What happens when you are arrested and who can apply for Bail?

When you are arrested, it is because you have broken the law or the police have reasonable grounds to believe that you have broken the law. Whether you are guilty or innocent of breaking the law, you need to be aware that if you resist arrest the police can also charge you with resisting arrest in addition to the original offence.

After you have been told by the police that ‘You are under arrest’ and the reason for the arrest, the police will take you to the police station.

At the police station the police officer will request you give them your personal belongings such as your wallet, jewellery and other personal effects. They will then ask you some questions such as your name and address.

Other than providing your name and address, you do not have to agree to be interviewed by the police. The police officer will ask if you consent to being interviewed and advise you that you do not have to agree to be interviewed.

Until you speak to an expert criminal lawyer, it is best not to agree to be interviewed by the police. You have the right to ask the police to call a lawyer to come to the police station to provide you with legal advice.

Bail Application

Initially, the police will decide as soon as reasonably practicable, whether they will release you directly from the police station with a Court Attendance Notice, or whether they will take you to Court so you can make a bail application.

If you are taken before the Court for a bail application, you have the right for a lawyer to represent you in Court and speak on your behalf for the grant of bail.

An expert criminal lawyer is aware of what the Court considers when making a decision to grant or refuse bail. This includes:

– Whether it is likely that you will appear in Court on the next Court date;

– Your interests; and

– The need to protect any victims and the community.

The Court will look at these factors as well as the seriousness of the offence. The more serious the offence, the harder it is to be granted bail.

If you are arrested, remember that you have the right to ask to call a lawyer. The best thing to do is to speak to an expert criminal lawyer as soon as possible. This ensures that you understand whether you should answer any questions from the police, as well as increasing the likelihood of the Court granting you bail.

If you have been arrested by the police, you need to act quickly and talk to an expert criminal lawyer as soon as possible. For strong, practical and effective legal advice, call Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com.au for an appointment.

Easy parking directly opposite the practice and convenient to local transport!

Barwick Boitano is located close to Parramatta Criminal Courts and Police Station.