Over 50 years of combined experience

Success in Courts Australia-Wide

6 x Convenient Locations across Sydney and NSW

Our team of dedicated criminal lawyers in Sydney are always available to attend court to represent you at a bail application. We are contactable 24/7 and will readily attend any court in Australia to make your application for bail. We have often appeared for clients who are taken to Parramatta Bails Court on weekends and public holidays for their case to be heard.

We have successfully argued for bail for our clients when it appeared seemingly impossible that they would get bail. With recent amendments to the Bail Act,it is very difficult to make a second or subsequent bail application in the local court when the first application has failed. It is imperative that you obtain legal advice from one of our lawyers before leaping into a bail application at the local court.

If bail is refused in the Local Court or District Court, we can lodge an application with the Supreme Court of NSW for you. We will expertly prepare your application and guide you step by step on what documents you need, and what witnesses you may require to convince the court that they should set you free whilst your case goes through the lengthy court process.

What is a Show Cause Bail application?

Following the release to bail in many high-profile offenders, and following the tragedy of the Lindt Siege, strict bail laws have been rushed through to ensure that more serious offenders are kept behind bars.

In early 2015 there were a number of changes to the Bail Act which have made the prospects of getting bail in many serious criminal charges much harder. Within this amendment categories of offences were introduced for which bail must now be refused unless the accused can ‘show cause’ why his or her detention is not justified.

This amendment to the Bail Act means that for a number of offences achieving bail is now a lot harder and requires the accused to prove that the bail sought is not justified in the matter.

Which offences will now require the accused to show cause in a Show Cause bail application?

If the accused is charged with any offence that falls under s 16B of the Bail Act 2013 the show cause requirement for bail applications will apply.

There are many offences, all of which are found under s 16B of the of the Bail Act 2013.

For more information on “Show Cause” bail applications, and bail generally, go to our article on the topic, by clicking here.

Factors in Determining Bail

s. 18 of the Bail Act lists some of the factors the court will take into account in determining whether bail should be granted. Some of these are:

  1. The probability of whether or not the person will appear in court in respect of the offence for which bail is being considered,
  2. The person’s background and community ties,
  3. Any previous failure to appear in court,
  4. The circumstances of the offence (including its nature and seriousness), the strength of the evidence against the person and the severity of the penalty or probable penalty,
  5. The period that the person may be obliged to spend in custody if bail is refused.

After an online video of a fight in Pyrmont went viral, our client was charged with the assaults of a number of young girls on Mardi Gras night.

Our client’s co-accused had applied for bail at Central Local Court on 9 March 2021. Mr. Adam Ly, our Principal, appeared for our client at court that same day, seeking an adjournment of the proceedings to 23 March 2021 to allow us time to properly prepare a bail application.

After the meticulous preparation of the case, Mr. Ly appeared on 23 March 2021 at Central Local Court to apply for bail before Magistrate Sheils. It was a difficult application, the shocking video of the alleged assaults being played repeatedly.

Magistrate Sheils, being convinced with Mr. Ly’s submissions, determined that bail should be granted on strict conditions.

An amazing result for our client.

View the articles:

https://www.news.com.au/national/nsw-act/courts-law/men-charged-with-bashing-teen-girls-in-viral-video-of-pyrmont-brawl-released-on-bail/news-story/ad2dce2ba9e002fddae807199fa4f635

https://www.theaustralian.com.au/breaking-news/all-will-be-revealed-viral-video-of-pyrmont-brawl-to-be-played-in-court-during-bid-for-bail/news-story/ba125d7292bae9333df3822aff77de97

Our client was charged with importing 142kg of MDMA. A charge that carries possible life imprisonment. The “show cause” bail application was heard before Magistrate Freund in May 2018.

It was alleged that our client played a role in a criminal syndicate to import the drugs from the Netherlands. Our client strongly denied the allegations. He was in the wrong place at the wrong time.

Our Principal Adam Ly instructed Senior Counsel in applying for bail. It was clear that the prosecution case against our client was not a strong one. Our client had no criminal history and agreed to surrender his passport. A large surety was also offered by his parents.

Strict conditional bail was granted.

Our client will fight the charges at trial in the Sydney District Court, probably sometime in 2019.

Court: Downing Centre Local Court

Magistrate: Deputy Chief Magistrate Mottley

Facts:
Our client was initially charged of wounding with intent to cause grievous bodily harm, carrying a maximum term of imprisonment of 25 years.

We appeared before Magistrate Schurr at Central Local Court in December 2017, where we applied for bail. Ms. Schurr refused bail on this occasion, citing the strength of the prosecution case based on the facts, and the serious nature of the charge.

Joe from our office got to work immediately, gathering evidence from witnesses that would prove to weaken the prosecution case, particularly in relation to the charge carrying a maximum of 25 years imprisonment. Statements were obtained from witnesses that suggested that the injuries caused without the requisite intent.

We appeared again at Central Local Court and applied for bail on a second occasion, about 3 months later. This time Magistrate Schurr was presented with alternative versions of events by other witnesses, casting doubt on the prosecution case and the intent of our client.

Bail was granted. Under strict conditions.

After tough negotiations, about 6 months later, our client pleaded guilty to a lessor charge of Reckless Wounding, the matter staying in the Local Court for sentencing.

Our client was sentenced to 3 months in jail. This was backdated to the period between 13 November 2017 to 5 February 2018.

He was not required to spend another day in gaol.

Our client was arrested by Police in breach of bail, when his partner made allegations against him stating he had assaulted her and he had threatened her with a gun. Police attended the premises and found a rifle hidden in the garden and found a several other gun parts.

Despite all odds, our solicitor obtained bail. In order to do so, she had to show new circumstances, as a prior application had been made, she then had to show cause under the new bail act, and satisfy the magistrate that he was not an unacceptable risk.

To achieve this, our solicitor’s preparation was key. She contacted witnesses and obtained statements which were crucial to the success of the application, enabling us to challenge the Crown case and show it was weak and our client’s detention was not justified.

Bail was granted by Magistrate McGlynn at Parramatta Local Court in early March 2015.

Our client was charged with serious offences of Supplying a Large Commercial Quantity of Prohibited Drug (approximately 2kg).His bail application in Burwood Local Court was refused.

We proceeded to the Supreme Court of NSW, where another application for bail was made on his behalf in June 2012.

After a 2 day hearing, our client was granted strict conditional bail. Our team successfully argued the following points:

  1. It would be not for another 12-18 months that our client’s case would go to trial, and if bail refused, he would have to wait this long in jail for his case to be heard.
  2. Despite the seriousness of the charge, there was no suggestion that he would leave the country or flee to avoid facing these charges.
  3. He had strong community ties and his family all in Australia.
  4. The prosecution case was a weak one, and there was some chance of him being acquitted of the charges.

Our client is now free to properly prepare his case and challenge the charges that have been put against him

Our client was charged with ‘deemed’ supply of 9 grams heroin while he was on parole for another offence.

Our client had an extensive criminal history and was previously incarcerated for personal violence offences.

Our senior criminal lawyers argued that the significant delay in the proceedings warranted bail being granted citing a numerous case law to support the argument.

The court agreed and granted bail to our client on strict bail conditions.

The great work and preparation of the bail application ensured that the magistrate’s ‘hands were tired’ and he had no option but to grant bail.

Our client was charged with the serious indictable offence of kidnap and the assault of his estranged girlfriend.

Despite facing a serious indictable charge that carries a penalty of 14 years imprisonment, 3 charges for common assault increasing the maximum penalty to 21 years imprisonment, and having no presumption in favour of bail we were determined to fight for our client.

We advised him to apply for bail in the local court due to the considerable weaknesses we found in the prosecution’s case.

We fiercely argued that the evidence of injury to the victim was absent and at best inconsistent with the allegations against our client.

We disputed critical facts in the prosecution’s case, arguing against the victim being detained against her will and that the victim was freely accompanying our client without attempting to escape.

Our team of criminal lawyers researched every possible flaw in the prosecution’s case which we successfully argued to the court.

Instead of finding himself in remand custody for an unknown period, our client has been able to remain at liberty and employed while he awaits trial – at which we will vigorously defend his innocence.

Our client was charged with supply prohibited drug (Commercial Quantity). He was found in a vehicle with a commercial quantity of ecstacy.

Adam of our office appeared at Central Local Court in January 2015, before Magistrate Mabbutt. After providing evidence of a substantial surety, submissions relating to the strength of the prosecution case, evidence of compelling subjective matters that supported the argument for bail, Magistrate Mabbutt granted bail.

Whilst the conditions were very onerous, the application was made on the strongest terms.

Our client is now a free man to properly prepare his defence.

Our client was charged with alleged fraud of more than $120,000.

She was not an Australian citizen, only visiting Australia on a visitors visa.

The prosecution argued that our client was a flight risk and should not be given bail, as an unacceptable risk of flight.

We argued that our client’s passport would be surrendered and a substantial surety could be lodged, in cash, to ensure her attendance at court for the defended proceedings.

We attacked the prosecution case for its weaknesses, which were many.

Magistrate Andrews at Central Local Court granted bail with strict conditions.

Our client was charged with reckless wounding, following an altercation with her partner, resulting in the infliction of a knife wound on his arm.

The case appeared before Burwood Local Court before Magistrate Stapleton.

The prosecution strongly opposed bail. We submitted that, whilst there were unacceptable risks that our client may contact the victim, be a danger to the community, and may have an incentive to flee, strong bail conditions would mitigate those risks.

Magistrate Stapleton agreed with us, and granted bail with conditions that she not contact the alleged victim, surety be deposited, and reporting conditions to the nearest police station.

Our client remains free to defend the charges.

Our client was charged with accessory after the fact to murder. It was alleged that our client was complicit in hiding the body of a victim of an alleged murder. Our client in this matter sought bail as the trial process could be a lengthy one.

This matter was heard before Magistrate Williams at Parramatta Children’s Court, due to the seriousness of the alleged crime, it was likely that a bail application could be denied leaving our client in custody awaiting trial.

The police in this matter were relying heavily on telephone intercepts and are yet to find the body of the deceased.

Our client denied the charged, the matter proceeded for bail application, the solicitor was able to successfully argue that the police case against our client was weak and strict bail conditions could mitigate any bail concerns that the court had.

Based off of the submissions made by our solicitor in court, Magistrate Williams deemed that our client was not an unacceptable risk and granted bail to our client.

A fantastic result for our client who was extremely happy.

We are very experienced in getting bail for our clients for serious indictable offences. Call us for a free consultation, to find out whether there is a chance at bail for you, or a loved one.

Meet our Founder

Adam Ly, B. Ec. (Majoring in Economics), LL.B.

Managing Director and Principal Lawyer

Read more

Contact LY Lawyers Today!

Contact LY Lawyers today for a confidential consultation with an experienced criminal defence lawyer. We are available 24/7 to answer your questions and guide you through the legal process.

We understand you may be feeling lost and overwhelmed by the sheer weight of the charges against you; rest assured that as a leading criminal law firm in Sydney, we are well-versed in the complexities of criminal law and are committed to providing you with the aggressive and effective representation you deserve.

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
9

Frequently Asked Questions

Being charged with a criminal offence can be a stressful and confusing experience. At LY Lawyers, we understand the challenges you face.

Here’s a look at some of the most frequently asked questions about criminal law in Sydney, Australia:

A: A criminal defence lawyer is a legal professional who specialises in representing individuals accused of crimes. Their role is to protect your rights throughout the legal process, from the initial investigation, to the court proceedings. Here are some key responsibilities of a criminal defence lawyer:

  • Investigating the case: They gather evidence, interview witnesses, and analyse the prosecution's case to build a strong defence.
  • Providing legal advice: They will explain your legal rights and options and explore your potential defences, guiding you through the complexities of the criminal justice system.
  • Negotiating with prosecutors: They may negotiate plea bargains to potentially reduce charges or penalties.
  • Representing you in court: They will advocate for you in court hearings and trials, presenting your defence arguments.

A: A traffic lawyer is a specialised type of criminal defence lawyer who focuses on traffic offences. These can range from minor speeding tickets to more serious charges like drink driving or driving without a licence. A traffic lawyer can:

  • Challenge the validity of traffic stops or charges.
  • Negotiate for reduced penalties or licence suspensions.
  • Represent you in court for traffic-related offences.

A: Finding the right lawyer for you depends on your specific circumstances. Here are some tips to find the best legal representation:

  • Consider your case: Identify the type of offence and choose a lawyer with significant experience handling similar cases.
  • Research potential lawyers: Read online reviews and testimonials, and check their qualifications and experience.

Contact your preferred lawyers: Schedule consultations to discuss your case and assess their communication style and fees.

A: Legal fees can vary depending on the complexity of your case, the lawyer's experience, and the length of representation required. Most criminal lawyers offer upfront quotes or hourly rates. Here are some factors impacting the cost:

  • Severity of the charge: More serious charges typically require more lawyer time and resources, thus leading to higher fees.
  • Complexity of the case: Cases with intricate details or witness testimony might require more investigation and legal strategy, thus increasing the cost.
  • Trial vs. Plea Bargain: If your case goes to trial, expect higher fees compared to resolving it through a plea bargain.

A: Many criminal defence lawyers offer free consultations, allowing you to discuss your case and get an initial assessment. This can help you understand your legal options and decide if the lawyer is indeed a good fit for you.

A: Here's what to do if you've been accused of a crime:

  • Remain silent: Don't answer any questions from law enforcement officers without your lawyer present.
  • Contact a criminal defence lawyer immediately: They can advise you on your rights and guide you through the next steps.
  • Don't tamper with evidence: Don't attempt to destroy or hide anything related to the case.

Be honest with your lawyer: Provide them with all the details of your situation for the best possible defence.

A: If you can't afford a private lawyer, you may be eligible for legal aid. This government programme provides financial assistance for legal representation in criminal cases.

  • The burden of proof lies with the prosecution: They must prove your guilt beyond a reasonable doubt.
  • You have the right to remain silent: You don't have to answer any questions that could incriminate yourself.

You have the right to a lawyer: You can request legal representation at any point during the legal process.

A: This is a crucial decision best made in consultation with your lawyer. They will assess the evidence, your potential defences, and the likely outcomes to advise you on the best course of action.

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