Criminal Bail Bonds
What is a judicial bond ?:
Judicial bonds are those that are granted as a result of a trial and are required by a court or judge or by a court to one of the parties or both parties in case they are in litigation in order to guarantee the judicial procedure.
When is judicial bail given?
A bail judicial always as its name indicates, is derived from a judicial process, ie a trial., Later we will see what types of the trial can be.
For what amount is a judicial bond set?
the amount of the judicial bond is calculated and determined by a judge or a judicial authority, in case it is reparation of the damage, the judge will determine the value of the corporal damages or material damages suffered or that could suffer
What documents are required for the processing of a judicial bond?
For the process of judicial bail, documents such as proof of address, property receipt, and a real guarantee are required, as they are; real estate, cash, securities, the guarantee will depend on the amount of the bond, the type of crime. It is necessary to consult with your criminal bail agent in order to advise you correctly and indicate the necessary requirements for judicial bonds.
Who can give legal bonds?
there are few criminal bondholders that are dedicated to this field, the judicial bonds are a very specific branch and with little interest by some bondholders, so the bondholders that grant these bonds only have professional bonding agents in this field and they have the faculty to decide whether or not a bond is issued.
When is a judicial bond canceled?
The cancellation of a judicial bond can be given in 5 ways:
- cancellation of bail in writing of the beneficiary, by writing, judgment in favor, court order,
- cancellation of bail according to article 120 of the federal law of surety institutions where the expiration or prescription operates
- Cancellation of bail according to article 128 where the beneficiary must inform at the request of the surety about the situation of the judicial or administrative matter, in case the beneficiary does not answer within 30 days, the cancellation of the bonds will proceed in question.
- for payment of a claim
- for a refund of the original policy
How is a judicial bail classified?
a) judicial bond in civil matters
g) of protection
It is necessary to mention some cases, in which the bail of the aforementioned subjects is presented.
Judicial bond in civil matters: we can give some examples of judicial bonds in civil matters:
Security to guarantee damages and losses by precautionary measures.
The precautionary order is given when a judge approves the rooting of people. – this occurs when a person requests the judge through a judicial process for fear that the defendant will be absent or hide making the person can not leave the place without leaving a legally authorized representative to answer the trial that is carried out the cape. In this case, the guarantee guarantees the payment of the damages and damages that may be caused to the defendant in the event that the latter is innocent or not guilty.
It can also guarantee a precautionary seizure which is given when a judge makes available the necessary goods for the purpose of the defendant fleeing or concealing the assets in court, in this case also the surety guarantees the payment of the damages and losses may cause to have been denied the use and enjoyment of the property in court.
Another type of judicial bail is the negative action is a real right that the law grants to the owner or owner of a property or legal owner, to release or reduce taxes on the property are held, guaranteeing the payment of damages and losses to the third person because of the legal consequences of this declaration emanate. (they would call tax)
Another judicial bond is the one that guarantees the restraining order or the repossession of new work. This guarantee consists in guaranteeing that new work does not cause harm to third parties by taking bail as a security measure where the bail will be effective in the event that said work causes damage to third parties.
Bail of damages derived from a real estate dispute. – in this type of bonds are requested by the judge to guarantee the damages and losses that are caused by one of the parties, whether landlord or tenant, in this case, the bondholders can only give bonds for tenants with a deposit in cash up to the amount set by the judge.
b) Judicial bail in commercial matters:
It serves to guarantee the payment of any damages that may be caused to any injured party, derived from any breach of any of the clauses of a commercial contract, this bond will be effective in case the party contracting the bond loses the trial that I derive the bond.
c) judicial bond in family matters:
Bail of alimony or bail for food .- bail for alimony is demanded by a judge when there is a
voluntary divorce and is to guarantee the payment to the spouse for food, clothing, housing, expenses in case of diseases, primary education, this payment may be requested to cover these needs of both the spouse and minors.
The requirements for processing alimony bonds are the following:
1.- a copy of the divorce agreement, which must contain, number of courts, file number, monthly amount to pay alimony
2.- sign a multiple bond contract that is provided by the surety agent specialized in alimony bonds.
3.- a copy of official identification
4.- a copy of proof of address
5.- Signature of 12 letters by the person who will receive the pension
The bail delivery time to guarantee the payment of alimony is 30 minutes
Executors’ bond.- When a person is appointed as executor, he is required to present within the first 3 months bail for executor which guarantees its management as such, the amount of the executor’s bond can be determined by the following:
- it can be determined by the amount of the rents for a year that can be received by the real estate that is under a lease contract,
- It can also be determined by the value of the movable property or real estate
- In case they are rustic or agricultural or agricultural production, it will be determined according to the calculation made by the expert in the matter for the period of 5 years
- If it is a merchandise trade, it will be calculated multiplying 20% of the amount of the same, if good control is carried out, otherwise, it will be determined by expert specialists in the matter.
Bond for guardianship .- the civil code provides this bond for guardianship, which guarantees good performance in the performance according to what is prescribed by the civil code in its article 450 in which mentions that they can be guardians of minors or persons of legal age who are disturbed or disabled of their intellectual capacity or who suffer from any condition.
Judicial bail in criminal matters:
unfortunately, in our country, there is a high crime rate, therefore, the prisons are saturated, both criminals who actually committed a crime, and innocent people who unfortunately were at the right time, but this can only define and decide the authority based on the law.
In our country, as in the whole world, laws granting rights to persons accused of a crime, in Mexico they can enjoy their freedom through criminal bonds.
The criminal bonds that can be granted are the following:
Criminal bail of provisional freedom:
The criminal bail is stipulated in article 20 frac. I of the constitution where it states that the benefit of the criminal bail can be obtained, as long as the offense committed does not exceed 5 years, the criminal bail will be valid until there is a resolution by an executory sentence. This guarantee guarantees the non-theft of the justice inmate, the payment of compensation for the damage, as well as the possible fines that may arise from them.
Conditional sentence bond:
The bail of conditional condemnation is given when the inmate is already in jail or prison and for good behavior the benefit is granted so that they can comparison their sentences out of jail, for this they must previously present the bail that ensures that the reo does not evade the action of justice and also guarantees the repair of the damage caused, in order to enjoy this benefit the sentenced person must:
a) grant bail
b) be forced to reside in a certain place, from which he cannot be absent.
c) repair the damage caused.
d) that the sentence does not exceed 2 years in prison.
e) abstain from intoxicating beverages and the use of narcotics.
f) not to offend in any other crime.
g) The bond that is granted will have a validity of 3 and a half years.
This benefit is granted to sentenced persons who have comparison in prison three-fifths of their sentence, in the case of intentional crimes, or half of it in the case of prudential crimes, provided that the convicted person provides sufficient security to guarantee the reparation of the harm if you have not done so, as well as not stopping the action of justice.
The prisoner must also meet the following requirements:
a) that the inmate does not reoffend
b) that has repaired the damage or forced to repair it
c) reside in the place that is determined
d) play some honest way of working
e) abstain from alcoholic beverages.
Judicial bail in respect of Amparo
All protective bail is required by judges, collegiate circuit courts or by the Supreme Court of Justice and its function is to guarantee the payment of damages that may be caused to other people, called the injured third party. The surety must pay the beneficiary of the protection bond, in case there is no favorable ruling in the Amparo trial. When the damages cannot be determined exactly in money, the judge or the authority will fix the amount of the bond.
There are bail bond agents or bail bondsmen at Lions so they can be properly advised to process bail bonds.
The bond for automobile accidents
What guarantees the bond for motor vehicles?
This bond is commonly included in car insurance and offers legal protection to the driver, assistance and legal defense, so that it can be released, also guaranteed good treatment by the authorities. In the event of a collision, this guarantee guarantees the payment of the damages suffered to the third party in his assets or persons. Also, the unit is returned to the driver,
The necessary requirements for the processing of criminal bonds are:
- Identification of the processing and proof of address
- Identification and proof of address of the joint obligor
- Signature of value letter of the property that they leave in guarantee
- Property ballot