Bail is a written court permission, known as bail undertaking, allowing a person who is charged with a criminal offense to be temporarily released from the prison, while they are awaiting trial or result such as a guilty plea or withdrawal of their accused charges. It also allows a person to be released from the prison in exchange of the money which the court will hold until the trials, and the proceedings are completed against the accused person. Bail is not a fine and is not supposed to be used as a punishment. The purpose of a bail is to ensure that the accused person will appear in the court for all the pretrial and the trial hearings, when summoned at the specific date and time. The bail is returned to the accused person when their trial is completed, in some cases a processing fee is deducted.
The amount of the bail is decided by the magistrate or the judge by weighing many factors. Few of the factors are as follows:
(1) The risk of the accused person fleeing.
(2) The type of the crime.
(3) The “dangerousness” of the accused person.
(4) The safety of the people living in the community.
Sometimes, the judge releases the accused based on their own recognizance (without monetary payment), if they have a steady job, personal circumstances that they do not flee, or roots in the community.
The accused person when on a bail needs to follow certain conditions. The conditions are as follows:
(1) Should appear in the court on the specified time and date.
(2) Should not commit further offenses.
(3) Meet the community officers regularly and follow their instructions properly.
(4) Restrict communication with certain specified people.
(5) Should attend a drug rehabilitation program or a domestic violence program.
(6) Should stay in specific locations at specified hours or be monitored by an electronic equipment when staying at home.
(7) Undergo certain specified tests, for example, urine test.
Sometimes, few bail undertakings include conditions that are specified in the court and listed in the bail undertaking (written bail).
Breach of bail occurs when the bail conditions are not met by the accused person. If you breach your bail, an arrest warrant is issued by the court. The bail gets rejected, and the accused has to go back to the court. Certain breaches of bail are also an offense, for example, failing to attend court without a reasonable excuse or giving false information for bail purposes. The accused is charged and arrested for committing the breach depending on its type. The accused may be granted bail based on additional conditions, if not, they have to face severe consequences. The breach of bail conditions is a very serious offense and if the breach is violated, legal advice becomes really essential. There are many firms, which have extensive knowledge and experience in dealing with criminal matters, offering excellent legal services. Therefore, it is advisable for the accused to seek their help so that they are well-informed and represented throughout their legal difficulties.
Author Bio: Lawson Legal Criminal Law is a boutique law perform comprising skilled criminal lawyers in Western Australia. Lawson Legal Criminal Law ‘s defense lawyers offer legal advice on criminal law in many Western Australia areas.