The forms of bail bonds in Las Vegas
With the advent of Law 12,403 / 11, the use of the bail institute within our legal system was significantly increased. As a result of this legislative innovation, which amended the Code of Criminal Procedure in the part dealing with prisons and various precautionary measures, infractions whose maximum sentences summarized in abstract do not exceed 04 years are subject to provisional release by means of bail in the policy sphere.
In this context, common crimes such as simple theft, receiving, intoxication behind the wheel, etc., are assured by the police officer himself, which undoubtedly reflects in the decarburization policy now so fostered by the implementation of custody hearings. However, situations in which the police authority establishes bail amounts are not uncommon, but the inmate is not in a position to pay.
It is at this point that an interesting question arises and little touched upon by doctrine. We refer to cases where the magistrate when analyzing the indictment in flagrante, grants provisional release on bail for the benefit of the prisoner, but the prisoner fails to pay it. In these situations, the question arises: what is the title of this prison?
This, then, is not autonomous and can not justify the maintenance of segregation, which is only based on its conversion into pre-trial detention, otherwise, its freedom must be restored through a different precautionary measure.
Having said that, we have stated that the approach to this question must be divided into two aspects, if not yet. If the inmate fails to pay the bail because he does not have the financial conditions to do so, it will be up to the judge to reduce the amount of this injunction or even to waive it under the terms of article 325 , paragraph 1 , items I and II of the CPP.
On the other hand, if the inmate fails to pay the bail even if the financial conditions for it are fulfilled, it will be for the judge, as the case may be, to substitute this precautionary measure for another one of the prison or to decree the preventive measure by virtue of the previous noncompliance with the measure decreed, as expressed in article 312 , sole paragraph , with article 282 , §§ 4 and 6 , of the CPP .
Things that are property, such as homes, cars, money, stocks, etc., are often required by bondsmen for collateral because they will sell those items to pay off the rest of the bail amount if the defendant does not show up at court. click here now to learn more about bail and bail bonds.
In this context, it is not possible that the arrest in flagrante will last for one or two months awaiting the payment of the fixed bail. It should be borne in mind that in these cases the provisional release granted to the inmate is conditional on the payment of the bail. Thus, if this condition is not met within a reasonable time, the restriction of freedom will only be justified with the enactment of preventive custody.
Taking an analogy with article 322 , sole paragraph , of the CPP , we understand that the incarcerated in flagrante would have the term of up to 48 hours to pay the guarantee, otherwise, the judge would be authorized to replace it with another precautionary measure or even to convert the flagrant pre-trial detention, as already mentioned. In such situations, therefore, the actual red-handed arrest would exceptionally be the basis for the restriction of the detainee’s freedom. Consequently, it’s maximum duration, which normally is 24 hours, would last for up to 72 hours.
In any case, it should be clear that the decision taken by the judicial authority at the time of the examination of the arrest warrant in flagrante must always be justified, which is absolutely in accordance with Article 93, paragraph IX, of the Constitution of the Republic.