Apply for Bail & Get out of Jail!
We are Professional Bail Attorneys in Cape Town and its Surrounds
Bail is a legal process that allows an accused person to be released from custody while waiting for their trial. The Constitution of South Africa stipulates that any person brought before the court is presumed innocent until proven guilty by the court. As sought-after bail attorneys in Cape Town, we help our clients exercise their constitutional right to bail.
What is bail?
Bail is a sum of money that's paid to the court or the police to ensure that an accused person will return to court for their trial. If the accused person does not return to court, they may forfeit their bail and be subject to arrest.
Bail can be granted by a magistrate or judge and is usually only given if the accused person is not considered a flight risk and if they do not pose a danger to the community.
The decision of whether to grant bail is at the discretion of the presiding officer and they will consider the seriousness of the offence, the strength of the prosecution's case and any previous convictions of the accused person.
If bail is granted, the accused person will be required to surrender their passport and may be required to adhere to certain conditions, such as reporting to a police station on a regular basis or residing at a particular address.
How does bail work?
The first step is to contact a bail application attorney who can help you through the process. Next, you’ll have to file a formal application with the court. Your attorney will help you compile all the necessary documentation legally required to apply for bail. After that, you will appear before a magistrate for a bail hearing, at which point the magistrate will decide whether bail will be granted or not.
The bail application procedure in South Africa can be complicated and it is advisable to seek legal advice before applying for bail.