Prisoners may be freed on bail if the offense is punished by more than three years in jail and interim imprisonment is not an option. If the sentence is less than three years, the offender may be granted conditional release without bail. Conditions include residence restrictions, electronic monitoring, and payment of a bail bond.
Bail can also be used as a tool to gain confidence from witnesses or potential defendants while out on bail. If the case goes to trial and the defendant is found guilty, the court may decide to forfeit the bail amount as punishment. However, this rarely happens.
In Spain, the burden of proof is high: guilt must be proven beyond all reasonable doubt. This means that someone who has been accused of a crime but not convicted can still move abroad if they can prove that there are no grounds for extradition.
Spain's system of justice is based on the presumption of innocence until proved guilty. This means that people should not be held criminally responsible unless every step of the investigation and prosecution has been done properly. Cases often need to be re-opened if new evidence comes to light.
Extradition requests are usually submitted by the authorities of the country where the crime was committed. If no request is made, then no action can be taken against the person fleeing justice.
Bail is available for most offenses, although it is seldom granted. The legislation does not specify a maximum term of pretrial custody, however it is normally between 80 and 120 days. Detainees may be held by authorities for the duration of the investigation and subsequent trial, subject to judicial review.
The decision to grant or deny bail is at the discretion of the judge. Factors that the judge will consider include the nature of the offense, previous records, financial resources of the defendant or his or her family member if he or she is able to post bail, the strength of the evidence against the accused, the possibility of fleeing if released, any threats or promises made to the accused by police officers before he or she agreed to remain in jail while awaiting trial, and any other circumstances that may bear on whether there is a risk that the defendant will not appear for trial.
Brazilian judges can issue warrants for suspects' arrest if they fail to appear in court as scheduled. If the suspect is found within the country, he or she will be taken into custody by law enforcement officials. Otherwise, the Brazilian courts system relies on international treaties and agreements for requesting the extradition of criminals.
There is no specific amount of money that must be put up as bail. However, it is usual for defendants who are considered a low risk to appear for trial when only cash bail is required.
You will not be able to be freed from jail if you are unable to pay the bail imposed by the court. As a result, you must remain in jail until your trial date is decided by the court. It implies you might be imprisoned for months between the moment of your arrest and the start of your trial. Bail may also be referred to as "bond".
In order to get out of jail, you will need to find money to pay for your release. The amount required depends on the type of crime that you have been accused of. If you are considered a risk to flee before your trial begins, the court may set a higher bond than otherwise. A family member or friend who has you arrested may be able to post your bail, but they will need proof of their identity and address in order to do so.
If you cannot pay for your own release, the court may decide to appoint a bail bondsman to put up the cash instead. These are private companies that agree to give up their money (as well as their reputation) in return for a cut of your bail payment. They will take over the responsibility of making sure you show up for all your court dates while letting you go free pending your trial.
Finally, if you are unable to pay at all, the court may order you to perform community service or stay in jail until you can come up with the necessary funds.
Bail is a contract between you, the defendant, and the court. If you are found guilty at your trial, you will have to return to jail to begin serving your sentence.
There are two types of bail: cash bail and personal bond. With cash bail, the person posting the bail pays the bail amount directly to the court clerk's office. The judge sets the bail amount based on how much information she has about you and your case. It can be as low as $10,000 or as high as $1 million. If you are able to post bail, then it will be set at an amount that allows you to do so. If you are unable to post cash bail, then you will be required to find a bail bondsman who will post the bail for you.
On a personal bond, the person posting the bond provides surety, or collateral. If you fail to appear in court as scheduled, the bail bondsman will submit a claim to the court for the full amount of the bond. The court will decide whether to accept the claim and release the collateral, or keep the bail money and try to track you down. If they cannot find you, then you were probably just trying to stay out of jail!
In judicial detention, the person may petition for bail under CrPC chapter 33, which deals with bails and bonds. Judicial custody can last up to 60 or 90 days in total, depending on the maximum penalty for the offense. After 30 days, a second petition for release can be filed.
The court will take into consideration the nature of the charge, the presence of other factors such as previous records, current circumstances including employment status and history, family support systems, property owned, etc. The court may also request a recommendation from the prison authorities regarding whether the person is likely to appear if released.
If the court decides not to grant bail, it can decide that the person should remain in jail even after the initial 30-day period. This can happen if there are concerns about the person's ability to pay for their own attorney or if the court believes that there is a risk that the person will not show up for trial.
After 90 days, most cases will be resolved either by plea bargain or at trial. If an agreement cannot be reached, then the case will go to trial by judge or jury.
At trial, the person has the right to be represented by an attorney and to confront witnesses presented by the prosecution. If the person is found guilty, they can file an appeal with the higher court based on any issues relating to their conviction or sentence.