Have you been Charged with Contravening Certain Conduct Conditions of Your Bail?
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If you’ve been charged with contravening a condition of your bail under Section 30A of the Bail Act 1977, you may be feeling overwhelmed. At MK Law, we specialise in defending individuals facing criminal charges, including breaches of bail.
It’s essential to address these charges quickly and understand your rights, so let’s explore some key points to help you navigate this legal issue.
Key Questions to Consider in Your Defence:
When charged with breaching bail conditions, there are important questions to consider in developing your defence:
1.Can the prosecution establish all elements of the offence?
The prosecution must prove that you were subject to a valid bail agreement and that you knowingly breached a condition of that agreement.
2. Were you aware of the conditions of your bail?
It’s crucial to establish whether you fully understood the specific terms of your bail conditions. Lack of clarity or misunderstanding can sometimes play a role in your defence.
3. Do you have a reasonable excuse?
If you contravened a bail condition, but have a reasonable excuse (e.g., a medical emergency or other unavoidable circumstance), this may provide a defence to the charge.
Seeking advice from a criminal law specialist will help you answer these questions and build the strongest possible case.
What must the prosecution prove?
Section 30A of the Bail Act 1977
To secure a conviction, the prosecution must prove two main points:
1.You were subject to a bail agreement:
This means that you were released on bail by the court under specific conditions.
2.You breached a condition of that bail agreement:
This refers to failing to comply with any of the conduct conditions imposed by the court, such as curfews, reporting requirements, or restrictions on movement.
What are the Penalties for Breaching Bail Conditions?
If convicted of contravening bail conditions under Section 30A, the maximum penalty is:
- 30 penalty units; or
- Up to 3 months imprisonment.
These penalties are serious, and it’s crucial to understand the legal consequences you may face if convicted.
Where Will Your Case Be Heard?
The charge of contravening bail conditions may be heard in the Magistrates’ Court, County Court, or Supreme Court, depending on the progression of your case. The initial hearing typically begins in the Magistrates’ Court, but more complex cases may be transferred to a higher court.
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St Kilda, Victoria 3182
1800 130 120
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖First time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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Professional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyon... Read MoreProfessional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyond exceptional. Read Less55/5
What Should You Do Next?
If you’ve been charged with contravening a bail condition, it’s essential to seek legal representation as soon as possible. A skilled criminal lawyer at MK Law can help you understand the charges, assess the strength of the prosecution’s case, and prepare an effective defence. Engaging an experienced lawyer can make all the difference in the outcome of your case. Do not delay, call 1800 130 120 today.
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au