Bail Bonds Aurora Co -Facts About Bail Bond Services

Bail Bonds Aurora Co -Facts About Bail Bond Services

It often happens to me that the general public perceives the link as a synonym for prison or the criminal code of imprisonment.

But the opposite is true.

While the custodial sentence is directly a criminal sanction, the aim of which is to punish the convicted, the detention constitutes only a criminal-law protective measure and is on an equal footing with the ban on traveling abroad or simply detaining.

In other words, the imposition of custody does not decide at all about the guilt of the accused, but about his detention for the purposes of criminal proceedings. The Court still respects the principle of the presumption of innocence. Sometimes this institute is called the restriction of the innocent’s freedom.

Facts About Bail Bond Services

A bail bond is posted for the defendant by an agent from the bail bond company via  [official website].

The Criminal Procedure Code in its § 67exhaustively provides for three cases in which the accused be taken into custody. The accused can only be taken into custody if his actions or other specific facts give rise to reasonable concern,

(a) flee or hide to avoid prosecution or punishment, in particular, if his / her identity cannot be ascertained immediately, if he/she is not permanently resident or if there is a high punishment,

(b) to act on witnesses not yet heard or co-defendant or otherwise obstruct the clarification of facts relevant to the prosecution;

(c) to repeat the offense for which he is prosecuted, to complete the offense he has attempted, or to perform an offense which he has prepared or threatened.

In practice, the distinction as follows slang bond áčková, or breakout, bond Beck or collusive and bond Čečková other words předstižná.

If the court further acknowledges that

  1. the facts found so far suggest that the act for which the prosecution was initiated has been committed,
  2. the deed has all the characteristics of a crime
  3. there are obvious reasons to suspect that the offense has been committed by the accused and
  4. with regard to the accused person, the nature and gravity of the offense for which he is prosecuted, at the time of the decision the purpose of the custody cannot be achieved by another measure, the so-called custody.

The binding is the ultima ratio

It should be noted here, however, that the bond is said to be the Latin terminology ultima ratio, that is, the very last means of detention to be used, unless the accused can be provided in another, milder way (by summons, demonstration, detention, or prohibition to leave abroad, etc.).

Furthermore, only the accused may be taken into custody, for whose intentional offense for which he is prosecuted, the law provides for a custodial sentence whose upper limit exceeds two years or. for a negligent crime three years.

How long can a bond last?

How long can a bond last?

Regarding the duration of custody, its maximum length varies according to the severity of the offense for which the criminal proceedings are conducted. Therefore, not only in pre-trial proceedings, the bond should only last for the strictly necessary period, but at most:

(a) one year when prosecution for an offense is conducted;

(b) two years when a criminal prosecution is conducted for a crime;

(c) three years when prosecution is conducted for a particularly serious crime;

(d) four years when prosecuting a particularly serious crime for which an exceptional penalty may be imposed under the Penal Code.

The longest theoretically possible length of detention is therefore 4 years. Of these maximum lengths of custody, just one-third of the pre-trial proceedings last from a record of the commencement of criminal proceedings until a possible prosecution and 2/3 of the classic trial.

Only in the case of B-type custody, ie in the case of custodial detention, the duration of custody may be no longer than three months, unless it is found that the accused has already acted on the witnesses who have not yet been heard or co-opted. What is important to note, however, is that time spent in custody is then included in any prison sentence. Therefore, if the convicted person is sentenced to 5 years in prison and spent half a year before the court’s final judgment, this half-year will be credited with the sentence. This means that the convicted person still has four and a half years in prison on the day of entering the prison.

As mentioned above, the custody is a criminal-procedural institute that greatly limits the personal freedom of a person. Therefore, it is important to examine quite often whether the reasons for which the accused was taken into custody still persist and whether they can be used to secure a person of a milder nature. This review is designed so that, at the latest every three months after the decision has been taken into custody, the judge decides, at the request of the prosecutor, whether to continue to release the accused or release him from custody.

The accused may apply to the court for release from custody

In addition to this procedure, the accused himself has the right to request the court to release him from custody at any time. If the application for dismissal has been refused, the accused may repeat it if it does not state other reasons 30 days after the last decision has become final.

The binding can also be replaced

The binding can also be replaced

It is also possible to replace the link if the court or, in the pre-trial proceedings, at the request of the prosecutor, the judge considers it appropriate to apply the particular substitution. It is possible to replace the escape and forward binding, not the collision. Replace in the following cases:

a) a guarantee of a citizens’ interest association or a trustworthy person who is able to positively influence the behavior of the accused;

(b) the accused gives a promise in writing that he or she will lead a proper life, in particular by not committing a crime, arriving at the court, prosecutor or police upon request, and always giving prior notice of his / her stay;

(c) with regard to the person accused and the nature of the case, the purpose of the detention can be achieved by supervising the probation officer;

(d) a monetary guarantee or a security deposit from the accused or another person. The affected body first decides whether in this particular case it is possible to replace the bond with a monetary guarantee and if it decides positively, then it determines the amount of the financial guarantee (min. CZK 10000) and the method of its composition.

Who decides on custody?

Who decides on custody?

The custody is decided by a court or a judge.

It depends on what stage is being decided. If the judge decides in the pre-trial proceedings and at the proposal of the public prosecutor, the court decides otherwise. The court decides on the application of the accused for release from custody and the prosecutor in the pre-trial proceedings.

What is a custody session

A relatively new institute from 2011 is the so-called remand meeting. It is a decision about custody outside the trial or a public session or during a preparatory meeting, or in the third case the defendant expressly requests the custody.

In general, however, it is preferable to decide on custody in the trial or in a public session where the accused is automatically involved. All members of the Senate and the accused are always involved in the trial in court. There is no need for a public prosecutor and a lawyer to be in custody. The meeting is in camera and a complaint is admissible.

Compensation for unauthorized detention in custody

Law no. 82/1998 Coll., On liability for damage caused in the exercise of public authority decision or maladministration in its § 9. 1 gives the possibility to claim damages fact, on whom been placed in custody and against him, the prosecution was halted whether the prosecution was acquitted or the case was referred to another authority.

The competent authority to which the claim is addressed, the Ministry of Justice. The Supreme Court states in its unifying opinion that adequate compensation for unlawful custody is 500 to 1500 CZK per day.

 After breaking fan cell phone, McGregor pays bail and leaves limousine chain

 After breaking fan cell phone, McGregor pays bail and leaves limousine chain

Conor McGregor continues giving what to speak not only in, but mainly outside the octagon. Last night on Monday night in Miami Beach, Florida, one of the UFC’s top names was arrested, accused of stealing a fan’s cell phone after breaking it off a nightclub. Hours later, however, the fighter left the jail on bail and limousine.

know more

know more

  • After being arrested in the USA, McGregor pays bail and is released; 

  • MMA fighter Conor McGregor is arrested in Florida for breaking fan phone

  • Conor arrested arrested for breaking and stealing fan cell phone

According to the Miami Herald, McGregor was annoyed to see a fan taking photos of him around 5:00 am in a nightclub. Immediately, the fighter grabbed the cell phone and stepped several times to break the device. The incident was spotted by local surveillance cameras, added to the Florida State Police report.

The exit from the chain, incidentally, was the way McGregor likes: with much fanfare. After paying bail for $ 12,500, the UFC star left the limousine spot wearing a custom shirt, which featured a newspaper cover permeated by a statement of its own: “When I say one thing will happen, it will happen! McGregor is back.”

Hours after leaving detention, Conor posted a message on social networks praising his patience and declaring himself to all his fans. “Patience in this world is a virtue, I keep working, I love my dear fans, thank you all,” he wrote in his official Instagram account.

Sex crimes | Analysis of sexual crimes

Sex crimes | Analysis of sexual crimes

 

 

Sexual offenses, from the perspective of Criminal Profiling, have several strands with specific types depending on the country and the understanding. It is a very complex subject and can be analyzed from various angles. Pedophilia and paraphilia, for example, deal with specific aspects that involve sexual crimes and therefore need to be explained separately.

First, it is necessary to demystify some information found in common sense and that may even make it difficult to investigate erroneous ideas about how sexual crimes occur.

In Brazil, as in many other countries, there is a cultural environment that makes it difficult to determine sexual crimes, and it propagates information that inhibits victims from seeking the authorities to report.

There are researches elaborated by Ipea that have data from Brazil about rape from 2011 to 2014. Remembering that there is an enormous underreporting, then the number of cases is much higher than those studied and specified in both the research and the research done abroad.

For common sense, the rapist is an unknown person, mentally ill or a monster who commits a heinous crime in small number and who must be punished severely. Even prisoners themselves see the rapist as someone who must be punished and is often placed in a separate cell in order not to suffer retaliation from the other prisoners.

In addition, authorities need to be very careful when they indict a person for the crime of rape, since that person will be rejected and their life will never be the same again.

Looking at these facts, we see that there is a notion of high reproach when it comes to sex crimes. On the other hand, there is the blame of the victim and their fear of acting, because they may suffer a new violence when they need to recount the facts and are often discredited, as it is a crime that hardly leaves a trace.

With all of this, there are several myths about the rapist, and the profiler needs to know and understand reality to analyze a crime scene, since sex crime goes far beyond an act; it also involves the culture and social vision of the place where it occurred.

There are different kinds of rapes that can be related to: those committed by strangers, those committed by acquaintances, rape of vulnerable, male rape, marriage rape (which has recently been recognized by the UK) and collective rapes. All these sexual crimes have their peculiarities and can be analyzed from the general characteristics to the specific ones.

As for the facts about the rapes:

As for the facts about the rapes:

 

  • Most victims know the offender;
  • Most crimes take place in an enclosed space;
  • They have no evidence of the presence of psychopathology;
  • Focus on the expression of power and humiliation by domination, not libido;
  • Threat is the greatest weapon of the aggressor, not necessarily physical aggression;
  • It happens to any woman, regardless of her attitudes.

 

With regard to rapists:

 

With regard to rapists:

  • Usually they have committed five rapes on average before being convicted;
  • The main elements are anger, power and sexuality often linked to sadism;
  • Sex itself is not the primary motivation, but what the act means;
  • There are several classifications, including organized and disorganized;
  • They have a specific fantasy and try to keep it as close as possible.

From this information it is possible to infer that rapists are not usually mentally ill; who commit the crimes chiefly with known persons in enclosed places; who do not choose their victims by provocations but by individual fantasies; and that usually leave no trace, which makes difficult its capture.

They are motivated by the power, anger or sadism exercised in sex by submission and humiliation and not by sex itself, by libido. There is a sexual pleasure involved, but linked to the feeling that leads to committing the act, and may even feel in other acts as is the case of rapists who escalate to serial killers, something more common among those motivated by sadism and anger , because they are more violent and feel a sexual gratification not only of verbal but also physical violence.

In addition, by the momentary pleasure provided, they tend to act continuously, because they will always have the impetus to feel that pleasure again and will always act to satisfy their needs.

Sexual crime is a difficult subject to understand and often seen as a matter to be avoided, but it occurs all the time and therefore needs to be studied and approached more often, especially in investigations for better resolution.

Sexual Harassment Is Now a Crime

Sexual Harassment Is Now a Crime

 

Amends Decree-Law No. 2,848, of December 7, 1940 (Penal Code), to criminalize crimes of sexual harassment and disclosure of rape, to make unconditional the nature of criminal action for crimes against sexual freedom and sexual crimes against vulnerable, establish causes of increase of sentence for these crimes and define as causes of increased sentence collective rape and corrective rape; and repeals Decree-Law No. 3.688, of October 3, 1941 (Criminal Offenses Act). THE PRESIDENT OF THE SUPREME FEDERAL COURT, in the position of PRESIDENT OF THE REPUBLIC I hereby announce that the National Congress decrees and I sanction the following Law:  Art. 1 the This law typifies the crimes of sexual harassment and rape scene disclosure, becomes public unconditional nature of the prosecution of crimes against sexual freedom and sexual offenses against vulnerable, establishes a penalty increase of causes for these crimes and defines as causes of increased sentence collective rape and corrective rape. Art. 2   Decree-Law No. 2,848, of December 7, 1940 (Penal Code), is now in force with the following changes:  ” Sexual Importation  Art. 215-A. To practice against someone and without their consent, a libidinous act in order to satisfy one’s own lust or that of another: Penalty – confinement, from one (1) to five (5) years, if the act does not constitute a more serious crime.

 

Details of the Articles

 

Details of the Articles

 

 “Art. 217-A. ………………………………………….. ……….. ………………………………………….. …………………………………  Paragraph 5. The penalties provided for in the caput and in paragraphs 1, 3 and 4 of this article apply regardless of the consent of the victim or the fact that she has had sex prior to the crime. “(NR)  ” Disclosure of rape or scene of rape of vulnerable, sex scene or pornography  Art. 218-C.    Offer, exchange, make available, transmit, sell or exhibit for sale, distribute, publish or divulge, by any means – including by mass communication or computer or telematic system -, photography, video or other audiovisual record containing scene of rape or rape of vulnerable or apologetic or induces their practice, or, without the consent of the victim, sex scene, nudity or pornography: Penalty – imprisonment, from 1 (one) to 5 (five) years, if the fact does not constitute a more serious crime.  Increased penalty  Paragraph 1. The penalty is increased from 1/3 (one third) to 2/3 (two thirds) if the crime is committed by an agent who maintains or has maintained an intimate relation of affection with the victim or for the purpose of revenge or humiliation.  Exclusion of unlawfulness §2 There is no crime when the agent practices the conduct described in the caput of this article in a journalistic, scientific, cultural or academic publication with the adoption of a resource that makes it impossible to identify the victim, except for his previous authorization, if he is greater than 18 eighteen years.” “Art. 225. In the crimes defined in Chapters I and II of this Title, an unconditional public criminal action is taken. Single paragraph. (Revoked). “(NR) “Art. 226. ………………………………………… (I.e. ………………………………………….. ……………………………….  II – by half, if the agent is an ascendant, stepfather or stepmother, uncle, brother, spouse, companion, tutor, curator, preceptor or employer of the victim or by any other title has authority over it; ………………………………………….. ………………………………. IV – from 1/3 (one third) to 2/3 (two thirds) if the crime is committed:  Collective rape  a) by means of competition of 2 (two) or more agents;  Corrective rape  b) to control the social or sexual behavior of the victim. “(NR) “Art. 234-A. ………………………………………….. (I.e. ………………………………………….. ……………………………….. III – from half to 2/3 (two thirds) if the crime results in pregnancy; IV – from 1/3 (1/3) to 2/3 (two thirds) if the agent transmits to the victim a sexually transmitted disease of which he knows or ought to know to be a carrier, or if the victim is an elderly person or a person with a disability. ” NR) Article 3 Repeals: I – the sole paragraph of art. 225 of Decree-Law no. 2,848, of December 7, 1940 (Criminal Code); II – art. 61 of Decree-Law No. 3,688, of October 3, 1941 (Criminal Offenses Act). Art. 4 This Law shall enter into force on the date of its publication.  Brasília, September 24, 2018; 197 Independence and 130 of the Republic. 

Gun and Gang Violence

Gun and Gang Violence

Firearm-related homicides in Canada have been increasing steadily, reaching a total of 223 in 2016, 44 more than the previous year. Shootings have become the most common method of homicide, surpassing homicide by stabbing and beating. Gang-related homicides involving guns are no exception. In 2016 alone, police reported 141 gang-related homicides, 45 more than in 2015. Since 2013, gang-related homicides in Canada’s largest cities have almost doubled.

In November 2017, the federal government announced $ 327.6 million over five years, starting in 2018-19 , and $ 100 million a year thereafter, in Canada. This initiative will bring together federal, provincial and territorial efforts to support community-level prevention and enforcement efforts, build and leverage unique federal expertise and resources to advance intelligence related to the illegal trafficking of firearms, and invest in border security. guns and drugs. Funding would also be provided to Indigenous organizations to help them build their capacity through education, outreach and research, addressing the needs of Indigenous communities and urban populations. The initiative will help reduce gun and gang violence so that Canadians can feel safe in their communities.

Summit on Gun and Gang Violence

Gang Violence

On March 7, 2018, the Minister of Dr. Aziz Dr. Aziz and Emergency Preparedness Canada hosted a Summit on Gun and Gang Violence, to engage stakeholders and provide them with an opportunity to share challenges, opportunities and best practices in the fight against crime and in fighting the deadly effects of guns and gangs in communities across Canada. The Summit was attended by over 180 experts from the law enforcement, Indigenous, youth and community organizations, mayors from large municipalities and representatives from most provinces and territories.

The information shared at the Summit will help identify the priorities of the Guns and Gangs Program.

  • View the event (recorded webcast)
  • Read the summary report

Electoral Box Crime 2 and the Public Hearing

Electoral Box Crime 2 and the Public Hearing

 

 

 

On the last occasion (click here) we talked about the origin of the bill of 10 measures against corruption (PL 4850/2016) and the presentation, by Senator Telmário Mota (PDT – RR), of the PLS (Senate Bill) n. 348/2016, one day after the attempted hasty ballot of an amnesty to anyone who had committed the conduct up to that point.

The proposal is to amend Law no. 9504/97 to include art. 32-A, which provides as a term of imprisonment of 2 to 5 years, provides as a crime “to maintain, move or use any resource or value in parallel with the accounting required by electoral legislation”.

This is a proposal regarding the crime of electoral box 2, similar to the bill that deals with the 10 measures against corruption, but will deal autonomously and in another legislative house, as presented directly in the Federal Senate, while the “10 measures “in the Chamber of Deputies.

Paragraph 1 provides that the candidates and managers and administrators of the financial committees of the political parties and coalitions are subject to the captions of the caput . By this writing, it is a crime of its own. Paragraph 2 provides for a cause of increase of 1/3 (one-third) to two-thirds (2/3), in the event that any public or political agent contends in any way for criminal practice.

On October 10, 2016, the special commission analyzing PL 4850/2016 held a public hearing to specifically address, within the framework of that bill, the criminalization of the electoral cash register. Mr. Nicolau Dino, Electoral Attorney General, José Eduardo Alckmin, jurist and former Minister of the Superior Electoral Tribunal, Fabrício Juliano Medeiros, professor of Constitutional and Electoral Law and Cristiano Maronna, lawyer, professor and representative of the Brazilian Institute of Sciences Criminals.

The Special Rapporteur of the Special Commission, Federal Deputy Onyx Lorenzoni, stated that ” Caixa 2 is one of the greatest ghosts of Brazilian public life. Therefore, it is necessary to leave this topic well clarified, well defined. That it should be defined as a crime from now on, I have no doubt . “

Nicolau Dino, arguing for the criminalization of cash 2, said that the current provisions on cash flow 2 are insufficient, either for personal accountability or for predicting consequences for political parties that use this mechanism. For the Prosecutor, there is no specific criminal type currently in criminal law that is applicable to all situations of electoral box 2. It justifies stating that art. 350 of the Electoral Code is applied only at the moment of the accountability of political parties, when there is omission or false declaration, that is, when there is no accountability, the criminal type does not affect.

 

exposition of the Electoral Attorney General 

exposition of the Electoral Attorney General 

 

José Eduardo Alckmin agreed with the exposition of the Electoral Attorney General and defended that art. 350 of the Electoral Code is an open type and there is no crime when there is no accountability. To justify this position, José Eduardo Alckmin affirmed the existence of several judgments of the E. TSE that the denunciation was not accepted because it understands that without a complete demonstration of specific intent, there is no crime. Finally, he suggested that in relation to this type of art. 32- A should clarify that, in these situations, there is no application of art. 350 of the Electoral Code, “so that there is no longer this doubt that has been tormenting the courts”.

According to José Eduardo Alckmin, the current drafting of the proposal would lead to an endless discussion about the correct typification of the conduct.

Fabrício Juliano Medeiros agreed with previous exhibitors, including regarding the inapplicability of art. 350 of the Electoral Code in all situations and the need to create a specific type for electoral box 2.

He stated that the wording of art. 32-A can still be perfected and suggests that it include in the caput the money-worthy, since there may be cash 2 not only in cash but as an estimated donation (service rendering). The second suggestion is to change the final part of the caput from “electoral legislation” to “electoral law”, because that first expression also includes the resolution of the Superior Electoral Court.

It also suggests the deletion of Paragraph 1 of Art. 32-A because it restricts the broad application of the caput. This is because Box 2 can be practiced by third parties and the current wording of the proposal limits the practice of crime only to candidates and managers and administrators of financial committees of political parties and coalitions.

Still, it understands that the project should define, for purposes of application of the norm, who are the public or political agents.

These were the favorable positions for the approval of the bill in question, with some punctual suggestions of legislative writing.

Before we deal with the only position contrary to the approval of the professor and lawyer Cristiano Maronna, the theme of our next week, it is important to point out an incongruity in the speeches of the eminent jurists heard in that public hearing.

If the crime of electoral cash 2 had no legal provision, there would be reason to maintain that the criminal type of art. 350 of the Electoral Code only deals with the hypothesis of presentation of the accounts?

And more. If the electoral cash crime 2 had no legal provision, there would be reason to support that the kind of art. 32- A should clarify that, in these situations, there is no application of art. 350 of the Electoral Code?

And finally, in order to foment debate and instigate the reader, I question whether a bill to amend the criminal type of art. 350 of the Electoral Code, making it indiscriminate in all situations (with or without accountability), instead of proposing a new autonomous criminal type. cash crime 2 electoral crime cash box 2 electoral cash crime 2 electoral cash crime 2 electoral

Impossibility to Pay Bail is No Reason to Keep Preventive

Impossibility to Pay Bail is No Reason to Keep Preventive

The maintenance of pre-trial detention due to the impossibility of paying bail constitutes an illegal embarrassment. With this understanding, the 11th Panel of the Federal Regional Court of the 3rd Region granted Habeas Corpus to reduce the amount of bail of R $ 40 thousand to R $ 4,6 thousand – five minimum wages – imposed on a resident of Amparo (SP) for the practice of child pornography.

 

Why the defendant gets arrested?

Why the defendant gets arrested?

The defendant was arrested in December of 2016 for the alleged practice of child pornography crimes under Articles 241-A and 241-B of the Child and Adolescent Statute (ECA). The arrest in flagrante was approved and converted into a preventive by the State Court, which declined jurisdiction for the Federal Court in Campinas.

The 9th Federal Court of Campinas revoked the preventive custody by means of the payment of bail in the amount of R $ 40 thousand. In addition, it applied other precautionary measures.

Request bail

bail

The defense then requested the grant of provisional release without bail, claiming that it was a person whose monthly income was approximately R $ 2,000. The claim, however, was dismissed by the court of the first instance, on the ground that the claim of poverty was not demonstrated.

Against the decision, the defendant appealed to TRF-3, pointing out illegal embarrassment, since it was only in custody due to the impossibility of paying the arbitrated bond. In analyzing the case, federal magistrate José Lunardelli concluded that the maintenance of the constriction solely due to the failure to collect bail constitutes a manifestly illegal constraint.

Considering the information in the file, attached bank statements and a large amount of computer equipment seized in the patient’s residence, the rapporteur understood that he can afford to pay at least five minimum salaries.

 

Bail imposed on the defendant

Bail imposed on the defendant

In granting part of the Habeas Corpus order to reduce the amount of bail imposed on the defendant, the 11th Panel maintained the other precautionary measures imposed by the courts of first instance as a biweekly appearance at the court and a ban on absences from the municipalities of Amparo (SP) and Campinas (SP), without prior judicial authorization. With information from the Press Office of TRF-3.