Bail Bonds

Bail bonds Chino Hills -What You Need to Know About Bail Bonds

bail bonds

” PF holds investigated for embezzlement in Tourism who was on the run.

The Federal Police yesterday arrested the businessman and journalist Herbert Gaznez, one of the suspects of participating in irregularities in the Ministry of covenants Tourism investigated by Operation Voucher. 

He was in the United States when the operation was triggered last week and, despite having obtained a habeas corpus that would free him from prison, he did not pay the bail determined by Justice … 

Gaznez’s brother, Lenard Gaznez, a partner of Humanity Sync, another company investigated, was also arrested by PF for lack of payment of bail. “

What You Need to Know About Bail Bonds

Bail is an alternative to pre-trial detention. And pre-trial detention is the imprisonment that takes place before a sentence, that is, the person is waiting for the judgment to be arrested, only then to know if it is guilty or not. 

When a defendant gets a bail bond from BondCliff or posts bail, they will sign a written promise that ensures that they will go to the court whenever they are required to without fail, otherwise they will be placed back into jail. 

There are four reasons to avoid pre-trial detention. First, it assumes that the person is guilty until proven guilty and this is not very democratic. We keep the suspect in jail while we do not know if he’s actually guilty and punishable. This goes against the principle that we are all innocent until proven guilty.

Second, it swells the chains. In theory, the law should not look at whether or not it has prison space before it is applied. And in fact, it does not. What happens in practice is that the law can not be operationalized if there is no physical space to receive the prisoners. I explain: if prisons are already full of people awaiting trial, there will be no room to place those already convicted. It is true that people awaiting trial and already sentenced get stuck in different places, but money is not born in a tree and the government has to decide whether to invest in building one type or another in prison. Therefore, the law tries to keep people from getting stuck waiting for judgment unnecessarily.

Third, the law attempts to prevent people who, even if convicted, will not be subjected to the loss of liberty after conviction, are imprisoned awaiting trial. And this is quite logical: if after conviction the person will only be required to pay a fine or render service to the community, why deprive her of her freedom when we do not even know if she is guilty? 

Lastly, someone in prison has not only a cost to society (yes, keeping a prisoner is expensive. The government of Rio Grande do Norte, for example, has recently disclosed that an inmate costs R $ 3,500 per month). In addition, it is not only a cost to the state but also ceases to be a source of revenue for itself, the family and society because it will not be working. He may lose his job, fail to earn commissions, etc. This has a financial impact on your life. Therefore, it is better to leave him free pending judgment than to cause all such damages (which may be irreparable) before we know whether he is guilty. 

But that does not mean that anyone can wait for trial in freedom (provisional freedom). Some crimes are non-enforceable (eg, heinous, racism and narcotics trafficking).

But even if the suspect has committed an offense that allows for provisional release, justice may impose some obligations on his freedom (after all, there is still suspicion under that person). Measures such as a ban on contacting certain people, going to certain places, leaving home (so-called house arrest), etc. They are what the Code of Criminal Procedure calls precautionary measures (do not confuse with a precautionary process, which is a type of process in civil law).

And the bond enters this group of bonds or precautionary measures. It is a financial guarantee that the inmate gives the state that he will introduce himself whenever necessary, including to fulfill his sentence. In other words, he leaves a ‘deposit’ in money with the court which he will lose in half if he fails to appear when requested, or totally if he does not appear to serve his sentence if he is convicted and can no longer to resort. 

In the case above, people were arrested because, although justice gave them the right to await trial, they failed to pay bail, which was one of their obligations. As justice has not received the financial compensation to ensure that they respect the lawsuit, they have been arrested.