The bail application routine is a sensitive step-by-step procedure. It is crucial to realize the overall bail procedure, including who to deal with, as a wrong step in the bail application process usually affects the surety and/or arrestee disastrously. An accused person can go out till the date of their court proceedings by paying the bail amount. If the accused person is found to be guilty then the bail amount is paid back after the case has been heard. Bail amount will not be return if bail conditions are broken.
The accused person can apply for bail at any phase of the court proceedings when they are before the court. Normally the accused is brought before a court within 48 hours of arrest and this is when a person can then apply to bail if the case is not finalized on that day. When applying for bail the accused must promise the judge or magistrate that they will not try to run away, not be harm to others, will not any commit further crime, and will not meet any witness in the case. If an accused one is released by bail, a notice will inform the accused of the pending court appearance and indicate the day and the time that they are required to appear in court. The written notice will also outline any conditions, if any, such as the accused must appear to the police station on every week. The prosecution will prove that the accused is linked to the criminal offence that the person is charged with. The defense will present factors, which will help the accused person to get bail.
Bail application in Court
If you did not make a bail application, or the prosecutor rejected your bail for some reason, you will appear in court whilst still in custody. You can now formally request to be released on bail by the court.
If you have an attorney, who you have instructed to apply for bail on your behalf, all the process will be taken care of during this court appearance. If you have no attorney, the court will enquire whether you want to be released on bail. However once again, it is always advisable to have an attorney who can make the application for bail for you.
A criminal record can destroy your career. There are well trained and experienced lawyers in South Africa for proceeding criminal issues and the bail application process. lawyer will take the whole process and does everything on your behalf of you.
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