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A bail is a form of security that allows a person in legal custody to be released. He is, however, required to appear in court under the terms specified in the bond.
Bail is a matter of right, the exception being if the crime is punishable by reclusion perpetua, life imprisonment or death -if the evidence is strong (and if it's weak, bail can be granted.) In case of the 3 exceptions, it becomes discretionary and may be denied. It can also be applied for after conviction in the MTC. If conviction is made in the RTC bail becomes a matter of discretion even if the crime isn't punishable by reclusion perpetua, death or life imprisonment.
Bail cannot be excessive and can be applied for even if the privilege of the writ of habeas corpus is suspended. If a person is arrested by virtue of a warrant, however, a petition for habeas corpus will not be applicable (Moncupa vs. Enrile, 141 SCRA 233) except in certain instances where the person arrested has a right to be protected from arbitrary and oppressive actions by the state (Serapio vs. Sandiganbayan, GR 148468-69, January 28, 2003.)
When a petition for bail is pending in court, a motion to quash an information can be filed. This is because the accused is allowed to apply for bail the moment he is arrested.
A bail can take any of the following forms:
1.) Cash
2.) Corporate Surety (usually 7% of the bail, renewable yearly)
3.) Property Bond (must be equal to the amount of bail)
4.) Recognizance (the bailed person is insolvent and his appearance in court will be guaranteed by another person in good standing -allowed only if the offense isn't serious)
Conditions
1.) A bail remains effective until judgment is made in the RTC, whether or not the RTC is in its original or appellate jurisdiction unless it's cancelled.
2.) The accused must appear in court under the following instances:
a.) Identification purposes
b.) Arraignment
c.) Promulgation of judgment (unless he's convicted for a light offense)
3.) If the accused is absent, he waives his right to be present at trial and he is tried in absentia. For trial in absentia, the following are the requisites:
a.) The accused was already arraigned
b.) He was duly notified of the trial
c.) He has no justification for his absence
4.) The bondsman will surrender the accused to the court for execution of judgment and they can arrest him. Take note of this article.
Even if the accused is absent, his lawyer must still be present at the proceedings so that his constitutional right to counsel isn't violated.
Such other orders be also passed in my favour as deemed fit and proper in the facts and circumstances of the case and in the interest of justice. Bail Bondsman Phoenix Az
ReplyDeleteWhat Information Should I Give the Bail Bond Agent?
ReplyDeleteLaws Governing Bail Bonds in Irvine Bail bond companies are expected to be confidential. It feels great sharing your arrest information with an agent you are sure you can trust. Your bail bond agent will require specific details when securing your release from jail. Knowing you can trust the agent makes it easy for you to provide this information. The agent will want to know where you or your loved one is kept in custody. You need to know the state, county, city, and name of the jail. It will make it easy for the agent to trace the person whose release from jail they are expected to secure. The agent will also ask for the full name of the defendant and their jail number. The information will be needed when the agent contacts the jail to inquire about the defendant’s bail. The agent will need to know the total bail amount. You will be given this information on your first arraignment when the judge determines your eligibility for bail and how much it should be. If your case doesn’t need a bail hearing, the arresting officer can tell you how much bail you need to pay for your release. Your bail agent will probably want to know whether you will willingly appear in court on the set date and if you are planning to relocate to another county or state. If the bail amount is high, the agent might want you to secure the bond just to be sure of your willingness to appear and abide by the court conditions until the conclusion of your case Processing Bail Bonds in Irvine.