What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

Bail is the conditional or unconditional release of a person accused of a criminal offence while their case is still before the court. A person granted bail must attend court when required and comply with any conditions imposed by the police or court.

When can I apply for bail?

After a person is arrested and charged, police will decide whether to release them on bail. If police refuse bail, the accused will usually be taken before a court at the earliest opportunity, where a magistrate will determine whether bail should be granted.

What is a show-cause offence in NSW?

A show-cause offence is an offence or circumstance covered by the show-cause provisions of the Bail Act 2013 (NSW). The accused must show why their continued detention is not justified before the court proceeds to assess whether their release would create an unacceptable risk.

What factors can help show cause for bail?

The court may consider factors such as the strength of the prosecution case, the accused person's health and personal circumstances, their criminal history, the likely time they would spend in custody, their ability to prepare a defence and any other circumstances supporting release.

What is an unacceptable risk in a bail application?

An unacceptable risk is a bail concern that cannot be adequately addressed by appropriate conditions. The court considers whether the accused may fail to attend court, commit a serious offence, endanger another person or the community, or interfere with witnesses or evidence.

What bail conditions can a court impose?

Bail conditions may require the accused to live at a specified address, report regularly to police, obey a curfew, surrender a passport, provide a surety, avoid particular people or locations, or comply with other restrictions designed to manage identified bail concerns.

What are the possible outcomes of a bail application?

The court may grant unconditional bail, grant bail subject to conditions, release the accused without bail, dispense with bail or refuse the application. If bail is refused, the accused will generally remain in custody while the criminal matter continues.

Can I make another bail application after bail is refused?

A further release application to the same court is generally restricted. Another application may be permitted where the accused was not legally represented during the earlier application, new material information is available or there has been a relevant change in circumstances.

Can I apply to the Supreme Court of NSW for bail?

Yes. A person refused bail in the Local Court may apply to the Supreme Court of NSW. A Supreme Court bail application commonly requires an application form, written submissions, supporting affidavit evidence and proposed bail conditions, with the documents also served on the prosecution.

Does time spent in custody after bail is refused count toward a sentence?

Time spent in custody on remand is generally taken into account if the person is later sentenced to imprisonment. The sentencing court may backdate the commencement of the sentence to account for time already spent in custody.

How can a bail lawyer help with an application?

A bail lawyer can assess whether the show-cause provisions apply, identify the court's likely bail concerns, gather supporting evidence, propose appropriate conditions, prepare written submissions and represent the accused during the bail hearing.

Home > Bail Applications NSW

Bail Applications NSW

Urgent Bail Applications & Court Representation

If you or a family member has been arrested, refused bail or needs to make a bail application in NSW, Krayem & Co Lawyers can provide urgent legal advice and representation.

Our experienced bail lawyers in Sydney represent clients in Local Courts, the District Court and the Supreme Court of NSW. We prepare strategic bail applications designed to address the court’s concerns and present the strongest available case for release.

How Our Bail Lawyers Can Help?

We provide advice and representation for:

Police and court bail applications
Local Court bail applications
District Court bail applications
Supreme Court bail applications
Show-cause bail applications
Bail variation applications
Alleged breaches of bail
Applications following an earlier bail refusal

Bail Applications in NSW

Bail determines whether an accused person can remain in the community while their criminal charges are before the court.

Under the Bail Act 2013 (NSW), the court may consider whether the accused presents an unacceptable risk and, in certain cases, whether they can show cause why their detention is not justified.

Our criminal defence lawyers can prepare supporting material, develop appropriate proposed bail conditions and advocate for your release in court.

Why Choose Krayem & Co for a Bail Application?

Urgent Assistance
Bail matters can move quickly. We act promptly to prepare your application and supporting material.

Experienced Criminal Lawyers
Our lawyers regularly appear in criminal courts throughout Sydney and NSW.

Strategic Bail Preparation
We address the specific bail concerns raised in your case and develop practical proposed conditions.

Representation Across NSW
We represent clients in metropolitan and regional courts throughout New South Wales.

If you are unable to satisfy the Court that there are sufficient reasons for your release, bail will be refused, regardless of other bail considerations

Frequently Asked Questions - Bail Applications

What is a bail application in NSW?

A bail application is a request for an accused person to be released from custody while their criminal matter is before the court. The court considers the circumstances of the alleged offence, the accused person’s circumstances, any relevant bail concerns and whether conditions can adequately address identified risks.

What happens if police refuse bail?

If police refuse bail, the accused person will generally remain in custody until they can be brought before a court. A lawyer can prepare a court bail application, gather supporting material and propose appropriate bail conditions to address concerns raised by police or the prosecution.

What does “show cause” mean in a bail application?

For certain offences and circumstances under the Bail Act 2013 (NSW), an accused person may be required to show cause why their continued detention is not justified. If the show-cause requirement applies, this issue must be addressed before the court proceeds with the remaining bail assessment.

What is an “unacceptable risk” in NSW bail proceedings?

When determining bail, the court considers whether there are bail concerns, including the risk that an accused person may fail to appear in court, commit a serious offence, endanger another person or the community, or interfere with witnesses or evidence. The court then considers whether any identified risk can be sufficiently addressed by appropriate bail conditions.

What conditions can a court impose on bail?

Depending on the circumstances, bail conditions may require an accused person to live at a particular address, report to a police station, comply with a curfew, avoid contact with certain people, stay away from particular locations, surrender a passport or comply with other restrictions. Conditions should relate to the risks identified in the particular case.

What evidence can help support a bail application?

Supporting material will depend on the case but may include evidence of suitable accommodation, employment, family responsibilities, medical treatment, rehabilitation, community ties and other personal circumstances. A carefully prepared release plan and proposed bail conditions may also assist the court in assessing identified bail concerns.

Can I apply for bail again after it has been refused?

A further bail application may be possible in certain circumstances, but NSW law places restrictions on repeat applications. For example, a further application may potentially arise where relevant circumstances have changed or new information has become available. Legal advice should be obtained before making another application.

Can bail conditions be changed?

Yes. An application can be made to vary bail conditions in appropriate circumstances. This may involve seeking changes to residence, reporting requirements, curfews, travel restrictions or other conditions. Existing bail conditions must continue to be followed unless and until they are formally changed.

What happens if I breach my bail conditions?

An alleged breach of bail can have serious consequences. Police may take action depending on the circumstances, which can include arrest and bringing the accused person back before the court. The court may reconsider the person’s bail or impose different conditions. Anyone accused of breaching bail should obtain legal advice promptly.

Can I get bail for a serious criminal offence?

Bail may still be available for serious criminal charges, but the application can be more complex. Show-cause provisions may apply to certain matters, and the court may identify significant bail concerns. The outcome depends on the particular charge, evidence, circumstances of the accused and proposed conditions.

Can a lawyer help prepare my bail application?

Yes. A bail lawyer can review the charges and prosecution material, identify the issues likely to affect bail, gather supporting evidence, develop proposed conditions and make submissions to the court on behalf of the accused.

How quickly should I contact a bail lawyer?

As soon as possible. Bail applications can occur shortly after arrest, so early legal advice provides more time to obtain instructions, contact family members, organise accommodation and gather supporting evidence before the application is heard.

Can Krayem & Co Lawyers represent me in a bail application?

Krayem & Co Lawyers provides advice and representation for bail matters in Sydney and throughout NSW. The firm can assist with preparing bail applications, proposed conditions and supporting material and provide representation in relevant NSW courts.