Understanding Bail and Bond Options in Attempted Murder Cases
Can someone detained for attempted murder file for bail?
Yes, a person accused of attempted murder can file for bail. The right to bail is guaranteed by the Philippine Constitution, except in cases where the penalty imposed by law is reclusion perpetua, life imprisonment, or death when the evidence of guilt is strong.
What are the types of bail we can explore, given the financial constraints of the defendant's family?
Given the financial challenges faced by the defendant's family, there are several options to explore for securing temporary liberty:
Cash Bond – This involves depositing the full amount of the bail in cash. Since the family expressed inability to afford this, we can explore other options.
Surety Bond – This involves a bond company guaranteeing that the defendant will attend all court dates. It might be less financially burdensome as it often requires only a percentage of the total bail amount to be paid upfront.
Property Bond – If the family owns any real property, they might consider a property bond where the property is pledged as security for the bond.
Recognizance – In some cases, the court might release the defendant on their recognizance, essentially releasing them on their word that they will attend all court hearings.
What are the steps we should take to secure a surety bond for the defendant?
To secure a surety bond, you would typically undertake the following steps:
Find a Bond Company – Find a bond company accredited by the Supreme Court or the Department of Justice.
Prepare Necessary Documents – Prepare all necessary documents, including identification papers, information about the case, and details about the defendant’s financial capacity.
Payment – Arrange for the payment of the premium, which is a percentage of the total bail amount.
Can we argue for a reduction of the bail amount, considering that the family cannot afford it?
Yes, the defendant’s lawyer can file a petition in court to request a reduction of the bail amount, illustrating the financial incapacity of the family and arguing that the case should have been classified under a lesser offense such as physical injuries which potentially has a lower bail amount attached to it.
Can we request a re-evaluation of the case given that it seems to be a case of physical injury rather than attempted murder?
Yes, the defendant’s lawyer can challenge the classification of the offense as attempted murder. It can be argued that based on the circumstances surrounding the incident, the case should be re-evaluated as one involving physical injuries rather than attempted murder.
Conclusion
Facing a situation where a loved one is detained can be very distressing. It is crucial to explore all available options to secure the defendant's temporary liberty through bail. It is recommended to consult with a lawyer to help guide you through the process of securing a bond and to possibly request a re-evaluation of the case classification. Moreover, the lawyer can also facilitate the motion for bail reduction by substantiating the financial incapacity of the family. While navigating this complex situation, it is vital to liaise closely with a legal expert to ensure the best possible outcome. Remember to maintain hope and to explore all legal avenues available to assist your relative. God bless!