Bail Applications
Someone you love is in a cell. We move today.
A bail application is not paperwork you can leave until Monday. The first appearance usually happens within 48 hours of arrest, and what is said at that hearing shapes everything that follows. Call us now and we will start immediately.
The situation
What you are dealing with right now
- They have been arrested and you do not know where they are being held, or for how long.
- The police are asking questions and nobody has explained what may safely be said.
- The first court appearance is coming and no one has prepared anything for it.
- You have been told bail is "automatic", or that it is impossible. Usually neither is true.
What the law says
What the law actually says
- Section 35 of the Constitution gives an arrested person the right to be released on reasonable conditions, if the interests of justice permit it.
- An arrested person must be brought before a court as soon as reasonably possible, and generally no later than 48 hours after the arrest.
- For most offences the State must show why bail should be refused. For the most serious categories that burden flips onto the accused, which is precisely when preparation decides the outcome.
- Bail is not a finding of guilt or innocence. It is a decision about whether someone waits for trial at home or in custody.
How we handle it
- 01
You call. We find them.
We establish which station is holding them, on what charge, and when they are due in court. Often we know more within the hour than a family has managed all day.
- 02
We attend and advise
We see the person in custody, explain their rights properly, and make sure nothing is said that damages the case before it starts.
- 03
We prepare the application
Address, employment, ties to the community, previous record, the strength of the State case. A bail application is won on preparation, not on eloquence.
- 04
We argue it in court
We appear at the bail hearing and put the case for release, with conditions the court can accept.
What it costs
We will tell you what a bail application costs before we take it on, and we will not pretend to know the total until we know the charge. What we will not do is quote a number on a website that turns out to be wrong when it matters.
What moves the number
- The seriousness of the charge, which determines which schedule applies and how much preparation is required
- Whether the matter is opposed by the State
- Which court, and how far it is from Pretoria
- Whether the application runs over more than one day
How long it takes
We act the same day you call. First appearances usually happen within 48 hours of arrest, and a contested bail application can run over several days.
Common questions
Bail Applications
It is after hours. Can I still call?
Yes. Arrests do not keep office hours, and neither does this number. If you are holding a phone at midnight wondering whether to wait until morning, call now.
How much is bail going to be?
The bail amount is set by the court, not by us, and it depends on the charge and the accused’s circumstances. Bail money is paid to the court and is refundable at the end of the case, provided every court date is attended.
Can I apply for bail without an attorney?
You can. Whether that is wise is another question. The State is represented by a prosecutor who does this every day, and information given badly at a first appearance is very difficult to take back later.
What if bail is refused?
A refusal is not necessarily the end. Bail can be applied for again where circumstances have changed, and a refusal can be taken on appeal to the High Court. We will tell you honestly which of those is worth doing.
What should I bring or gather?
Proof of address, proof of employment, identity documents, and the details of anyone willing to stand as surety. If you have the case number or the charge sheet, bring that too — but do not delay calling in order to collect it.