ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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."
Breach Of Bail (Qld)
If a person is charged and released on bail, they must sign an “undertaking of bail”. By this undertaking the person agrees to attend court as directed and abide by bail conditions. A breach of bail is considered a serious offence in Queensland, by police and the courts. If a person does not comply with their bail conditions, they can be arrested without a warrant and charged. Bail in Queensland is governed by the Bail Act 1980.
Section 29 of the Act states a person on bail must not break any condition of their bail. The maximum penalty is 40 penalty units ($5338) or imprisonment for 2 years.
Bail conditions are imposed to reduce the likelihood that the person on bail will:
- fail to appear in court or surrender into custody as required;
- commit an offence;
- endanger the safety or welfare of others;
- interfere with a witness or otherwise obstruct the course of justice.
Such conditions may:
- prohibit the person from entering, or staying in a licensed premises or an area near those premises;
- prohibit the person from attending or remaining at a stated event where alcohol is served;
- prohibit the person from contacting specific people or groups;
- require the person to surrender a passport or prohibit them from applying for one;
- require the person to undergo a physical or mental health assessment;
- require the person to take part in a rehabilitation, treatment or other intervention program;
- require the person to complete a Drug and Alcohol Assessment Referral course;
- require the person to wear a tracking device;
- require the person to live at a particular address;
- require the person to abide by a curfew.
Section 29 does not apply to a person aged under 18, or to conditions that relate to a Drug and Alcohol Assessment Referral or a tracking device.
Procedure for suspected bail breach
Under section 28 of the Act, if a court reasonably believes a person has broken or is likely to break a bail condition, it can issue a warrant for that person’s arrest.
When the person appears in court, the court has several options. It can:
- revoke bail, remand the person in custody, and direct that the person be brought before the court at a specific time;
- release the person on their original undertaking, or vary it.
A surety refers to a person who pledges to pay a specified amount if a person on bail does not comply with bail conditions. The surety’s undertaking is backed by a security, usually money or a house, which is forfeited in the event of a breach. The term surety can also refer to the specified amount undertaken to pay.
A surety must:
- be aged 18;
- not have been convicted of an indictable offence;
- not be under any disability in law;
- not be an insolvent under administration;
- not be, or likely to be, charged;
- not be worth less than the amount of bail.
In considering whether a proposed surety is suitable, a bail decision maker may consider the surety’s financial resources; their character and background; and their proximity (in kinship or geography) to the person on bail. The bail decision maker can decide to refuse surety from a person if they believe accepting surety would be ruinous or injurious to the person or the person’s family.
The bail decision-maker can require the surety to lodge in cash the amount of bail, or file an affidavit of ownership of property to the amount of the bail.
A surety can apply to a court to end their obligation as a surety for a person on bail, but only before a bail condition has been breached or the person on bail has been arrested. A surety has a right to apprehend a person on bail, with or without help from police, and bring the person before the court for this reason. If a surety is released from their obligation, the court can imprison the person on bail until that person provides another surety or security.
If a surety dies, their estate is not liable to pay the amount of bail, and the person on bail may be required to find another surety.
For advice or representation in any legal matter, please contact Armstrong Legal.
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