Bail Application Process - Bail Lawyer Cape Town
The Bail Application Process
Bail is basically a “promise” system. Instead of staying locked up until your trial, you or someone on your behalf pays money (or a surety) to the court. The bail process deals with how the police and court determines if you can be released pending your case.
The setting of bail and its process ensures you’ll come back for your court date. If you show up, the money is returned. If not, you risk losing the bail money—or even getting arrested again.
The bail process is delicate and highly technical, a mistake in this process can result in you staying in jail until the case is finalized.
Step-by-Step: Bail Application Process
Step 1. Arrest & Booking
You are arrested and taken into custody.
Right after you're arrested, you're taken to the police station—This is the point where your rights are usually explained (Right to a lawyer etc) fingerprints are also done, charges are laid, and your record is checked for previous convictions. You are then placed in the police cells.
Step 2. Opportunity to make a phone call
The police may grant the arrestee an opportunity to call a family member or lawyer to assist him after his arrest. It needs to be remembered that it often happens that the arrestee is not given any such opportunity. Its in such cases that family members or friends contact a bail lawyer to assist the arrestee as he has no means to contact the outside world after his arrest.
Step 3. Applying for Bail at the Police Station
After family or friends contacted the bail lawyer, he will come out to the police station and assist the suspect. All sorts of information is obtained at this point, including discussions with the police are held.
If the charge isn't among the most serious offences (like murder or rape), you can apply for police bail—usually within 48 hours of arrest, before appearing in court
Police bail is typically quicker and granted by a sergeant or higher-ranked official.
If it's a more serious charge, only a prosecutor or court can set bail.
Step 4. Prosecutor Review & Night Court
For certain category of offences which are more serious, the after hours prosector has to be called. a night court ins then arranged at the police station— which is an after-hours meeting of sorts to decide bail quickly
Step 5. Bail Decision
A decision is made whether bail will be set at the police station:
An amount of bail and any conditions will be set (e.g., surrendering your passport, reporting regularly).
Step 6 – Bail is Paid (Also knows as bail surety)
You or your family pay the amount of bail, Once bail is paid, you're released, with a reminder of your next court date
