Bail Lawyers

Do you need bail lawyers to get you out of jail? If you or one of your family members have been arrested and requires apply for bail, you are welcome to call one of our Bail Lawyers Bail Application Assistance. Our team of criminal law attorneys are highly skilled and ready to assist with urgent bail applications.

Bail Lawyers in Pretoria & Roodepoort

We are Criminal Law Attorneys that can assist with any type of bail application or criminal matter. Our team of of Criminal Law Attorneys are highly skilled and can assist you to protect your rights. Our service area includes Pretoria, Roodepoort, Randburg, Krugersdorp, Kagiso and Randfontein, as well as the surrounding areas.

How does a bail application work?

Bail money is money that is paid to ensure the temporary release of someone who is known as an accused who has been arrested and / or detained for an alleged criminal offence. There are three different forms of bail, depending on the type of offence that the person has been arrested and / or detained for.

What is police bail?

In terms of Section 59 of the Criminal Procedure Act, 51 of 1977 an arrested person may apply for bail at the South African Police Station before the expiration of 48 hours and before first if the offence for which the accused is in custody for does not fall under Part II or Part III of a Schedule 2 offence as contemplated in the Act. Such offence is not seen as one of a serious nature and the arrested person may be released under Police bail.

What is prosecutor bail?

In terms of Section 59A, a prosecutor duly authorized by the Director of Public Prosecutors, may authorize the release of an accused person on bail before their first court appearance, provided that the accused is in custody for a Schedule 7 offence as contemplated in the Act. A Schedule 7 offence is slightly more serious than that for which the police may fix bail under Section 59. For other serious offenses allegedly committed, requires a formal application before Court which will then determine whether to grant an accused bail or not. The accused will need to be brought before Court within 48 hours of being arrested if bail has not been granted by the prosecutor or police.

Bail applications heard in court

The last form of bail that may be applied for is that of a first Court appearance in terms of Section 60 of the Act.

At the bail hearing, the accused must inform the Court of any other charges or previous convictions and if there is any pending criminal charges against the accused. The prosecutor may state on record why bail should not be granted if the State feel the need to oppose the the bail application. The Court will consider all the information at hand before making a ruling. The Court may decide to postpone the bail application but it may not be postponed for longer than 7 days.

In the event that the accused be granted bail, the accused will be required to follow and adhere to certain bail conditions and he or she need to ensure that they are present at Court for each appearance, failing which, the bail will be revoked and the bail money paid by the accused will be forfeited.

After a person has been arrested, he or she is charged with a specific offence and thereafter he or she is commonly referred to as the “Accused”. The Accused needs to be brought before a Court within 48 hours after the Accused has been arrested. At this stage, the Accused may apply for bail. If the Accused is charged with a Schedule 5 or Schedule 6 offence, the Accused is required to launch a formal bail application before the Court in terms of the provisions of the Criminal Procedure Act, 51 of 1977. The formal bail application can be made by way of an affidavit or, alternatively, by calling witnesses or the Accused to the stand. The Court will consider the following factors when deciding to grant or refuse bail to the Accused:

• The nature of the offence;
• The strength of the evidence against the Accused;
• The Accused’s character and previous convictions the Accused may have;
• The Accused’s ties to the community;
• The risk and the likelihood of the Accused re-offending in the future;
• The risk of the Accused absconding for the hearing.

The Court may grant bail subject to certain conditions, such as reporting to the Police on a regular basis, surrendering their passport, or not contacting certain people to prevent the Accused from interfering with the case and investigation of the State. The burden of proof in a bail application rests on the State. The State must prove that it is not in the interests of justice to release the Accused on bail. If the Court grants bail, the Accused will be released from custody and will be required to meet the conditions set by the Court. If the accused fails to meet the conditions of their bail conditions, they may be arrested and brought back to Court.

Additional things to keep in mind about bail applications is that the Accused has the right to legal representation at his or her bail hearing. The Accused has the right to apply for bail even if they have been convicted of a previous offence. The Accused has the right to appeal a decision to deny bail.

If you have been arrested, it is important to speak to a bail lawyer as soon as possible. Our team of bail lawyers and criminal law attorneys at Raymond Sutton Incorporated can assist you with any type of Bail Applications and help you understand the entire bail application procedure as well as protect your rights and represent you during your bail application hearing as well as during your trial.