101 Bail Bonds -What are the Kinds of Bonds?
For lack of knowledge, many criminals arrested in the act believe that the value charged by delegates in the police stations to release them is a tip. The value is actually bail so that the person gets the right to stay free while answering the inquiry or process. But not everyone has this right and there are several rules for bail application. The payment of the amount does not exclude the possibility of the person returning behind the bars if he or she has violated rules determined by the judge or is convicted. On the other hand, if acquitted, the accused can recover the full amount, with monetary correction.
Matheus Laiola, currently deputy director of the Special Police Operations Center (Cope), says that he has spent few and good in police stations in the interior, with prisoners and their families feeling that they paid bribes in exchange for freedom. “It is our obligation to clarify what bail is. Even so, some did not believe much in what I was talking about and would complain to the judge, “said the delegate.
The Code of Criminal Procedure (CPP) explains that the value is charged to the prisoner, in the first hours of his arrest, with at least three objectives: to pay the costs of the judicial process (until the sentence is issued), to compensate possible damages to the victims and to force the suspect to cooperate with the progress of the investigation and then the criminal proceedings. The amount must be paid directly at the police station or register of the criminal courts.
What are the Kinds of Bonds?
The bail bond agent (https://www.bondcliff.net/) will have the defendant put up some form of collateral such as jewelry, real property, cars, or anything else of value so that it can be sold to pay the full bail amount in case the defendant doesn’t show up for their court hearings.
If the crime is punishable by a maximum penalty of four years (eg theft, damage to property, receipt, etc.), the bail is arbitrated by the delegate and can vary from one to 100 minimum wages. But if it is more than four years (simple homicide, stillage, robbery, etc.), it can only be arbitrated by the judge, who has 48 hours to appear after the arrest. Thus, it can determine bail between 100 and 200 minimum wages. Despite the rule, both the delegate and the judge still have three possibilities to deal with these amounts: to waive bail (if it turns out that the inmate does not have the financial conditions to the bank), reduce the value by up to two – or multiply the value per thousand.
The amount is determined according to the financial conditions of the prisoner, the damage caused to the victim, the severity and degree of violence employed in the crime, the risk of this person committing the same crime, among other factors.
Laiola exemplified a case he attended earlier this year at the Police Station and Deviation of Cargo (DEDC). He arrested five people, who sold land that did not exist in Itapoá (SC). One victim was injured in about R $ 200 thousand. Thus, the judge arbitrated bail of 100 minimum wages for each inmate. The amount collected, greater than the R $ 200,000 of injury of the victim, according to the judge, was sufficient to, at the end of the process, compensate the victim and pay the costs of the process.
Already who is arrested for driving drunk, for example, can have small bail. But if you hit and killed someone in traffic, that bond will be much bigger. According to its financial conditions, the value can go from R $ 100 to R $ 100 thousand.
Titles & Jewelry
In addition to money, other values are accepted as payment of bails, such as stones, objects or precious metals; bonds (municipal, state or federal) and mortgages.
“If the person wants to give a car, I have to accept,” said the delegate. But most delegates and judges prefer it to be in cash, as these other objects and devices depend on being evaluated, and not always, these professionals are easily found in the market.
Innocents are reimbursed
Defendants who are not guilty at the end of the proceedings have the right to recover in full the amount of the guarantor, monetarily corrected. In the case of convicted defendants, but who have paid, higher than necessary, can recover the difference. Once the procedural costs, damages to the victim and the amount of the fine imposed on the condemned are deducted, the remaining balance can be withdrawn by the person who paid the bail.
But just as the defendant has the right to recover the money in whole or in part, he may also have to pay more in the process. This is for some reasons. One of them, for example, is a change in the definition of crime. A person who responds for bodily injury followed by death may have the crime changed to simple homicide, according to police investigations or further analysis by the judge. Since it is considered a more “serious” crime, with a greater penalty, the number of bail increases.
Another case is the bail bonds paid in jewels, precious metals, public bonds, mortgages, etc. If these assets have a depreciated value in the course of the proceedings, the judge can determine the payment of extra value, so that at the end of the process these assets continue to have the same value as when they were deposited. In these last two cases, if the person does not pay the extra value, he loses the right to respond in freedom and is arrested.
The money that is not returned to the defendant, or because he has lost the right to request it, or because he forgot to recover it, is donated to the National Penitentiary Fund, which aims to finance modernization and improvement of the Brazilian Penitentiary System.
Generally, bail is granted under certain conditions, called by the law of precautionary measures: not to leave the house at night, not to travel long without informing the judge, not to approach the crime scene or the victim, to appear periodically in court, suspension of work and electronic monitoring.
Everything has to be registered
Because bail money is collected directly from the police station or criminal court registry, as determined by the Criminal Procedure Code, many people are really afraid that money will not go to the right destination. However, the inmate or his family members and lawyers must require payment to be recorded in a specific numbered and initialed book, where payment is noted and signed by the inmate and the police authority. The clerk is required to produce a certificate, stating all the data in the book and attaching this certificate in the inquiry or proceeding.
But this certificate will only be valid if also the proof of the deposit of the money in the judicial account is attached. The amount deposited is linked to the CPF of the inmate and the information (value and CPF number) must be included in the voucher. The police or judicial authority has up to three days to deposit the amount.