence offences where the accused has a prior record for serious violence;
- Offences punishable by a maximum penalty of life imprisonment.
How likely is bail to be granted?
The likelihood of bail being granted to a person depends on whether the court considers their release would pose an unacceptable risk. This will be assessed based on the seriousness of the charges against them, their criminal history and other considerations.
When the court grants a person bail it has the power to impose a range of conditions to address any concerns the court has about their behaviour while on bail.
A person’s bail conditions may include a condition to abstain from alcohol or drugs, to adhere to a curfew, not to associate with alleged co-offenders, or to surrender their passport while on bail.
Bail conditions relating to treatment and rehabilitation can also be imposed where the offending was related to drug or alcohol use.
Can I apply for bail more than once?
Section 74 of the Bail Act states that a court may not hear a further bail application from a person who has previously been refused bail by the same court unless there are grounds for a further application.
Grounds for a further bail application exist if:
- At their first bail application they were unrepresented;
- Their circumstances have changed since their first bail application;
- Fresh information is to be presented;
- The person is a child and the first bail application was made on their first court appearance in relation to the matter.
Supreme Court bail
A bail application can be made in the Supreme Court. Supreme Court bail applications follow a more formal process and material in support of the application must be presented in affidavit form. A bail application may be made in the Supreme Court when a person’s criminal matter is before the Supreme Court or when a person is seeking a review of a refusal by a magistrate or District Court judge to grant bail.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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