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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.
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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
- Client
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.
- Client
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.
- Client
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.
- Client
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Bail
Bail is the release of a person who has been charged with, but not yet convicted or acquitted of, a criminal offence. Bail in Queensland is governed by the Bail Act 1980 which maintains a series of presumptions (for and against) in relation to bail, depending on the charges against, and circumstances of, the person coming before the court.
After a person is arrested and charged with a criminal offence, bail is the first matter which must be considered. The Act requires that a decision be made either by a police officer (normally at a watch-house), or a court, within 24 hours of a person being taken into police custody and charged. Bail decisions are normally made by a court, except in cases of minor offending for which police bail is often granted shortly after charge.
What powers does the court have?
The Act gives a court the power to do one of three things in relation to bail:
- dispense with bail, also called allowing a person to go at large, which means to release them from custody without any conditions whatsoever, or
- grant bail, that is, release the person from custody, either with or without conditions, or
- refuse bail, meaning that a person remains in custody on remand.
There is a presumption in favour of bail for most offences, in most circumstances. This means that a court must grant bail unless certain legislated criteria justify not doing so.
If you, or a family member, have been refused bail then you should contact a lawyer immediately because bail applications are often strongest in the early stages of a case while the prosecution case is still weak, or is a long way from completion.
What A Court Considers
A court that is dealing with a bail application will consider whether the applicant is likely to attend court to answer their charges, whether they have a history of offending, their circumstances and the nature of the allegations.
Types of Conditions That Can Be Imposed
The bail conditions that are imposed by a court will depend on the circumstances of the person applying for bail and the nature of the allegations against them. They may include a residence condition, conditions relating to alcohol or drugs, or a condition that the accused must surrender their passport while on bail.
Show Cause Situations
In some situations, a person may be required to show cause why they should be granted bail. This means that the presumption in favour of bail is reversed and the court must not grant bail unless the applicant can demonstrate compelling reasons why their continued detention is not justified.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
The rules of evidence govern how a fact must be proved in a court proceeding. Evidential issues that commonly arise…
The most commonly cited Queensland criminal legislation is the Criminal Code Act 1900 the Penalties & Sentences Act 1992 and the…
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.
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