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Bail bonds Noblesville IN -What Bail Bonds Are?

What Bail Bonds Are?

As we know, there are different types of bonds in Mexico. By their type, they are divided into 5 large branches, which in turn have several specific subtypes:

The branch I Fidelity bonds: They serve to protect the assets of companies, guaranteeing the repair of the damage caused by the employee when committing a patrimonial crime against the beneficiary’s assets or for which the latter is legally responsible. The types of offense that the Fidelity Bond creates are Theft, Fraud, and Confidence Abuse.

Branch II Judicial Bonds: They guarantee the fulfillment of the obligations or responsibilities resulting from a judicial process, which may be criminal or non-criminal. The penalties serve to guarantee the freedom of the people who are subject to a criminal process in order to avoid that the convicted person on parole does not evade the action of justice. The non-criminal ones are intended to guarantee that the obligations resulting from any civil controversy where there is damage to the nation, or in matters of protection and labor trial are met.

Branch III Administrative Bonds: Its function is to ensure compliance with the obligations arising from a contract, purchase order, order or lease, these can be: Contest, Advance, Compliance, Good Quality, and Hidden Defects.

Branch IV Credit Guarantees: They serve to guarantee the payment of credit obligations authorized by law.

Branch V Escrow Funds: Process through which a person (trustor) transfers some good to another person (fiduciary).

The Bonds in Mexico play an important role in the daily lives of companies and individuals whose main purpose for ensuring compliance with obligations ensuring that processes are carried out in the manner stipulated in the contract.

Do you want to know more about bail bonds? Contact us at BondCliff :, our advisors will give you more information!

Criminal harassment

A person contacts you regularly without your agreement, or follows you everywhere and scares you? When can his behavior be considered harassment? In this article, Éducaloi describes what stalking is.

What is criminal harassment?

What is criminal harassment?

Criminal harassment is the act of behaving towards a person:

  • so as to make him fear for his safety or that of one of his acquaintances; and
  • knowing that the person feels harassed or not paying attention to the fact that they feel harassed.

Considerations for establishing criminal harassment

Considerations for establishing criminal harassment

For a situation to be considered criminal harassment, the following must be found:

1. The harasser adopts one of the following behaviors towards the victim or knowledge of the victim:

  • She repeatedly follows the victim or his acquaintance;
  • She communicates several times with the victim or his acquaintance;
  • It identifies or monitors the home, the workplace or any place where the victim or his acquaintance is, even if it happens only once;
  • She behaves in a way that is threatening to the victim or a family member, even if it happens only once.

2. The victim feels harassed ;

3. The harasser knows that the victim feels harassed by his / her behavior , or does not pay attention to the fact that the victim may feel harassed;

4. The victim fears for his safety or that of his knowledge ;

5. The fear of the victim is reasonable in the circumstances.

Sentences for a conviction for criminal harassment

Sentences for a conviction for criminal harassment

When a person is convicted of criminal harassment, they are sentenced to a maximum of 10 years imprisonment.

Seven Christians in Iran released on Bail, 26 still detained

Four women were released from the Evin prison in Tehran in the evening of January 29, and three days before, a woman and two men were released from the prison in Isfahan. Or had spent a month in prison, most of them in isolation, only because of being Christians. Of all were arrested on December 26, 2010 at the same time as 31 others.

Business letter provided as security

Bail

Sara Akhavan’s family had to renounce their nutrition letter, which means that if the authorities consider that they violated the conditions for the release, their livelihood will be lost. The nutrition letter was not enough to release Sara’s sister, Leila, who is still in the Evin prison. Ladan Nouri, Nasrin Hosseini-nia, Anahita (whose husband, Javad Zare is still in prison) are the names of other women who were released on bail. In Isfahan, Fari Nadipoor, Basir Amini and Yasaman Yar-Ahmadi were released on bail.

Requirements for in million kroner in bail

money for bail

It is reported that the families of three of the Christians, who were arrested in Mashhad in January, have been told that they will be liable for nearly one million Danish kroner in order to obtain temporary release. The experiences of the prison and during the interrogations can be very traumatic, and some Christians who harden these trials decide to seek asylum in another country. The families not only lose their loved ones to the exile, but also the leader from the economic consequences of the state swallowing the money made in bail.

Traumatized children do not know where father is

Traumatized children do not know where father is

For 34 days, the minor children of Rasool and Maryam Abdolahi have been without their parents, as they were both arrested without prior notice in the early morning of December 26, 2010. While their mother has been able to make a few phone calls, their trials are not over since both parents are still in prison, and no one has ever come to life from their father. All the other prisoners were allowed to make a few calls to their family members, except Rasool Abdolahi. Church leaders are extremely worried and pray for intense intercession for him.

26 Christians still in prison

still in prison

At least 26 Christians are still in prison, including Yousef Nadarkhani, who has been sentenced to death for Islam. Vahik and Sonia Abrahamian as well as Arash and Arezoo Kermanjani have been imprisoned in Hamadan now for almost four months. There has been great concern about Sonia’s health, which has worsened due to conditions in the prison. There is also concern for Mochtaba Keshavarz and Shahin Rostami, who have been detained in Arak for over three months, especially since Shahin is diabetic.

End up in jail in America? How the bail works

Prison in America: it is definitely recurrent in almost all American films that someone ends up in prison. And then he doesn’t have the money for the so-called “bail”. If you get nervous in New York before reacting think twice, it could cost you dearly.

The bail is used to get out of prison as soon as you commit a crime, otherwise you remain behind bars until the day of the trial !! Which may very well be even after a year! In Italy there is the famous “free foot” or for minor crimes you can remain at liberty until the day of the trial, this does not exist in America.

In Italy we are often used to seeing people in the street who are fighting “animatedly,” especially after a few too many drinks. Even in New York, as in the rest of the world. The only thing is that much less happens in NYC. Here it is certainly not a question of good manners, or simply of people who do not want to fight. In reality the motivation for this matter is much more interesting.

Going to jail in America costs. And also a lot

Going to jail in America costs. And also a lot

Many detainees, even for minor crimes, remain behind bars for weeks or years because they cannot afford to pay the amount set by the judge to be free. Judge Jonathan Lippman during his annual speech was clear, he wants to change this absurd system and make it become more human and less expensive. Lippman spoke of justice made up of pre-trials that could significantly reduce spending and the number of prisoners who remain in the cell for a long time because they have no money to pay their freedom.

Let’s better see how this bail system works. Let us be involved in a fight and the police decide to arrest us and take us to prison. The next step is to present yourself in front of the judge who will decide the amount to pay to be released and the date of the trial. If you do not have the money to pay, or a guarantor who is committed to paying, you remain in the cell until the trial date. If we discover that we are innocent, these sums are not returned. The poor, therefore, are certainly the ones who remain in prison longer waiting for a sentence, but even the rich at this point, before getting involved in even a minor crime, think twice.

Returning to the subject of fights, therefore, money could become a reason to turn away and perhaps ignore a comment or joke from someone who is perhaps a little too drunk.

The Payment of the Deposit Bond for Rent is Obligatory

 

It is legal for the landlord to demand the payment of the deposit in the rental of commercial premises or housing. The landlord can request a corresponding payment of up to two months as a deposit.

It is the obligation of the tenant to pay the deposit required by the person who rents the property as a guarantee. The landlord can not keep the deposit, it must be deposited in the bank.

The bond that is paid when renting an apartment, house or other premises, begins to earn interest after one month of deposit in the bank.

The landlord, when there are no debts on the part of the lessee, must return the deposit plus the interest earned. I am talking about the payment of the deposit bond in Spain, commenting and explaining what it says to the Urban Leasing Law.

  • 1 The payment of the deposit in Spanish rentals is an obligation
  • 2 The update of the deposit payment on rentals can be agreed upon
  • 3 Who does not pay bail for rent?
  • 4 Some notes on the bond as a guarantor of compliance with obligations

The payment of the deposit in Spanish rentals is an obligation

bail payment

The law regulates the payment of the deposit bond to give legal security to that institution but the landlord can not pocket it. The cash deposited as a rental bond must go to the bank and there earn interest.

The bond related to the rent is regulated in article 36 of the Urban Leasing Law (LAU / 94). It says that it is mandatory in addition to allowing the landlord to request the value of up to two months as bail. That is, if the rent costs 300 euros per month, you must pay up to 600 bail. Of course, the payment of the deposit may be 300 euros, but the law allows for two monthly payments.

Whether for a rental of commercial premises or housing, always be required to pay the deposit on leases, whether urban or rural, in the field. But the value of the bond can be increased or decreased after five years, never before. So the value of the rent can change from year to year but the bond can not do it until past five. However, in article 36, paragraph 2 of the aforementioned law, it is said, and I quote:

During the first five years of the contract, the deposit will not be subject to update. But each time the lease is extended, the landlord may demand that the deposit be increased, or the lessor decrease, to be equal to one or two installments of the current rent, as appropriate, at the time of the extension.

The update of the payment of the deposit bond can be agreed upon

The update of the payment of the deposit bond can be agreed upon

Anyway, the update of the deposit, when the rent passes five years agreed, will be governed by what was agreed in the rental contract, by the agreement between the parties. This is clarified in section 3 of article 36. When there is nothing agreed on the updating of the payment of the deposit bond, the agreed upon payment of rent is taken as reference.

As the bond deposited for rent must be returned in cash to the tenant once the contract is concluded the interest is included. Well yes, did not I know? If you paid a € 2000 deposit and your rent was extended for 20 years, the balance due on interest is yours. Well, even if it’s only been two months, the bond earns interest since it is deposited in the bank.

To fulfill the obligations of the tenant in rent, the tenant, additional guarantees can be agreed to the payment of the deposit in cash. Anything that is understood can be used to pay damages to the property or non-payment of rent at any given time. That the one that gives his property in rent does it to make money and must have security that will charge of a form or of another one.

Who does not pay the rent deposit?

Who does not pay the rent deposit?

The law exempts from paying the rent deposit when the tenant is one of the following:

  • Public administrations,
  • the General State Administration,
  • Administrations of the Autonomous Communities and
  • the entities that make up the Local Administration.

Autonomous bodies, public law entities and other public bodies dependent on them, do not pay the deposit when the rent has to be paid out of their respective budgets. But if the rent is not paid by the budget but with their own resources, then this must pay the deposit bond.

Some notes on the bond as a guarantor of compliance with obligations

The bnd plays a guarantee function for the fulfillment of a legal duty or an obligation. According to the dictionary of the RAE, bond is that pledge given by the contractor in safety of the good performance of its obligation. And that’s what the landlord does when he demands the payment of the deposit, this is the case of two monthly payments, as a guarantee.

By delivering or depositing an amount of money in cash is ensuring something that the creditor, the landlord, wants to insure in case of default. The bond is described and regulated the same in the Spanish Civil Code (CCE) as in the Law of Urban Leases of 1994 (LAU) for its specific use according to that provision.

The bond also obligates one to pay or fulfill by a third party, in the case of not doing it. That means that someone can assume the payment of their bond. It is the figure of the guarantor, the one that is bound in solidarity with the tenant.

Arrest and prison in the USA

How does the arrest in the USA work?

How does the arrest in the USA work?

Just because a police officer stops you on the road doesn’t mean you’ll find yourself in handcuffs at the nearest police station.

When you are stopped by the police on the right side of the road, it will usually be a matter of a few minutes. You will simply have to stay in place and carry out the orders , and soon you will be free to return home. Unless, after a long discussion, checks and calls, you are not invited to get on the car with the flashing lights … In this case there is a burning smell!

1 – Arrest

In the event of arrest, the police officer will have to explain your rights before the interrogation, the so-called rights of Miranda (Miranda Rights), which date back to 1966 following a decision by the US Supreme Court in Arizona and state how much follows:

  • An arrested person has the right to remain silent
  • Everything you say can be used against you in court
  • The arrested person has the right to be represented by a lawyer and, if he cannot afford it, the State will place a public defense lawyer at his disposal.

The police officer is responsible for ensuring that the arrested person understands these warnings and rights. Then he can ask if he has something to say.

The arrested person has every reason to assert his rights and not to answer questions from the police , except, of course, for his identity, age and address. The police must stop asking questions when a person appeals to his rights.

 

Instructions to appear in court

appear in court

In the event that a person is suspected of having committed a minor offense , an order may be issued to appear in court (the so-called Notice to Appear in Court) on a certain date, instead of being arrested.

 

However, this does not apply if:

  • The person who refuses to provide his identification data to the police officer
  • The police officer has reason to believe that leaving the person at liberty can be risky for herself or for others
  • The person has no ties with the American community,
  • The police officer suspects that the wanted person has committed other crimes
  • It appears that the person has already refused to appear in court or failed to comply with the terms for his release pending trial in another case.

2 – Incarceration

The incarceration process takes place at the police station by an officer.

The police officer will examine the facts to determine again whether a notice to appear in court is more appropriate.

In particular, the factors that will be taken into consideration are:

  • The residence of the person and his life within the American community
  • The family ties of the person in the American community
  • His work and his previous occupations
  • His mental condition
  • Your criminal records
  • His previous convictions and court appearances

The person can be examined. Once again, he will have the right to remain silent until his lawyer arrives, appealing to his rights (Miranda Rights) at the time of arrest.
The police can search it, as well as take fingerprints and take pictures of it. Only after these formalities will the person arrested be locked up in the cell.

3 – Release and deposit

3 - Release and deposit

The rule is that the detained person must appear before a judge within 24 hours of his arrest (First Appearance).

During this hearing, the judge sets the charges and determines whether the police have a valid reason to justify arresting the person. In this case, the judge can ask the person if he wishes to be represented by a lawyer or if, in the case of lack of resources, he prefers to make use of a public defense lawyer.

Furthermore, again on this occasion, the judge determines whether the prisoner can be released in exchange for a deposit .

But it is important to know that, in the United States, this does not happen in all cases. Indeed, it is not possible for serious crimes, which even include life imprisonment or the death penalty.

Once the deposit is established, the person can contact a family member or a private company to obtain a loan in order to arrange the payment of the deposit.
In determining the amount, the judge must ensure that the accused is present in court , as expected.

If the judge determines that it is not a serious crime and has the certainty that the accused will appear in court anyway, as requested (or a person will guarantee his appearance in court) the judge also has the possibility to release the accused without bail. In this case, we talk about Release on Your Own Recognition (ROR), ie release based on a guarantee given by the promise made to the court.

4 – The DUI (Driving while intoxicated)

4 - The DUI (Driving while intoxicated)

If you started driving after drinking too much on Friday night, here are the consequences!

The police do not usually stop motorists at random on the road, but only if they have a reason to suspect that the driver is drunk or for any traffic offense .
And so, what can only be a small infraction can turn into a much more serious crime.

The DUI (drink driving) is established:

  • With a breathalyzer
  • With the analysis of urine or blood performed at a later time
  • Proving that the driver’s physical abilities were compromised with a sobriety test

The Sobriety Test

The police will ask the driver to perform a series of physical exercises , especially balance, which could betray his condition. The person may refuse to take this test. Moreover, always on this occasion, the alcohol test will be performed with the breathalyzer.

The consequences of DUI

License suspension : refusal to undergo alcohol testing (or urine or blood test), or the fact that it is later determined that the alcohol level in the driver’s blood was 0.08gr / 100ml or more, leads to a suspension of the driving license for a period of 6 to 18 months. The interested party can contest the decision within 10 days before the declaration of suspension by the Department of Road Safety and motor vehicles (Department of Highway Safety and Motor Vehicles).

Arrest : If the police have sufficient evidence that the driver was drunk, during the arrest he will mention I Miranda Rights. The person will be taken to the police station for an alcohol test or, in the case of an accident with injuries, can be taken to the hospital, where blood tests will be performed. In some counties, the arrest process for a DUI is videotaped and the defendant is entitled to a copy of this video.

Rights of the accused during a criminal trial

Declaring a person guilty of a crime should not be taken lightly. This is why the law recognizes the accused’s fundamental rights that must be respected until the judge (or jury) renders his decision.

 

To be presumed innocent

 To be presumed innocent

In Canada, a person accused of committing a crime is presumed innocent until proven guilty by a judge or jury. This is called the “presumption of innocence”.

The presumption of innocence is one of the most important rights in our criminal justice system.

This right means several things:

  • The accused does not have to prove that he is innocent . It is up to a lawyer who represents the government during the trial, appointed the Criminal and Penal Prosecutor (formerly called “Crown Attorney”) who must prove and convince the judge or jury that the accused committed the crime .
  • Counsel for the prosecution must prove “beyond a reasonable doubt” that the accused is guilty . At the end of the trial, if the evidence presented by the prosecuting attorney is not sufficient or if the judge or jury still has a reasonable doubt about the accused’s guilt, the accused must be declared a non guilty (it is said that the accused is acquitted).
  • The judge and the jury must be impartial . This means that they must not be prejudiced against the accused during criminal proceedings. For example, a judge could not take part in a trial where the victim is a member of his family.

 

Be informed of the evidence that exists

The accused has the right to defend himself against the crime with which he is charged. In order to prepare and defend adequately at trial, the accused has the right to know all the evidence that the prosecutor’s attorney has accumulated against him.

Counsel for the prosecution must therefore disclose all available evidence to the accused prior to the trial , including the names of the witnesses who will testify.

The time of trial is the prosecuting attorney who first presents the evidence against the accused to the judge, including the examination of his own witnesses. The accused, or his lawyer, may also cross-examine the prosecution witnesses.

Then the accused, with or without the help of a lawyer, will be able to defend himself against the prosecution’s charges. He can testify before the judge, present evidence or question his own witnesses. The accused may, however, choose to remain silent and not to testify for his defense.

 

Keep quiet

 Keep quiet

The accused has the right to remain silent at all stages of the judicial process, from arrest by the police to the end of his trial.

The accused is not obliged to testify for his defense during his trial . He can simply be silent.

The prosecution’s lawyer can not force an accused to testify. This rule exists inter alia because the accused is presumed innocent until proven guilty, and he is not obliged to harm himself by testifying against himself.

As a general rule, if the accused decides to remain silent, the judge and jury should not interpret that choice as evidence of his guilt. In Canada, a person is considered innocent until proven guilty by a judge. The prosecution must prove its guilt “beyond a reasonable doubt”.

Despite his right to remain silent, the accused may voluntarily decide to testify for his defense. The accused then agrees to be questioned by his own lawyer and then by the prosecution’s lawyer. On the other hand, certain rules regulate the questions that may be asked by the prosecution’s lawyer.

 

To be represented by a lawyer

 To be represented by a lawyer

A person has the right to speak to a lawyer at the time of arrest.

This right to counsel exists throughout criminal proceedings. The accused may be represented by a lawyer during his trial to assist him in his defense.

In principle, the accused pays the expenses of his lawyer himself. On the other hand, the accused with low income may be eligible for government legal aid. In some other rarer cases, the judge may also order that the accused obtain the services of a lawyer free of charge – for example, if the accused is not eligible for legal aid and the judge believes that help from a lawyer is essential for holding a fair trial.

Despite his right to be represented by a lawyer, a person may choose to defend himself alone.

If the defendant defends himself alone, the judge can offer him a minimum of assistance to ensure a fair and equitable trial – for example by briefly explaining the stages of the trial. If necessary, the judge may require that the accused be assisted by a lawyer to ensure the smooth running of the trial.

 

Understand what is happening at the trial

 Understand what is happening at the trial

Choice of language: French or English

A criminal trial is conducted in French, in English or sometimes in both languages. An accused may request that his trial be conducted in the official language of his choice.

When the accused appears before a judge for the first time, the judge must inform him of his right to choose the language of the trial and indicate the time within which he must make the request. In general, the request will have to be made by the accused before the trial.

For example, if the accused chooses English as the language of the trial:

  • the prosecuting attorney, the judge and the jury must understand English and speak it during the trial.
  • the accused and his / her lawyer can address the judge and jury in English.
  • some documents in French can be translated into English.
  • the judge’s decision (the judgment) must be available in English.

The services of an interpreter

The Canadian Charter of Rights and Freedoms and the Criminal Code specifically provide that the government must sometimes provide and pay for the services of an interpreter during the trial if:

  • the accused does not speak French or English; or
  • a witness does not speak the language of the accused.

 

For the accused

When the accused’s mother tongue is not English or French, he may request that the trial be conducted in the official language with which he is most comfortable.

If the accused has difficulty understanding and speaking both languages ​​or is deaf, he or she is entitled to the free services of an interpreter. It allows him to testify in his own language and to understand what is happening during the trial.

 

For a witness

A witness may testify in French or in English, regardless of the language chosen by the accused.

If a person testifies in a language other than that of the accused, the accused or his or her lawyer may request the services of an interpreter to understand the evidence.

 

Special measures to facilitate testimony

There are other legal measures that allow the witness (and the accused when testifying) to be under 18 years of age or to have a physical or mental disability (also known as a “developmental disability”).

 

See also our video Language rights in the courts

 

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