Bail – What You Need To Know.
Few people ever think it will happen to them, until it does. Even fewer people know what their rights are once getting arrested, especially regarding bail.
What is bail?
If you don’t want to stay in the Police holding cell until the court date or until the matter is finalised, you will need to apply for bail at some stage between getting arrested and the matter being finalised.
A specific amount of money is paid to the Police or the court and that person will be temporarily released (usually pending certain conditions) until the start if the court process.
If someone is granted bail, it is not an indication of innocence or guilt, nor an indicator of how strong or weak the case against the accused is but merely whether they are a flight risk or whether they may endanger themselves or other members of the public.
How and when to pay bail?
Bail can be paid via your attorney as you have right to legal representation.
In terms of law you have to be brought to court within 48 hours of arrest. Bail can then be applied for at any stage in the court proceedings or at the police station upon arrest.
A receipt will be given indicating the offence and when and where you are to appear in court.
If bail cannot be afforded, a lesser amount can be requested with reasons as to why it is too high.
The bail money is refundable whether the person is found guilty or not. The only time the money will be forfeited is if they abscond from the bail conditions.
Conclusion
Du Toits Attorneys prides itself in legal advice and assistance to the customer whenever it is required. If you have any legal questions, matters or require an attorney, contact us to assist you with your matter.
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