Bail allows an accused person to remain out of custody, usually on conditions, while a criminal case continues. It is not an acquittal, and it is not granted in every matter.
A court looks at the charge, the interests of justice and the circumstances of the accused. Those requirements differ from case to case. Legal representation can help to prepare the application and to present the relevant facts. Tsotetsi Attorneys cannot promise that bail will be granted.
How Tsotetsi Attorneys can assist
- Advice on whether a bail application can be brought
- Preparation of the application
- Presentation of the accused person’s circumstances
- Representation at the bail hearing
- Advice on bail conditions, if bail is granted
The decision on bail belongs to the court. An unsuccessful application is not the end of the criminal case, and a grant of bail is not a finding of innocence.
Bail sits within the firm’s criminal law work. Where the circumstances of an arrest are also in issue, that is a separate question and is discussed under unlawful arrest.
What to expect
Every matter is different. The steps below are a general outline, not a fixed process for every case.
- Initial consultation, which may need to happen at short notice
- Gathering the personal circumstances and documents that are available
- Advice on the application and on conditions that may be relevant
- Preparation of the bail application
- Representation at the hearing where the firm is instructed