Bail is the constitutional right of every person arrested for the alleged commission of a crime to remain at liberty until a trial is held and a judgment is issued, by payment of a sum of money or by guaranteeing such payment with a property or by mediation of a bail bond company or subject to the conditions imposed by the Services Office before the Trial. See the Office of Services section before the Trial. This right exists because in our system of justice it is presumed that every person is innocent until proven otherwise. Its sole purpose is to ensure that a person arrested for the alleged commission of crime appears to the Court each time he is summoned. It can not be used to punish anyone who has not been proven to have committed a crime.
According to the Law of Puerto Rico, as a general rule, bail only applies when the crime is imputed is serious. Except in certain cases, when the crime is less serious, only the person is summoned to appear before the Court on a certain date.
Deposit by bail bond company
In this case, the contract is contracted with a company authorized to lend bonds in Puerto Rico to which the premium is paid, Generally 10% of the amount of the bond. This company is responsible for processing all the documents related to the bond with the Court. The courts regularly receive information about the companies that are authorized to lend bonds in Puerto Rico. We will explain at our Homepage a little more about bail bonds.
It should be noted that the premium paid to these companies is not subject to reimbursement, as is the case with the cash bond if the person appears at trial whenever it is cited; Said premium is the payment for the service that the company provides.
As soon as a person is arrested and brought before the Court for an alleged violation of the law of a serious nature or, in certain special cases of less serious nature, if probable cause is determined to believe that the person has actually committed You must post bail. The amount of this depends on a series of circumstances that the Court must consider. Determined the existence of probable cause and the bail set, the person is immediately in the custody of the bailiffs of the system, ready to be imprisoned if not bail.
In addition to the bail, or in substitution of it, the Court may impose on the person of the series That conditions must be met. The conditions depend on each particular case. If the person does not meet the conditions, the Court can order his arrest. If bail had not been set, only conditions, the Court would impose bail to ensure his appearance.
Provision of the deposit
Once the bail is set, the person charged must pay it immediately if it is in the Court, or as soon as they take it to the Court. If you are not prepared to provide it, you can call a family member, a lawyer, a bail bond company or someone you trust to help with the procedures. If you have been taken to a criminal institution in compliance with the order of release issued by the Court, you must indicate to the person with whom you are requesting a document called “crime ticket and bond” in said institution. With this document, the person goes to the corresponding Court Registry and provides the bond so that the Court can order the release of the accused person.
In these cases, the Office may also intervene in advance of the trial, if certain conditions are met (see section Office Services before the Trial) or it may happen that the Court is provisionally released under other circumstances Probation without bail.).
Ways to provide bail
The deposit may be provided in different ways, namely:
In cash: The person himself, or any other person wishing to help him, can deposit in the Secretary of the Court the total amount of the deposit. The person receiving a receipt in this regard. After the judicial process, the person who lent the bond may be returned. See the section Return of deposit.
Payment in cash of% plus a personal obligation for the part not paid: The Court may impose a bond that requires the immediate payment of only a part or percentage (%) of the total. In that case, the amount required must be deposited immediately in the Secretariat and a person, who is not accused, must sign a document before the Court in which he agrees to pay the rest of the bail set if the person The defendant does not appear before the Court on the date for which he is summoned.
Mortgage bond: It is the bond that is offered in the guarantee of the payment some property whose value discounted the encumbrances is sufficient to cover the amount of the bond. In this case, if the accused person, or any other person who wishes to help you, have one or more properties whose value is greater than the amount of the bond, you can offer it as a guarantee of the payment of the same. To do so, it is required, as indicated, that the properties be free of encumbrances that may affect the collection of the deposit by the State.
- Bring the deed of the property REGISTERED and CERTIFIED by the Land Registry.
- Submit a Registration Certification on the property. It is obtained in the Property Registry. Normally they are accepted dated up to 30 days before the dance is given. To make sure of this, it is preferable to consult with the judge or the judge on duty in the Court.
- The owners or owners of the property must appear. These should be the photo identification, the residential address, the social security number, the telephone number and any other general information that the judge requires.
- A recent Appraisal of the value of the property must be submitted. Normally the dates are accepted up to 6 months before the dance is released. To make sure of this, it is preferable to consult with the judge in charge at the Court.
- A certificate issued by the Municipal Tax Compliance Center (CRIM) must be presented in relation to the tax status and property debts.
- If the registration certification arises to lien and the owner proposes to claim that it was canceled, or that it is reduced must present proof of this issued by the creditor.
- You must present the document known as a crime ticket and issued by the criminal institution in which the accused or defendant is held. If the Court ordered a bail reduction, the resolution issued by said Court must be presented.
Note: The accepted value of the property will be deducted from the outstanding liens and debts, as well as $ 1,500 for a safe home. The surplus will be available for the deposit.
Mortgage bond for more than one guarantor
Rule 220 of the Rules of Criminal Procedure provides that if the judge allows it, more than one guarantor may provide this type of bond, separately competing for lower amounts provided that the total of individual obligations is equal to twice the amount of the bond that was imposed in the case or the one fixed by means of reduction of the original bond.
Office of Services before the Trial
This is a state agency that operates in some judicial centers, although the service is being extended to cover them all. If the person accused of the offense voluntarily submits to the service provided by the said office and complies with the conditions imposed on him, said the office is responsible for the proceedings before the Court to obtain the provisional release of the latter until the sentence is pronounced. However, persons who have been charged with the commission of certain crimes are not eligible for this service. For this, the Office of Services before the Trial makes a study of each particular case it attends.
If the person accused of a crime complies with the requirements and accepts the conditions determined by the Office, the Court may order that he shall be released provisionally without having provided the bail set.
Some of the options that can be given in this case are:
- Freedom in the custody of a third party: A third person who deserves the confidence in the Court undertakes to supervise the accused and inform the court of any breach of conditions by the accused.
- Freedom under own recognition: The accused person is allowed to deserve the confidence of the Court to remain at liberty under the written promise that he will appear at the Court whenever he is summoned. The Court can not impose conditions on it.
- Freedom on deferred bail: Bail is set for the person charged, but he is allowed to be released without having been subject to certain conditions ordered by the Court. If you violate any condition, you are then required to post bail.
If a person considers that the bond that has been imposed on him is high, he can obtain the services of a lawyer or a lawyer and ask the Court to lower it. If you do not have money to hire legal representation, you can ask the Society for Legal Assistance for help.
When the rebate is requested, the Court must hold a hearing within 24 hours. In those cases, after examining the justifications and taking into account the opinion of the Public Prosecutor, the Court makes its decision. The imputed person must provide the bail set according to the normal bail procedure. As long as he does not, he will remain imprisoned preventively.
Increase in bail
In the same way that the accused person may request a reduction, the Public Prosecutor may also request an increase if he considers the circumstances of the case justify it. Likewise, it may request that the Court impose additional conditions to the bond or that it extends the conditions already imposed.
Confiscation of bail
If the person accused does not appear before the Court on any date for which he or she was summoned, the bond is confiscated.
If this is in cash, the person who loaned it loses the money. If only part of the bond was paid and a third person assumed the obligation to pay the remainder of the accused did not appear before the Court, the State confiscated the part that was paid in cash and proceeds legally against the person who pledged the rest.
If the mortgage bond was provided, the Department of Justice’s Division of Securities will be responsible for taking the case to recover the amount secured with the property.
If the bond was lent by an insurance company, it would be responsible for paying the State. The person who contracted with the company already paid the premium (10%) that corresponded to him.
A person who has trusted and has the suspicion that the latter is not going to appear at the Court can take the trusted person to the Court and request him to cancel the bond he lent. In that case, the Court will take the measures it deems necessary to guarantee once again that the accused person appears in his day.
Refund of the deposit
If the accused person appears before the court until judgment is given, then the bond loses its purpose and the guarantor may request the return of the same. For this, the guarantor will be required to appear before the Court and present the receipt that was issued at the time of posting the bond.
Security deposit in cash
If the bond was lent in cash, the Judge or Judge will authorize the return of the deposit, regardless of whether the person has been declared innocent or guilty. To do this, you must fill out the form that is obtained in the Court itself (Form OAT 771) and accompany it with the deposit. Motions to request the return of the deposit must be submitted to the Clerk of the Court. The same happens if only part of the deposit is paid.
Once the Court issues a judgment, whether of acquittal or of guilty, the guarantor must request a copy of the judgment and request from the corresponding Office of the Prosecutor to begin the procedure to eliminate the lien registered in the Property Registry.
Deposit by company bail
The company itself is Responsible for any queue management needs to be done. The trusted person does not have to perform any management.
Payment of ends with bail
If the bond was lent in cash by the accused person himself, of being convicted, the Court may order that the amount of any fine imposed on the case be withheld from the bond and that the surplus is returned to him.
If the accused is convicted and wishes to appeal the judgment before the Circuit Court of Appeals or the Supreme Court, he may request from the Court that he has issued the conviction that establishes bail for purposes of appeal. In this case, however, bail is not a constitutional right, since the presumption of innocence no longer operates. The Court has the discretion to set a bond or not to do so.