Prosecutor Bail
We are Prosecutor Bail Lawyers 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 police bail lawyers 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 "
What is prosecutor Bail
In simple terms, prosecutor bail is when bail is set by the prosecutor on duty or the after hours prosecutor after a person has been arrested. The prosecutor will fill in the neccesarry release forms after which the accused person will be allowed to pay the set amount of bail. After the amount of bail was then paid the accused person will then be released on an the set amount of bail. Usually this amount is not high.
The person will then be warned to appear at court on a given day and time set in the bail receipts form. If the person fails to appear at court on the given date and time then a warrant for his arrest will be issued and he will be brought back to court after having been arrested.
Prosecutor bail can only be given after arrest but before the accused has appeared at court. Once the accused has appeared at court he can only be granted bail by the court.
How is Prosecutor Bail set or granted
The prosecutor on duty will come out to the police station on request of the bail lawyer of the accused person. In order to have the duty prosecutor come out to set bail you will need the services of a bail lawyer.
Upon arrival at the police station the duty prosecutor will engage in a discussion and deliberation with both the investigation officer and the accused person bail lawyer. In the discussion the charge against the accused is discussed as well as what transpired in the alleged matter. The accused person bail profile is also discussed.
The bail profile indicates the feasibility of of the accused to be released on bail and whether there are any problem that the investigation officer may have identified as reasons for or against the release of the accused person. In essence the bail profile will tell the invesitgation officer that the accused person is a good candidate for release on bail or it may tell the invesitgation officer that the accused person is not a good candidate for the release of the accused person on bail.
The bail profile contains many pieces of important data that will advise on the suitableness of the accused person to be released. Contained in the bail profile is everything related to the accused person as a person. His marital status, his age, where he lives, does he have children – how long has the accused lived where he stays. To name but a few of the factors listed.
In the deliberations between prosecutor, investigating officer and bail lawyer the aspects in the bail profile and charge is discussed in order to determine whether the accused person can be released on bail. The purpose of these deliberations is to bring the information into perspective. The further purpose is to sort out possible problems with the profile should there be any.
There may for instance be an issue with the adress of the accused person. Ordinarily the accused person will not be released unless he has a fixed adress where he stays. However since the problem with the adress was identified and discussed the bail lawyer can provide an alternate adress which may then be confirmed as a viable option and the end result is that the accused is no a suitable candidate for prosecutor bail.
Prosecutor Bail - which charges can it be set for
The best advice in this instance we always make to clients is for our clients not take whatever they are told by the police at face value. Rather we advise they obtain the assistance of a bail lawyer who understands the law and processes properly. Only upon the assessment of such an expert can it be verified that the charges are correct and the bail lawyer can then further advise what the process going forward should in actual fact be.
It is a real possibility that the charges may be amended or changed on the showing of good cause. We always urge our clients to keep this in mind.
Prosecutor bail is not applicable to all charges. Only charges listed in schedule 7 is applicable and eligible for prosecutor bail. However it needs to be kept in mind that charges are not set in stone.
During the deliberations stage with the prosecutor and investigation officer the investigation officer or duty prosecutor could change the alleged charges against the accused person on the showing of good cause. This would ordninary occur when once the information contained in the docket is placed into perspective with the evidence obtained and the version of the accused it is seen for instance that the charge should be different from what the police initially thought it was.
What difference does a bail lawyer make in this process
A Bail lawyer is intergral to every part of the process in the determination whether the accused person will be released on bail.
Starting with the charge. The charges are not set in stone. Once a docket is opened the police investigator as well as the prosecutor can be approached and the matter can be discussed by your lawyer. On showing good cause and reason through the lawyer to the police or prosecutor , the charge may be changed for a more favorable charge favoring the release of the accused person on prosecutor bail. The charges must not simply just be accepted on the say to of the police and the complainant.
After consultation with the accused we have often found the charges to be excessive for what really transpired and once we show good cause to the prosecutor the charges were then changed to a charge for which police bail was possible.
The bail profile information is also not set in stone. There could be a whole host of issues found with the bail profile of the accused. To us one example, there could be an issue with a verifiable fixed adress where the accused resides. It is common sense that the police will not release a person if they have no idea where they can find this person later.
If this were to be an issue in the bail profile preventing the release of the accused the investigation officer is willing to reconsider the situation upon the showing of proof that the accused indeed has a fixed verifiable adress where he stays.
It is not possible in this article to cover all the issues which could be found in the bail profile as they are many and we will require a book to show them all. These mere serve as examples.
We have found on numerous occasions that the police were not even considering the release of a person on a 496. Once we consulted with the accused and deliberated with the police we managed to have the accused released on a 496 by the investigation officer.
