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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."
Breach Of Bail (Vic)
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 conditions. A breach of bail is considered a serious offence in Victoria, 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 Victoria is governed by the Bail Act 1977.
There are 3 breach offences contained in the Act:
- Failure to attend in accordance with a bail undertaking;
- Contravention of any conduct condition of bail;
- Commission of an indictable offence while on bail.
Failure to answer bail
If a person does not attend court in accordance with their bail undertaking, they will be liable to a maximum penalty of imprisonment for 2 years.
Contravention of a conduct condition
Conduct conditions are conditions designed to reduce the likelihood that the person on bail will:
- endanger the safety or welfare of others;
- commit an offence;
- interfere with a witness or otherwise obstruct the course of justice;
- fail to surrender into custody as required by bail conditions.
Such conditions may, for example, require a person to report to police, live at a particular address, abide by a curfew, not contact specific people, surrender a passport, or not consume drugs or alcohol.
If a person contravenes a conduct condition, they are liable for a maximum penalty of 30 penalty units ($4003.50) or imprisonment for 3 months.
Committing an indictable offence
If a person released on bail commits an indictable offence (an offence that carries a maximum penalty of more than 2 years imprisonment), they will be liable for a maximum penalty of 30 penalty units ($4003.50) or imprisonment for 3 months.
Under section 24 of the Act, a police or protective services officer can arrest a person who has been released on bail if the officer:
- reasonably believes the person has breached or is likely to breach a bail condition;
- is notified in writing by any surety that the person on bail is likely to breach a condition to appear in court and the surety wants to end their obligation as surety;
- reasonably believes that a surety is dead or that security is no longer sufficient.
If a protective services officer makes an arrest, they must hand the person to police as soon as possible. A police officer must bring the person before a court or bail justice within 24 hours.
The court or bail justice has several options:
- 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;
- release the person on a new undertaking with or without sureties.
If a child is arrested, they must not be held in custody for more than 21 days.
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 and not under any disability in law. In considering whether a proposed surety is suitable, a bail decision maker may consider the surety’s financial resources; their character and any convictions, and their proximity (in kinship or geography) to the person on bail. The bail decision-maker can require the surety to lodge in cash the amount of bail, or lodge documents of ownership and the value of property to the amount of the bail. Such documents include a certificate of title for a property, an independent valuation or a bank statement of a mortgage on a property.
If a surety dies, their estate is not liable to pay the amount of bail. If a surety applies to a court to end their obligation as a surety for a person on bail, the court can issue a warrant to arrest the person on bail and bring them before the court. If the surety is discharged from their liability, the person on bail must find another surety or security, and the court can remand in custody the person on bail until another surety or security is provided.
Police can choose to issue infringement notices for breaches of some conduct conditions. The penalty is 1 penalty unit ($133.45).
For advice or representation in any legal matter, please contact Armstrong Legal.
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