Types of Bail Bonds
In the great majority of the countries of the world, legal systems include certain economic measures that are applied against persons subjected to a judicial process in which they are accused of having committed a crime, be it criminal or administrative.
The payment of bonds is a widely used way so that the defendant can be tried in freedom or even enjoy conditional freedom, but the question that many are asked is how to recover the money of bail when the judicial process finishes or is annulled.
In many cases, judges may order the temporary imprisonment of a person while the investigation is being conducted against them, mainly when there is a risk of flight or that they evade their responsibility or may try to evade the action of the investigative bodies.
In Mexico and many others that share a similar judicial structure, the payment of an economic bond can be granted in court in exchange for being able to be tried in freedom.
Bail can also be requested at the request of those affected who fear that the accused flee without paying any financial commitment and want to secure the payment of their losses.
In fact, the amount of the bond is set in such a way that the criminal or administrative prosecution feels obliged to respect the judge’s orders, including not leaving the city or the country, on pain of losing this money or property given in guarantee and be sent to prison immediately.
In countries such as Mexico, bail is a mechanism widely used in the justice system and is divided into two types, judicial bonds, and criminal bonds.
In addition, the defendant can pay directly to the court if he has sufficient financial means, or through a company specialized in the financing of bonds, or the mighty https://www.bondcliff.net/ bail bondsman.
If for some personal or family reason you assumed to be someone else’s bailor, you may be asked how to recover the money from a bond and when you can demand this reimbursement.
The answer depends on several conditions that we will explain in this article and that affect the time of the return of your money or even, that it does not return to your hands.
What is a judicial bond?
The judicial bonds are those that are granted as a result of a trial and are required by a judge to one or all the parties in case they are in litigation in order to guarantee the judicial procedure.
These are divided into several types, such as:
- Judicial bail in commercial matters. It serves to guarantee the payment of possible damages and losses caused by the breach of clauses in a commercial contract.
- Judicial bond in family matters. It is also known as maintenance bail of alimony and is required when there is a voluntary divorce to guarantee the payment of food, clothing, and housing, health and education to the ex-spouse and the minor children.
- Executors’ bond. Those who are appointed as executors in an inheritance case must present a bond in the following 3 months that guarantees that they will manage the economic resources in an appropriate manner. This bond is calculated based on the income or benefits that the managed goods generate during a year or their value in the market and profitability for 5 years in the case of productive units such as cattle ranches, etc.
- Bond for guardianship. The Mexican civil code establishes this type of bond to guarantee good performance in the performance of those who must protect minors or adults who have some type of illness or physical or mental disability.
What is a criminal bail?
These types of bonds are linked to cases of criminal offenses and are divided into three types:
- Criminal bail of provisional freedom. It is stipulated in Article 20 of the Mexican Constitution and can be granted as long as the crime committed does not imply a penalty of more than 5 years in prison. The bond will be maintained until there is a definitive sentence and seeks to ensure that the defendant does not evade justice, cover the repair of damage to third parties and possible fines generated.
- Conditional sentence bail. It applies to people sentenced to less than 2 years in prison who are well behaved and deserve a conditional release benefit. Its validity is 3 and a half years and seeks to ensure that the defendant does not evade justice and is accompanied by demands such as not changing addresses, not drinking or using drugs, not committing new crimes and repairing damages caused to third parties.
- Bail of preparatory freedom. It is granted to inmates who have served in prison three-fifths of their sentence if it is an intentional crime, or half of it in case it is an imprudent crime. The amount of the bond must cover the repair of the damage to third parties and guarantee that the defendant does not evade the action of justice when required.
How to know if my money will be returned to me?
If the person to whom the bond was imposed is accused of a crime, this money temporarily passes to the court as a way to ensure partial or total payment of the costs generated by the justice process.
This means that the bond is returned only if the person is removed from the charges or if the judicial process ends with a verdict of innocence in his favor.
In addition, you must consult the court the exact date of the closing of the case, that is, the date of the hearing in which the acquittal will be pronounced against the defendant or even if there was a withdrawal of the charges against you. accusing party.
This way you can know when you can start the process to demand the refund of your money.
In the rest of the cases, to know how long you should wait for the return of the deposit money, you must take into account other factors.
Conditions that affect the reimbursement of a deposit
The first factor to consider is what was the payment method you used as a surety. In Mexico there are two options when it comes to paying the deposit, starting with the most traditional one, which is to pay it directly in the bank’s bank account or in the administrative box office that it has.
The second way to pay a bond in Mexico is through a surety agent, which is a company or financial company that is responsible for taking the total amount of the bond in exchange for a percentage of 10 to 20 percent of the amount Of the same.
A surety agent is a valuable resource when the defendant does not have sufficient financial means to pay immediately. The surety agent then makes a payment agreement with the defendant or with the guarantor that he designates.
Secondly, you should know the status of the legal process against the accused. To be able to recover the money from a bond is a mandatory condition that the person you are helping is acquitted or the charges against you are withdrawn.
This means that if you are found guilty, this money will go to cover the expenses of the court and therefore you will not be able to recover it.
Assuming there was acquittal or acquittal, or the charges were dropped and you also paid the bail directly to the court, you will receive a full refund for the amount you paid within 15 days to six weeks.
In the case of very long processes, you must see what is the bail expiration time, because according to the cause for which it was imposed some expire at 30 days while others have a duration of 3 months to 1 year, especially in the case of those related to issues of inheritance, management of third-party property, etc.
In any case, the return of this money will be done through a check, so it is important that you update your personal information and address before the court to avoid errors in its preparation and subsequent collection in cash.
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It should be noted that the bonds for food allowance are the ones that are reimbursed more quickly since they do not exceed 24 hours after the fulfillment of the obligation by the ex-spouse.
You should bear in mind that if more than six weeks pass from the start of the refund process and the check has not been processed, you should contact the court to find out if there is a problem.
In the event that you have paid the bail through a surety agent, we regret to tell you that you may not receive any refund.
This is because, as a rule, these agents will only ask you to pay 10 to 20 percent of the total amount of the bail demanded by the judge, which is the agent’s fee and which is not reimbursable. Therefore, you will not receive back what you paid.