Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
The Court can only refuse bail if there is an unacceptable risk and that risk cannot be protected against (mitigated) by the imposition of appropriate bail conditions. It is the task of your lawyer to formulate conditions that address the Court’s concerns. The conditions must be reasonable; proportionate to the offence; appropriate to meet the unacceptable risk; not be more onerous than necessary; and be reasonably practicable.
Examples of conditions that a Court can impose are as follows:
- Conduct requirement – that the accused person do or refrain from doing anything, for example:
- To be at Court on a certain date – this is the primary purpose of bail
- Contact restrictions – not to contact certain persons, usually an alleged victim
- Location restrictions – not to go to certain places
- Residential – to reside at a certain address
- Curfew – To be at a certain address at certain times
- Reporting – To report to police at certain times
- Surrender of passport
- Security – that the accused or an acceptable person (often a family member) offer to forfeit a certain amount of money in the event that the accused does not attend Court as required (this condition can only be imposed if there is an unacceptable risk the accused will fail to appear)
- Character acknowledgment – that an acceptable person provide a written acknowledgment to the Court that they regard the accused person as a responsible person who is likely to comply with his or her bail acknowledgment
- Accommodation requirement – that suitable arrangements be made for the accommodation of the accused person before he or she is released on bail
- Enforcement condition – requiring the accused to comply with one or more specified kinds of police directions, for example random urine testing. This condition can only be imposed at the request of the prosecutor.
More Information on “Security”
A bail condition involving security can only be imposed if there is an unacceptable risk that the accused will not attend Court as required.
A Court has the power to grant you bail on the condition that you or an acceptable person deposits cash or security. If a Court makes an order that the cash or security be deposited, the money will have to be handed in to a Court, jail or a police station.
The Court will want to know that the money or security belongs to the person handing it over and not someone else. This means that you or the acceptable person will have to show the Court where the money or security came from. A bank statement and a bank withdrawal receipt is usually enough for cash deposits.
The money or the security will remain with the Court, jail or police station while the bail remains in force. If you do not appear or comply with terms of your bail, the money or security can be forfeited. If this occurs, the person depositing the cash or security can apply to the Court for an order that the money or security not be forfeited but returned to that person.
How much Cash Bail is Enough?
We are commonly asked: “How much money should I put up for bail?” The answer is that it is up to the Judge or Magistrate as to what they believe is acceptable. There is no set amount of money that will secure bail.
It has been our experience that $20,000 has been sufficient to secure bail for a serious offence. Obviously the larger the amount of cash/security deposited the more likely bail is to be granted.
Many people would prefer to use their house or other property as security which means that their cash is not tied up and it allows them to deposit a larger amount of bail.
Property as Security
Depositing property as bail is a more complex process than cash as you will need to prove the value of the property, the amount of equity you hold in the property and you may also need the approval of your bank.
The practical difficulties associated with offering property as security may result in your release being delayed so it is very important to be well organised.
Promise to Forfeit Cash
The Court has the power to grant bail on the condition that you or an acceptable person agree to forfeit an amount of cash or security if you fail to comply with your bail. In this case, you don’t have to hand the money or security over, but it will have to be handed over if you don’t comply with your bail.
This is a less secure condition and is used in less serious cases.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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