INNOCENT UNTIL PROVEN GUILTY. ‘That’s one of the most basic ones the right of a defendant to the crime. While his responsibilities were not proven he was an innocent citizen for the eyes of the law.
Because of this principle, the accused must also be allowed to enjoy his liberty while still in the trial, since the court has yet to prove the accused to him.
What if he really is guilty and is likely to flee when released because the evidence is strong against him?
That goes to the subject of the bail.
It is a system to make sure that there is no rottenness in the prison because of the wrong star – and on the other hand – a criminal can not simply escape his responsibilities and keep it in the same principle.
Various types of bail in Las Vegas
The bail, known as bail, is the security provided by an accused to be temporarily released while filing his case and making sure that he / she is incarcerated during the hearing. The bail will have two minds, before it goes out.
If gambling is a gamble, the defendant insists that he will not run away or be called a ” jump bail “. Of course, the amount of bail imposed by the court is based on various factors, such as:
(1) the criminal status of the accused,
(2) crime committed,
(3) the accused’s reputation,
(4) age and health,
(5) evidence against the accused
(6) he is another case or has been evacuated.
For example, if Lucio Tan was the defendant, a million pesos bail, a coin for him. The murder case is higher than the amount of bail on charges of physical injury only. Notable colleagues usually have the recommended bail because they are flight risk as much money is lost.
There are various types of bail or security you can make:
(1) Cash deposit – Malutong war. Vicente Lim, Josefa Escoda and Jose Abad Santos are your backers here. Also include Ninoy.Aquino and Jose Rizal. After the hearing it will be returned to anyone who has paid and no interest (not the time deposit ). When you turn away, bye-bye you well Lim and Josefa Abad Santos.
(2) Property Bond – If you have no money, your title can be yours. If you escape, your house will not, and that will be written behind the title. So there’s nothing to buy it even if you sell a penny.
(3) Recognizance – You may be released or handed over to the custodial of a responsible person. The one at stake here is your reputation or the person who guarantees you. These cases are limited.
(4) Corporate Surety – Here the bonding company will guarantee you will not run away. These bonding companies have gone through the prior Supreme Court’s prior affirmations, to make sure they have enough capability.
The corporate surety or bondsman is for people with less money or no property for bail.
For example, instead of hitting a Php100,000.00 in your bail you can only charge a bond of P10,000.00 and they will do the rest. The case must renew this year.
As I said, the bondsman will guarantee the court to charge you for trial. So when you flee they will get you to their bounty hunters and you will be returned to jail. If you do not get caught, Vegas Bad Boy suggests paying the full amount of the bail.
Unlike cash bail, the corporate bond will not be able to return your money. And if the trial lasts, you will always renew, so if you calculate it is as good as you will be paying. When you have money, you’re just cash bail.
BAIL AS A MATTER OF RIGHT
Debit is the right of the accused if his case is in the Metropolitan / Municipal Trial Court (MTC) only. MTC crime is a small time.
The bail is also the right of the accused if in the Regional Trial Court (RTC) the case is not punished by reclusion perpetua, or life imprisonment.
If the case is being punished by a reclusion perpetua or life imprisonment and evidence of guilt is strong there is no guarantee. If the evidence is not strong, then you will be able to bail.
The Ampatuan case (at the time of writing this post) is currently being heard if ” evidence of guilt is strong.” Ampatuan, Jr.’s Motion to Post Bail filed filings, and of course it was opposed to the prosecution.
The trial does not really begin at all. Preliminaries yet. The prosecution just presents evidence to prove that the evidence of guilt is strong and that daytuor should not bail.
Based on the facts and testimony of the witnesses, if the dayunyor is still bailed, I just want to. Perhaps we are about to migrate to Timbuktu.
BAIL WHEN DISCRETIONARY
Do you know that even if a person is convicted, he can still bail?
Yes, you can. I have appealed yet. As long as appealed there is a possibility that he will still be acquitted. When an appeal is still pending the trial and the principle of ” innocent until proven guilty ” is still applicable. If he does not appeal, then he’s gone.
If a convicted person of the MTC is still a matter of right the bail. If it is in RTC, then matter of discretion. It is in the court decision whether to allow bail or not.
Of course, if the penalties provided by the RTC are reclusion perpetua or life imprisonment without any bail. What other ” evidence of guilt is strong ” is the issue being convicted.
If the penalty is provided for more than 6 years, it is possible to ‘not allow the bail or cancel it if the accused has committed a crime while in prison, previously detained jail, commits a crime during probation, he is a ” flight risk “, or even commit a crime while appealing.
WHERE TO FILE
You can bail in the court where the case is pending. If closed, in the adjacent court. If there is no judge in the next court, another court may be MTC or RTC. Everywhere there is an open shop.
It’s free, it’s freedom to talk about it and of course no one wants to spend overnight in the cell.
Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation
When you apply for a bail, you do not mean that you are arguing that the arrest is generally believed to be illegal or unfounded. So, even if this is the case, you will first apply a bail, then ask the illegal arrest to be important, let go first.