O’Brien Solicitors Bail Lawyers Sydney

24 hour bail lawyers

Anywhere, any time – O’Brien Solicitors are on call to talk about your bail concerns. Contact our 24 hour hotline (02) 9261 4281

A grant of bail is important for anyone who has been accused of a crime and subsequently locked up. At O’Brien Solicitors we can ensure the best possible bail application is made for you or a loved one in strife.

These kinds of legal proceedings are fraught with emotions of anxiety and uncertainty. We are here to help.

If police charged you, you have the right to apply for bail.

We appreciate that successfully applying for a second go at bail is difficult because section 22A of the Bail Act 1974 (NSW) limits the circumstances under which another application can be made. This feature of the Bail Act means that it’s paramount that things are handled with the care and expertise of a lawyer who knows what they’re doing from the start.

For some offences in NSW the law dictates there is a presumption against bail. In this case our team will provide frank and honest advice about your options and where you stand.

We are available to give advice from the time a person is held at the police station and, if after police charge them, a decision is made by the police to refuse bail.

From this point we will assist your appearance before a Court to make the best possible bail application and allow you to be free to properly prepare your case.

With a long history of experience before the courts of NSW, the O’Brien Solicitors team  have a thorough understanding of the attitudes of Magistrates and Judges across the state. Defending your livelihood is our profession so you can be confident that your case is being handled by a team who cares.

Consult one of our highly experienced advocates for specialised advice on how to better your chances of getting bail today:

Telephone: (02) 9261 4281

O’Brien Solicitors, specialist Bail lawyers Sydney are located at:

Suite 504, Level 5
233 Castlereagh Street


Our team is here to demystify the complex and daunting process of bail. Call our 24 hour hotline anywhere, any time for the best professional advice concerning your bail (02) 9261 4281

What is bail?

At O’Brien Solicitors we believe that you are innocent until proven guilty. This means that you shouldn’t be unduly punished until your case is heard, and a judge or jury has been given the opportunity to assess the evidence against you.

A person’s promise to appear before court to face a charge that has been made against them – or bail – simply means that they are free in the time leading up to their court hearing. The Court will take a range of factors into account when considering whether to accept the promise of a person who has been charged, and feel comfortable letting them free into the community.

In our long experience with bail applications, some cases for bail will be granted unconditionally and, other times, bail will only be granted with conditions (conditional bail) or otherwise refused.

Bail conditions are imposed by the authorities as safeguards to ensure that a promise to appear before the Court is kept. Any combination of one of the following conditions may be relevant to improve your chances of bail:

Different kinds of undertakings

–          Consistent reporting to police and keeping them informed when you are unable to report

–          Agreement to stay away from specific people

–          Agreement to stay away from a certain location

–          Handing in your passport

–          Participation in drug assessment or rehabilitation

Monetary conditions

–          Forfeiture of a sum of money if you breach your bail,

–          Have someone offer surety on your behalf, or

–          Provide cash bail

Presumption against bail

If the prosecution does not have a good case against you on the available facts, S9 of the Bail Act (NSW) outlines your entitlement to bail. This entitlement diminishes however if:

  • there is a history of missed court appearances,
  • the offence has been committed whilst on parole
  • or you are facing very serious criminal charges.

Your personal liberty is important to us, so if you police accused you of a criminal offence, our thorough and meticulous preparation will ensure  that you are not locked up when you shouldn’t be.

Our experienced bail lawyers will canvass the full range of conditions that we can propose to the court to better your bail chances.

For more information and advice on your particular situation, or that of a loved one, call our team’s 24hour hotline 1800 ABC DEF.

>>Case study>> No presumption in favour of bail>> DPP v SB (Sydney Supreme Court)

>>Case study>> Weak prosecution case>> DPP v RM (Supreme Court)


For many people questions surrounding the cost of bail are cause for particular stress and confusion. At O’Brien solicitors, we can help explain the different kinds of scenarios where ‘putting money up’ for bail may be necessary and who the Court will accept that money from.

Do I need to provide money for bail?

Generally, there is no cost for bail however there are some circumstances where, if you are granted conditional bail, money will be required. The grant of conditional bail means that the Court requires some or many different kinds of assurances that, if released, the person facing his or her charges will appear before court when called and not commit further offences.

Only two kinds of bail conditions involve putting money up:

–          a promise to forfeit a sum of money for non-compliance, or

–          the payment of cash bail

The more serious an offence, the larger the sum of money will need to be provided to the Court.

>>Case study>> Self surety>> Police v MN (Burwood Local Court)

What is a surety?

A surety is a person who commits to forfeiting a sum of money if the charged person does not attend court when called. The surety is a nominated person who is prepared to guarantee that the defendant will attend court.

Certain things are required of a person to ensure that they are ‘of suitable character’ before they are accepted as a surety and will keep good their promise to the Court.

To be an accepted surety a person is required to:

–          Be over the age of 18 years

–          Have no criminal record

–          Accept responsibility for fully funding the security of the defendant

–          Have savings and possessions greater than the security required for bail

Being well versed about all the options of conditional bail is essential to a successful application. We believe that your freedom deserves the attention of an expert. For the best bail representation call our 24 hour hotline (02) 9261 4281


Life can be unpredictable — often circumstances will change for our clients while they are on bail, making certain undertakings they have agreed to suddenly impossible to fulfill or unfairly onerous. Our team of expert lawyers are trained to lodge effective cases for the variation of bail conditions to ensure that your bail works for you.

If, for example, a person on bail changes address, lands a new job or breaks a leg (affecting their ability to report to police) it is possible for an application to be made to relax their conditions of bail. In these circumstances it’s important to let us know as soon as possible so that we can put the Court on notice and quickly seek permission to vary your bail conditions. Keeping our team and the System informed helps us help you in the smooth running of your defence.

For more information on how to vary your bail call our 24hour hotline (02) 9261 4281


At any stage in the criminal process, from the time of arrest, to any court appearance thereafter, it is possible for bail to be revoked. Our team of lawyers understand that sometimes things go wrong and even the most well-intended defendant can find themselves in breach.

Understanding the risks of breaching a bail condition are extremely important as failure to comply with what has been promised to the court can lead to arrest. If you know you are in breach of your bail or a warrant has been executed for your arrest, reach our solicitors directly on our 24hour hotline (02) 9261 4281

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O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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