Bail Attorneys Cape Town
We are Bail attorneys Cape Town we specialize in doing bail applications in the greater Cape Town, we can help, just Call 072 604 5324 for All hours bail at police stations
Are you in dire need to get someone out of jail? Our bail attorneys can assist with your bail application. We can assist you in obtaining bail for yourself, a family member or friend any time after hours at police stations across the peninsula.
Kindly call us at the abovementioned emergency number and we will get right on it.
"24 hours – all year after hours bail applications – simply call our bail lawyers on 072 604 5324 "
Bail Applications in Court
Has your matter already appeared in court, or have the police informed you that you can only apply for bail in court? Our bail lawyers will assist you with applying for bail. We do bail applications across all the courts in the peninsula. All bail applications are covered, be it schedule 5 bail applications or schedule 6 bail applications. We assist with all kinds of bail applications and have extensive experience in dealing with all of them.
In order to be assisted by a bail attorney in Cape Town, kindly contact us at the above number and let our bail lawyer take it further on your behalf.
Have you, a family member or friend applied for bail in court but did not succeed? We can assist with a bail appeal to the High Court if the bail application in the lower courts is refused.
Kindly contact us to make arrangements and take the matter further on your behalf.
Frequently asked questions to bail attorneys Cape Town.
Bail Attorneys Cape Town, An introduction to bail applications in South Africa
In this bail article we are going to answer some of the most frequently asked questions our clients have in respect of how bail works. We will also explain the process of applying for bail out of normal court hours. We will bring some clarity to the process and demystify some of the aspects involved in the process.
Bail a short definition
What is Bail in the context of the South African Criminal Justice system?
The bail laws in South Africa - bail legislation South Africa
Bail is governed by Sections 58 to 70 of the Criminal Procedure Act 51 of 1977.
The Simple explanation - bail definition
Bail is the release of an accused person upon the payment of a sum of money, with the express condition that the accused person will appear at a certain court on a specified date in the continuation of a criminal case.
How does someone get bail?
An arrestee or accused person can obtain bail by applying for bail. A bail application can be done either by way of an afterhours bail application through an attorney, or by formally requesting bail once the accused person has been brought before court through an attorney. Having a bail attorney is always advisable when applying for bail.
The different ways in which an accused can be released on bail.
1. After an arrest at the police station with the assistance of an attorney(also known as after hours bail):
- On warning by the police;
- By payment of a set amount set by the police; and
- By the payment of a set amount by an after hours prosecutor
2.In court and with the assistance of an attorney:
- The setting of a specific set amount by the prosecutor;
- Through a formal bail application, which if successful will result in the setting of a specific amount of bail to be paid; and
- A Section 62(f) of the Criminal Procedure Act on certain conditions.
The different kinds of bail - police bail, prosecutor bail, and bail in court. How it all works:
1. Police warning or police bail so called night court
There are a number of crimes from which the police officer who is investigating your case can set an amount of bail or release you on a warning.
These are usually the less serious crimes. A short list of common crimes for which the police are allowed to set bail are crimes like:
- Illegal possession of drugs – marijuana specifically – less than 115 grams.
- Assault, theft below the value of R2500.
- Driving under the influence of alcohol, the so called DUI cases.
- Reckless and or negligent driving and
- malicious damage to property, to name but a few.
It is important to note that many crimes have surrounding factors that could possibly influence how serious the police consider the crime to be. An example would be a charge of drinking and driving- DUI. If the accused was involved in an accident, the police will not set bail for the arrested person, and the arrested person will have to get an after hours prosecutor out to release him/her on bail.
After having been arrested the arrestee or accused person will have to be processed by the police officer who investigates the matter. The investigating officer will then check aspects like the following:
- if the accused has outstanding warrants,
- if the accused has other pending cases.
- The accused residential address will also be verified in order to establish if he indeed stays where he claims.
Once that has all been done and the bail profile of the accused has been checked, the investigating officer may release the accused on warning or bail.
The investigating officer does this at his own time as they are often confronted with a large number of dockets to process. There is no guarantee when or even if they will release the accused on bail. Family members often contact a bail attorney to assist in this process and help expedite the release of the accused on bail.
2. Prosecutor bail, or another version of night court
In more serious matters a bail attorney can contact the after hours bail prosecutor to set bail. The bail prosecutor can be called out in order to set bail for an accused in consultation with the investigating officer in the case. Bail can be set by the bail prosecutor for a number of crimes like :
- Assault with the intention to do grievous bodily harm;
- illegal possession of dependence producing drugs;
- forgery or uttering;
- Malicious injury to property;
- culpable homicide (also known as manslaughter) and
- public violence.
In order to call out the after hours bail prosecutor you will need to contact a bail attorney to assist you.
Similar to police bail there are a number of processes that needs to be complete in order for bail to be set. This is referred to as the bail profile of the accused. Once the bail profile of the accused is complete and favorable for him to get bail, it can then be set. The after hours prosecutor will set bail if the investigating officer does not object to the bail being set
3. Bail application in Court
If you did not apply for bail in an after hours bail application, or the after hours prosecutor refused your release 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 necessaries will be taken care of during this court appearance to secure your loved one’s release. 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 always have an attorney who can make the application for bail for you.
During your first appearance in court, there are any one of 3 possible outcomes:
a. Prosecutor agreeing to bail being set
The prosecutor can agree to you being released on bail, in which case you will then be released on either warning or a fixed amount of bail. Once bail is paid you will be released from prison. A bail lawyer can assist in the negotiation of the bail amount and possible bail conditions that will make this process easier.
b. Prosecutor opposing bail
The state can oppose your release on bail for one of many reasons, in which case the bail application will be set down on a set date for a formal bail application. As a result you will be kept in a prison pending the outcome of the formal bail application.
Please see the section dealing with a formal bail application on the process and what happens during such an application.
c. Prosecutor requires more bail information
It is possible that the prosecutor does not have enough information to determine if they want to oppose bail or not. In such a scenario they request a 7 day remand to obtain the outstanding bail information. This means that your case will be remanded for not more than 7 days at a time to obtain the outstanding information. During this time you will be kept in a prison awaiting your next court appearance.
This kind of remand can be requested for any number of reasons. It is often used to determine if the accused has previous convictions and to confirm the accused physical address. It is also often used to confirm an alternate address for the accused person to stay if there is some problem with the address he supplied to the police during his/her arrest. This is no exhaustive list of reasons for which the state can ask a remand for 7 days. Anything that can have an effect on the setting or not setting of bail, is all fair game in such a request for a remand.
Approaching a bail attorney to assist in the bail process can actively prevent this kind of remand from occurring, possibly ensuring the early release of the accused.
How does the paying of bail works - How to bail out someone
Bail is paid as a form of surety that the accused person will return on a set date to court in continuation of the case. If the accused person fails to return to court on the set date a warrant for his arrest will be issued. The accused will then be arrested on the warrant and brought before the court. Ordinarily bail is provisionally forfeited on the day the accused failed to appear at court. The case is then remanded for a period of 2 weeks to give the accused an opportunity to come back to court and provide a reasonable excuse for why his bail should not be finally forfeited to the state.
Upon failure to again appear in the two week period, the bail is then finally forfeited to the state. The warrant for arrest will stay active and await the arrest of the accused.
There are countless reasons why an accused would not be able to appear at court on a set date. The court needs to be satisfied that the accused has a bonafide reason as to why he/she failed to appear and that it was not due to any fault on the side of the accused. If the court has been provided with such a reason, the court may re-instate the bail of the accused and cancel the warrant for arrest.
Failure to provide the court with a valid reason explaining the absence of the accused on a given court date could result in the bail being finally forfeited to the state and the accused being kept in custody pending the finalization of his case.
What happens when bail ends
People often ask if they can get their bail money back. The answer is yes – once the case has been finalized. Once your matter is concluded and the case finalized, the bail ends and you can then claim the bail money back from the clerk of the court. There is one proviso – that the bail has not been revoked and declared forfeited to the state at some earlier stage.
A case is finalized, for purposes of claiming your bail money back, when the case was withdrawn, removed from the roll, there has been a verdict of guilty or not guilty. In case of a guilty verdict the case is finalized when sentence has been passed.
Lets talk specifically about afterhour’s bail applications?
In general an after hours or all hours bail application is an application for bail that is made by your bail attorney, on your behalf, outside normal court operating hours. Some refer to this process as night court. An afterhours bail application can be brought after your arrest but prior to you appearing in court.
Important to note that you can not bring an after hours bail application once the accused appeared in court and the court has remanded the matter with the accused person being held in custody until the next date.
You might be asking but how does this actually work in practice? In practise people get arrested at all times of the day or night. This can pose any number of problems to the arrested individual and his family.
Picture the following. You and a couple of friends head out on a Thursday evening after work for a few drinks. Your promotion came through and it’s a joyous occasion. You have to be back at the office on Friday morning as per usual, but for tonight you and the guys are going to have a short – well earned celebration. You and the guys have a great time and around 10 pm, you head back home but not after having had a couple of drinks. Shortly after you get pulled over by some traffic officers. They do a Breathalyzer test and next thing you are arrested for drinking and driving. You suddenly find yourself locked up in the police cells facing a DUI charge.
Lets analyze the practical implications of this. You are arrested after 10pm on a Thursday evening. You will only be processed the next day, which is Friday. This will hopefully be done through the course of Friday but it is important to note that the police have up to 48 hours to charge you, so technically speaking they can keep you in the police cells up until Saturday. This means that not only will you be missing work on Friday but you will have to spend an extra night in the police cells. Another worthy aspect to consider is that there is a possibility you will only be brought to court on the Monday. The practical implication is that you could be spending from Thursday until Monday morning in the police cells. This is more than 4 days. The situation can be even worse when you are dealing with a long weekend like Easter weekend or any other weekend, which has a public holiday at the start or the end of it.
The only way to secure a release after hours is to contact a bail attorney.
After hours bail applications secure your release on bail without having to waste so much time sitting in the police cells waiting to be brought to court. After hours bail applications secure your release beyond the normal hours of operation of the courts.
It is important to understand that the processing of an accused person by the police after his arrest, is not a quick and fast process. It is unrealistic to expect to be arrested on Thursday evening and be released the very same Thursday, without intervention from a bail attorney.
If you want to have any hope of being released before the weekend, in our scenario above, you or your family will have to phone a bail attorney and ask for his/her intervention.
Bail Attorneys Cape Town - How does the afterhours bail application procedure work?
The process of an afterhours bail application is fairly simple. You contact your bail attorneys and instruct them to make an after hours bail application for you or your loved one to be released. From there your bail lawyer will take the process further and does everything on your behalf. If any additional information is required, he will then contact you. Most importantly, your bail attorney will keep you informed of what is happening.
What info is required to assist you with a bail application?
Your bail attorney will need the name of your loved one and the police station he or she is held in order to assist. Additional information such as when he was arrested and on which charges will be helpful, but is not an absolute must. Its really that simple.
Your bail attorney will then guide you through the entire process. Everything that needs to be done, will be done by your bail attorney. An after hours bail application requires very little further effort from yourself aside from providing your attorney with the information described above.