Discount Bail Bonds -Modafinilovernight.Com http://modafinilovernight.com Mon, 13 May 2019 08:12:20 +0000 en-US hourly 1 https://wordpress.org/?v=5.1.1 Ron Florio Bail Bonds -What Are Bail And Bondsman? http://modafinilovernight.com/ron-florio-bail-bonds-what-are-bail-and-bondsman/ Mon, 13 May 2019 07:39:34 +0000 http://modafinilovernight.com/ron-florio-bail-bonds-what-are-bail-and-bondsman/ It is not always easy to understand the process of bail. We are here to answer all your questions about bail. If you do not find the answer to your question, please do not delay in contacting us, url here. What are bail and bondsman? A bail is a contract between the court and a bail agent who indicates that the agent will make sure that the defendant appears in front of the court for all of their required hearings or will pay the full bail amount to the court. If an individual is arrested and a bail has been established by the court, the individual can secure his release while the case is pending by putting cash or property, equal to the full bail amount, as collateral in court. Once the case has been concluded in court, your guarantee will be returned to the depositor. If an individual does not have…

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It is not always easy to understand the process of bail. We are here to answer all your questions about bail. If you do not find the answer to your question, please do not delay in contacting us, url here.

What are bail and bondsman?

A bail is a contract between the court and a bail agent who indicates that the agent will make sure that the defendant appears in front of the court for all of their required hearings or will pay the full bail amount to the court.

If an individual is arrested and a bail has been established by the court, the individual can secure his release while the case is pending by putting cash or property, equal to the full bail amount, as collateral in court. Once the case has been concluded in court, your guarantee will be returned to the depositor.

If an individual does not have enough money or property to cover the full bail amount, you can use the services of a bail agent or “bondsman” through Beck. The agent undertakes to ensure the freedom of the arrested individual in exchange for a fee of 8-10% of the total amount of the bond. The arrested individual is also required to provide a cosigner who will take full responsibility for the full bail.

When the fee has been negotiated and a cosigner has taken responsibility for the full bond, the bail agent delivers the bail to the jail and the arrested individual is released.

How long is the bail process?

In most cases, the bail process is timely and efficient. The bail agent will ask a series of questions to the person who communicates with the agent over the phone to rate bail. When the qualification process has been completed, the agent makes preparations with that individual to visit the branch and complete the process. The bond is given to the jail and the individual is released.

The time between the first call to the bail agency and the release of the arrested individual is between 30 minutes and six hours. The main delay is the time it takes the prison to prosecute the individual for release after the bond has been released to the jail. Beck can not accelerate the release of the detainee once bail has been released to the jail.

Can I start the bail process by phone?

If a loved one or friend is in jail, you can expedite the process of your release by calling your local Beck branch immediately. An agent will be available to assist you and begin the process to free your friend or loved one now. Even the agent can pre-approve and deliver your bail to the jail before you arrive at the branch.

Do I need collateral or a guarantee?

Although some bonds require that the detained individual or co-signer make collateral or collateral, several bonds can be made with only one guarantee signature.

How long will it take for the arrested individual to get out of jail?

Depending on jail release times, the bail process usually lasts between 30 minutes and six hours. The bail agent has no control over the release of the detained individual after the bail has been delivered to jail. In some cases, the detainee’s release may be delayed by the high number of other detainees who are also in the process of release.

Will my money be returned when the case is closed?

The fee charged for bail is not refundable after the detainee is released from jail. The fees are also not reimbursable regardless of whether the court files formal charges against the arrested individual. If for some reason, the jail does not release the detainee after the bail has been paid, all the money is returned to the individual who delivered it to the agency.

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PRE-TRIAL DETENTION: EVERYTHING YOU NEED TO KNOW! http://modafinilovernight.com/pre-trial-detention-everything-you-need-to-know/ Mon, 13 May 2019 07:37:23 +0000 http://modafinilovernight.com/?p=716 According to the constitutional precepts, a person must be considered innocent until his or her conviction, that is, until the final sentence of his sentence is passed – so when the decision can no longer be appealed. As a rule, a person could not be arrested before this time, however, there are three types of arrest that can exceptionally happen to the rule: arrest in the act, temporary arrest and custody . And it is about pre-trial detention that the we will explain to you. WHAT IS PRE-TRIAL DETENTION? Pretrial detention is used as an instrument of the judge in a police investigation or in criminal proceedings , that is, it is a procedural instrument . It can be used before the conviction of the defendant in criminal or criminal action and even be ordered by the judge. In both cases, the arrest must follow the legal requirements to be…

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According to the constitutional precepts, a person must be considered innocent until his or her conviction, that is, until the final sentence of his sentence is passed – so when the decision can no longer be appealed. As a rule, a person could not be arrested before this time, however, there are three types of arrest that can exceptionally happen to the rule: arrest in the act, temporary arrest and custody . And it is about pre-trial detention that the we will explain to you.

WHAT IS PRE-TRIAL DETENTION?

WHAT IS PRE-TRIAL DETENTION?

Pretrial detention is used as an instrument of the judge in a police investigation or in criminal proceedings , that is, it is a procedural instrument . It can be used before the conviction of the defendant in criminal or criminal action and even be ordered by the judge. In both cases, the arrest must follow the legal requirements to be applied, regulated by Article 312 of the Code of Criminal Procedure.

HOW CAN IT BE APPLIED?

HOW CAN IT BE APPLIED?

To be applied in a police investigation, it must be requested by the Public Prosecutor’s Office or by representation of police authority. When requested within a criminal criminal action, it may be requested by the Public Prosecution Service. When the criminal action is from the private area, as in cases of crimes against honor, the preventive detention may also be requested by the plaintiff  – who is the one who rendered the complaint for criminal action, the “offended.”

Preventive detention may be ordered, according to article 313 of the Code of Criminal Procedure, in the case of:

  • unreliable crimes – those for which there is no possibility of payment of bail or provisional release, ie the accused must remain imprisoned until his or her trial. The following are considered inviolable crimes in Brazil (Constitution, article 5, items XLIII and XLIV): racism, torture, drug trafficking, terrorism, action by armed groups against constitutional order and the rule of law, heinous crimes – types of crimes crimes considered most repugnant to the State, in which there is clear cruelty, such as homicide, rape, robbery, among others ;
  • in bailable crimes – when the evidence against the defendant are sufficient for this or when there are doubts about their identity and there are not enough elements to clear it;
  • in intentional crimes.  Although they can be prosecuted, pre-trial detention can be applied when the defendant has been convicted of a crime of the same nature, in a final judgment – that is, of which there is no more remedy;
  • if the crime involves domestic and family violence against the woman, child, adolescent, elderly, sick person or person with disabilities, to ensure the implementation of urgent protective measures.

Pretrial detention, as required, may be revoked if in the course of the proceedings the judge finds that it is no longer necessary or may be enacted more than once if there are reasons to do so. The conditions for pre-trial detention should be:

1. Guarantee public order and the economic order  – in short, prevent the defendant, loose, continue to commit crimes against these orders, causing irreversible damage to society;

2. Convenience of criminal instruction  – prevent the defendant from acting in a way that disrupts the process or investigation, such as threatening potential witnesses, destroying evidence, etc .;

3. Ensure application of criminal law  – this requirement is what most has to do with the very name of the prison, since it is the prevention of the defendant not running away or that Justice is in any way unable to apply the sentence that was given to him.

IS THERE AN APPEAL FOR PRE-TRIAL DETENTION?

IS THERE AN APPEAL FOR PRE-TRIAL DETENTION?

There is no exclusive appeal against the decision ordering pre-trial detention. The possible way out to  avoid it is by asking for a Habeas Corpus . Habeas corpus is an action foreseen in the Constitution , in this case inserted in a criminal procedure. It is a measure aimed at protecting a person from the restriction of his right to come and go or who asks to stop the violence or coercion that may be suffering.

The defendant’s lawyer may request the revocation of the preventive detention in the case file, attaching the documentation he deems necessary for his argument that pre-trial detention should not happen. In the petition, the professional also usually refers to case-law – similar cases in which the judge had a decision favorable to him – in order to support his thesis that pre-trial detention would be irregular.

WHAT SHOULD EVIDENCE BE FOR THE ARREST TO TAKE PLACE?

WHAT SHOULD EVIDENCE BE FOR THE ARREST TO TAKE PLACE?

Two principles necessary for the arrest to be carried out: material proof that gives certainty about the existence of the crime and its authorship . Although there is no need for absolute proof of the commission of the offense , the evidence must support the authorship of the crime and the likelihood of the person being indicted for it. There is, however, the idea that the same certainty for pre-trial detention as that for condemnation is not necessary – the rule of “if in doubt, acquittal” in pre-trial detention as well as condemnation is not so fervently valid. However, there are some excesses reported by the legal area. In addition, some interpretations of the legislation governing such prisons are considered arbitrary.

WHAT ARE THE REASONS WHY PRE-TRIAL DETENTION CAN BE CONSIDERED ABUSIVE?

WHAT ARE THE REASONS WHY PRE-TRIAL DETENTION CAN BE CONSIDERED ABUSIVE?

There are theses that support the appeal that prisons can have, especially by civil society. Imagine the scenario: the president of the City Council of your city is guilty of criminal prosecution and there is a possibility that he may be arrested preventively. It is quite probable that there are favorable movements for this to happen, because of the sense that this will do justice.

However, there are cases where, because of the social outcry calling for an action by Justice or by pressing a judge to act, what decisions are made in the wrong way. This also occurs in the case of probation , in which there are not always the evidence or basic evidence necessary for it to occur.

Pretrial detention should be an exceptional measure, many lawyers say throughout the country. This is the most widespread idea among legal operators. In many cases, however, it ends up being trivialized by justice, in the sense of being used without the sieves, criteria and premises necessary for it to occur.

In these cases, what can be called judicial activism , which is the idea of ​​intense action, of greater influence, of Justice in the concretization and defense of constitutional values. This sometimes occurs in the defense of fundamental constitutional rights , such as the right of a person to receive medicine from the SUS, or a child to go to school. More than that, it is the true role of courts in deciding on facts and forming precedents of jurisprudence – that is, giving a new interpretation to a case. In certain situations, such decisions are anticipated by the law itself. When it comes to preventive prisons, establishing jurisprudence can means to go over the right of presumption of innocence on which our Constitution is based.

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I NEED A BAIL OR GUARANTEE http://modafinilovernight.com/i-need-a-bail-or-guarantee/ Tue, 07 May 2019 07:32:11 +0000 http://modafinilovernight.com/?p=706 In order to be able to carry out a profession, obtain a permit or to enjoy a deferred payment, it is sometimes required by law that you provide a guarantee or bail, often in favor of a government agency. This guarantee or bail the counterparty that you are meeting your legal obligations. If you then fail to do so, your counterparty may demand compensation under the bail or guarantee. Guarantees or bail Typical statutory guarantees are customs and excise guarantees, permit guarantees (eg transport or broker licenses), timber guarantees, environmental guarantees and EU regulatory guarantees (eg agri-food guarantees). To guarantee that you meet your contractual obligations, your contractual counterparty may request a guarantee or bail. The guarantee assures the counterparty that you will perform the contract properly and on time. If you do not, your contractual counterparty may claim compensation. Guarantees are often requested, for example, to ensure the construction…

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In order to be able to carry out a profession, obtain a permit or to enjoy a deferred payment, it is sometimes required by law that you provide a guarantee or bail, often in favor of a government agency. This guarantee or bail the counterparty that you are meeting your legal obligations. If you then fail to do so, your counterparty may demand compensation under the bail or guarantee.

Guarantees or bail

Guarantee or bail

Typical statutory guarantees are customs and excise guarantees, permit guarantees (eg transport or broker licenses), timber guarantees, environmental guarantees and EU regulatory guarantees (eg agri-food guarantees).

To guarantee that you meet your contractual obligations, your contractual counterparty may request a guarantee or bail. The guarantee assures the counterparty that you will perform the contract properly and on time. If you do not, your contractual counterparty may claim compensation. Guarantees are often requested, for example, to ensure the construction or maintenance of a building, with the delivery of machines or for international transactions.

Crendido issues many types of contractual guarantees: registration guarantees, implementation guarantees, warranty bonds, prepayment guarantees, maintenance guarantees and supplier guarantees.

A guarantee contract with Crendido also has several advantages:

advantages
  • Crendido can issue your bail or guarantee quickly.
  • The bail will benefit both your liquidity and your bank lines: you do not have to block your own funds and the bail will ease the use of your credit facility. This leaves more money to expand your activities.

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The Law, Review, and Information of White Collar Crime http://modafinilovernight.com/the-law-review-and-information-of-white-collar-crime/ Tue, 23 Apr 2019 07:35:49 +0000 http://modafinilovernight.com/?p=713 From the beginning of the historical records, the crime has been committed by members of all the different segments of society. This includes people well in respected and powerful professions. However, it was not until 1939 that the term white collar crime was officially coined to refer to crimes committed by professionals or government employees in the course of their work. What is a White Collar Crime? There are different definitions of white collar crime. Many experts agree that the term white collar crime describes non-violent crimes committed by business or government employees. Some definitions demand that the alleged offender be found in the middle or upper socioeconomic classes, in order for a crime to be considered a white-collar crime. These definitions come from different schools that study crime and from government agencies that investigate crimes. However, there is nothing in the federal or state law that defines a white…

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From the beginning of the historical records, the crime has been committed by members of all the different segments of society. This includes people well in respected and powerful professions. However, it was not until 1939 that the term white collar crime was officially coined to refer to crimes committed by professionals or government employees in the course of their work.

What is a White Collar Crime?

What is a White Collar Crime?

There are different definitions of white collar crime. Many experts agree that the term white collar crime describes non-violent crimes committed by business or government employees. Some definitions demand that the alleged offender be found in the middle or upper socioeconomic classes, in order for a crime to be considered a white-collar crime. These definitions come from different schools that study crime and from government agencies that investigate crimes. However, there is nothing in the federal or state law that defines a white collar crime.

State and federal laws refer to specific criminal activities. Some common examples of crimes referred to by law enforcement officials as white collar crimes include: embezzlement, health care fraud, securities fraud, insurance fraud, bankruptcy fraud and crimes against the environment.

How is the White Collar Crime Investigated?

 How is the White Collar Crime Investigated?

If the alleged crime is a matter of federal law, then the FBI will investigate it. The FBI has, in writing, a strategic goal to reduce the amount of white collar crime by actively investigating this class of crime.
If a person’s actions allegedly violate state law, then it is likely that the state police and the district attorney’s office are the ones investigating that crime.

How are White Collar Crimes punished?

 How are White Collar Crimes punished?

Some argue that white-collar crime is not vigorously enforced in the United States. They argue that investigators, lawyers and judges are less willing to impose the full weight of the law on those who are considered like themselves and who have not committed a violent crime.

That argument may be accurate and may be based partly on the fact that potential sentences for white collar crimes are lower than in most violent crimes. Potential sentences are lower because no one gets hurt since many white-collar criminals are hurt for the first time and there is no risk of recidivism.

However, some white-collar criminals have developed and executed elaborate schemes that have resulted in the theft of large amounts of money. These offenders may have violated more than one law and will probably be treated more harshly than another class of white-collar criminals.

It is important to remember that there is no such thing as a crime without a victim. Many experts agree that white collar crimes are not violent, but that does not mean that there are no victims in their commission. Every time a doctor overbills Medicare for procedures that were not performed or that a stock broker embarks on the illegal practice of selling or buying stock on the stock market with privileged information, members of the public are financially affected. As a result, the government actively investigates and persecutes those who commit these and other types of white collar crimes.

Speak Today with a White Collar Crime Qualified Lawyer

lawyer

This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified white collar crime attorney can address your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified white collar crime lawyer near you to discuss your specific legal situation.

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Defending A Criminal Charge http://modafinilovernight.com/defending-a-criminal-charge/ Mon, 15 Apr 2019 07:31:22 +0000 http://modafinilovernight.com/?p=703 Each case is different, but here we present some of the most common defenses against a criminal charge. In order to convict him of a criminal charge, the prosecutor must prove his guilt beyond any reasonable doubt. This is a fairly high standard, and during any trial, the defendant can present a defense in order to raise a reasonable doubt. Most defenses integrate one of two categories: I did not do it or I did it, but I should not be held responsible. If you are charged with a crime, it is important that you contact a criminal lawyer immediately to protect and analyze your rights. 1. I did not do it The most basic defense against any charge of a criminal nature is simply to prove that you did not do it. Innocent until proven otherwise One of the distinguishing features of the American legal system is the presumption…

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Each case is different, but here we present some of the most common defenses against a criminal charge.

In order to convict him of a criminal charge, the prosecutor must prove his guilt beyond any reasonable doubt. This is a fairly high standard, and during any trial, the defendant can present a defense in order to raise a reasonable doubt. Most defenses integrate one of two categories:

  • I did not do it or
  • I did it, but I should not be held responsible.

If you are charged with a crime, it is important that you contact a criminal lawyer immediately to protect and analyze your rights.

1. I did not do it

I did not do it

The most basic defense against any charge of a criminal nature is simply to prove that you did not do it.

Innocent until proven otherwise

Innocent until proven otherwise

One of the distinguishing features of the American legal system is the presumption that everyone is innocent until proven otherwise. This is not just an ideal, it is a real legal presumption, which means that the judge and the jury must assume that you are innocent until proven otherwise. This is why a defendant can “plead the fifth amendment”, remain silent and not offer any evidence to support his declaration of innocence and still succeed. It is the job of the prosecution to prove that a defendant is guilty, not the defendant’s job to prove that he is innocent. So, what does a prosecutor have to prove?

Beyond a reasonable doubt

The prosecutor must show the judge or jury that there is no reasonable doubt of his guilt. In case a reasonable doubt can be shown, some at all, the prosecutor has failed and you must be found innocent. Because this standard is so high, most of the accused concentrate on making reasonable doubts about the allegations of the prosecution.

I have an alibi

I have an alibi

One of the main ways in which the accused establish that they did not do so is by demonstrating that they could not have done so. An alibi defense consists of evidence that you were in another place, often with another person, and that, therefore, you could not have been the perpetrator of the crime. Proving to a judge or jury that you are not likely to be present at the scene of the crime will give rise to a reasonable doubt of your guilt.

2. I Did It, But I Should Not Be Considered Responsible

I Did It, But I Should Not Be Considered Responsible

Many accused admit that they committed the act, but state that for one reason or another they should not be held responsible. Here are some examples of this type of defense:

Self-defense

Self-defense

It is a common defense when someone is accused of causing some kind of physical violence (assault, assault, etc.). The defendant reverses the story and demonstrates that instead of being the aggressor, he was actually the victim and was acting to protect himself from harm.

Self-defense is an old defense that exists in most legal systems, and is based on the belief that people have the right to defend themselves against physical injury. Demonstrating this defense can be complicated, since a defendant will generally have to prove that self-defense was necessary, that the belief of possible physical harm was reasonable and that the response was reasonable. For example, if you shoot an attacker in response to the threat of hitting him, this is almost certainly an irrational response.

Defense for dementia

While it makes TV dramas fascinating, defendants in real life rarely claim insanity as a defense. Judges and juries are very skeptical of these statements, and because of the abstract nature of this defense, it can be very difficult to prove.

The theory behind a dementia defense is the notion that in almost all criminal laws there is a “mental” or “intention” element. Often, the necessary mental state is that you must have intended to commit the criminal act. If a defendant does not have an understanding of what he is doing because of a mental illness, then he can not have the mental state that the criminal accusation requires. From a political point of view, we also tend to think that it would be more appropriate to send someone who is truly demented to a psychiatric center, not to prison. Therefore, even if the defendant is successful in a defense for dementia, they will send him to a psychiatric institution, they will not release him.

So, how do courts define “dementia”? The most popular definition is the McNaughten test that defines dementia as “the inability to distinguish between good and evil.” To succeed in a defense for insanity, the defendant will have the testimony of a psychiatrist and will be subjected to extensive psychiatric tests that can be painful and humiliating.

Defense for being under the influence of substances

In relation to the defense of dementia, some defendants defend themselves by claiming that they were under the influence of drugs and that they could not have had the mental state necessary to commit the crime. In other words, they were very drugged to know what they were doing. Only a few states allow this defense, and even then, it is only a partial defense. At best, it will reduce the offense of which a misdemeanor is found guilty.

Defense by shock

The defense by celada is appropriate when a government official induces him to commit a crime. The most common examples of this are the raids against prostitution or the sale of drugs. The theory is that the government should not allow them to incite him to commit a crime and then condemn him for it.

This defense will not succeed if the judge or jury believes that he was in any way predisposed to commit the crime. So, even if an undercover officer offered to sell you illegal drugs, it is likely that a cover-up defense will not take effect if you have a history of drug abuse.

How to Get Legal Help

How to get legal help

The process of criminal law can be very difficult with a lot of stress. If you are accused of a crime, it is important that you contact a criminal lawyer immediately to protect and analyze your rights.

Speak Today with a Qualified Lawyer in Criminal Law

Lawyer in Criminal Law

This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified criminal law attorney can meet your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified criminal law attorney near you to discuss your specific legal situation.

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Big Debate: What About the General Release of Bail? http://modafinilovernight.com/big-debate-what-about-the-general-release-of-bail/ Thu, 11 Apr 2019 07:30:21 +0000 http://modafinilovernight.com/?p=700 Every day, as part of the great national debate, the Praisen passes one of your proposals to the screen. The generalization of the bail bond. On the sidelines of the big national debate organized by the government in response to the movement of yellow vests, the Praisen invites his readers to send him the proposals of citizen laws they would like to see emerge. Every day, some of them will be tested by the editorial staff. This Tuesday, we are looking at the bail, the amount that can be paid to recover his freedom pending trial. One of our readers has indeed wondered if this device could be generalized in France, as is the case in the United States. What are we talking about? On the other side of the Atlantic, bail is almost systematic: to avoid the incarceration of an accused while awaiting trial, the judge can ask for…

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Every day, as part of the great national debate, the Praisen passes one of your proposals to the screen. The generalization of the bail bond.

On the sidelines of the big national debate organized by the government in response to the movement of yellow vests, the Praisen invites his readers to send him the proposals of citizen laws they would like to see emerge. Every day, some of them will be tested by the editorial staff.

This Tuesday, we are looking at the bail, the amount that can be paid to recover his freedom pending trial. One of our readers has indeed wondered if this device could be generalized in France, as is the case in the United States.

What are we talking about?

What are we talking about?

On the other side of the Atlantic, bail is almost systematic: to avoid the incarceration of an accused while awaiting trial, the judge can ask for the payment of a sum of money. Jean-Eric Branaa, academic, specialist of the United States. He is considered as a guarantee of the presence of the one in cause in each stage of the procedure until the judgment, explains us.

In France, the measure already exists in the context of judicial controls. The investigating judge or the judge of liberty and detention may decide to impose the payment of a monthly sum, just as it may impose the wearing of an electronic bracelet, for example. Framed by Articles 138 and 142 of the Code of Criminal Procedure, this device is not widespread in the French judicial system: it is mainly applied in financial affairs, property crime, or organized crime, “cases where a lot of money has passed through” , summarizes the penalist Florence Rouas for the Praisen.

How much does it cost?

How much does it cost?

The guarantee guarantees, before the trial, the repair of the damages or the payment of a fine: it is a kind of deposit on the financial condemnation future. The sum, which lands at the Caisse des Depots et Consignation, is returned in the case of dismissal. It is difficult to estimate the number of criminal guarantees ordered, nor their amount. Contacted, the Department of Justice has not been able to send us this date. But if for the defendant the amount can be high (Booba and Kaaris have had to pay 30 000 euros deposit for example), for justice, such a device does not theoretically require significant expenses to be generalized.

In the United States, bail is almost the rule and funded by organizations that get paid by puncturing part of the money.

What do the different political families think?

What do the different political families think?

If there is indeed a debate on the number of provisional detentions ordered, no political party or movement has really taken hold on the issue of the generalization of bail.

So, playable or not?

“It’s interesting for offenses where greed is the driving force,” said Katia Dubreuil, president of the Judicial Union. If it is not enforced, the person can organize his insolvency. “This tool promotes freedom and preserves the presumption of innocence.” It may also curb prison overcrowding. “For some offenders, it’s also a good way to avoid prison which can become a school of recidivism,” says Florence Rouas.

Attention, however, we point out the experts: the generalization of this device would promote inequality in the face of justice. A study by the US Department of Justice recently highlighted the limitations of this system. Bail is only available to the wealthiest, and American jails are home to only the poorest offenders.

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The State of Bail Bonds in Terms of Tax Laws http://modafinilovernight.com/the-state-of-bail-bonds-in-terms-of-tax-laws/ Mon, 08 Apr 2019 07:28:56 +0000 http://modafinilovernight.com/?p=697 Companies use credit from domestic and foreign financial institutions in order to meet their financing needs. In the loans they use, they represent the related companies as guarantors. In this article, whether the related bail relationship can be considered as a financing service, whether the implicit profit distribution is realized within the scope of the transfer pricing in terms of the Corporate Tax Law; Furthermore, in terms of the Value Added Tax Law, it will be discussed whether this financing service is subject to VAT. 1. Introduction One of the most important problems in the loans used by banks in order to meet the financing needs of the companies is to provide guarantees. Collateral may be cash, securities, real estate or personal surety. Banks want as much collateral as possible from companies that use credit to minimize the risk of repayment of their loans. In this case, companies, especially group…

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Companies use credit from domestic and foreign financial institutions in order to meet their financing needs. In the loans they use, they represent the related companies as guarantors. In this article, whether the related bail relationship can be considered as a financing service, whether the implicit profit distribution is realized within the scope of the transfer pricing in terms of the Corporate Tax Law; Furthermore, in terms of the Value Added Tax Law, it will be discussed whether this financing service is subject to VAT.

1. Introduction

1. Introduction

One of the most important problems in the loans used by banks in order to meet the financing needs of the companies is to provide guarantees. Collateral may be cash, securities, real estate or personal surety.

Banks want as much collateral as possible from companies that use credit to minimize the risk of repayment of their loans.

In this case, companies, especially group companies, guarantee each other on the loans they use. The guarantor company is jointly responsible for all loans used.

2. Is Loan / Guaranty Financing Service?

2. Is Loan / Guaranty Financing Service?

2.1. Transferring the Loan to the Company Associated with the Same Conditions

2.1. Transferring the Loan to the Company Associated with the Same Conditions

In summary, the Revenues of the Presidency of the Revenue Administration about the use of all or part of the loans used by the Bank with the same conditions;

“Transfer of the loan obtained from the bank to the group company under the same conditions, is a financing service provided to the related person, and does not change the expenses of the group company to any kind of costs and interest, not to pay any expenses or not to be included among the activities of the company. . in case of a natural person or entity unrelated wherein said financial service will be requested for a charge to the parties from the money given service, when administered to individuals associated with the service in the service provision is of course to be requested at a price. “

explanations were made.

2.2. Cash Collateral Display Status

2.2. Cash Collateral Display Status

1 Serial Number Corporate Tax General Communiqué 12.2.1. section; “Loans provided for cash collateral shall be taken into account as liabilities to the enterprise in the calculation of debt / equity ratio.”

It is clear that a company’s use of the loan provided by the bank with the same conditions will be the financing service of a company’s cash collateral for the loan to be used by the related company.

In this case, if the service is given to the related person, the demand for a price corresponding to the service given to the peers is explained in the General Communiqué on Disguised Earnings Distribution through Transfer Pricing with Serial No 1 through the 13th article of the Corporate Tax Law and the provision for the financing service. should be determined according to.

2.3. Personal Surety / Guaranty Status

2.3. Personal Surety / Guaranty Status

1 Serial Number Corporate Tax General Communiqué 12.2.1. section;

Gay All kinds of checks, bonds, bills, gold, government bonds, treasury bills, shares issued by the Mass Housing Administration or all kinds of bonds, except bonds, bonds issued by the Mass Housing Administration or traded on the ISE, will be considered as non-cash collateral. . “

issues.

Securities, real estate and personal surety, other than those mentioned above, should be considered as non-cash collateral.

In this case, what would be the situation of a company being the only guarantor / guarantor of the loan against the tax laws?

In summary, the subject given by the Revenue Administration Large Taxpayers Office on the subject of in whether the guarantee / collateral fee to be paid in return for non-cash collateral to be obtained from the holding company abroad is subject to withholding ük is summarized in the summary;

“…. since the provision of non-cash collaterals by your group company to provide loans from your company abroad, the Council of Ministers 2009/14593 according to the first paragraph of the Article 30 of the Corporate Tax Law no. 10% corporate tax deduction determined by the decision ‘.’

was evaluated.

Article 18 of the Regulation on the Procedures and Principles Regarding the Financing of External Financing under the Law No. 4749 under the heading “Guarantee Fee”;

“…….. for a one-time guarantee from the entity whose repayment is guaranteed by taking into account the criteria such as the financial position of the organization, the guaranteed financing and the repayment performance of the borrowed loans and the terms of the guaranteed financing provided if the company has previously provided guaranteed financing and a loan. up to 1% of the warranty amount charged. “

the provision is given.

In this way, the Treasury takes a guarantee fee of up to 1% on a one-time basis in return for this guarantor service / financing service as a guarantor in favor of the institution that uses the loan.

Credit Guarantee Fund established in July 1991 (KGF) provides support to small and medium-sized enterprises on these bailings and makes it possible for them to use bank loans to finance their investments and enterprises.

The shareholders of the Fund, TOBB (Union of Chambers and Commodity Exchanges of Turkey) (33%) KOSGEB (Small and Medium Industry Development and Support Administration) (33%) and other partners. The Credit Guarantee Fund (KGF), which gives a maximum of 80% of the loan, will receive a special inspection fee for the companies that request bail. In case the claim is found to be appropriate and the loan is used with the guarantee of the Fund, the commission is charged in cash at the rate of 1% to 2% per annum, on bail balance, in cash, non-cash or other characteristics of the bail.

All these explanations of the surety company for the funding to be understood / guarantor to be is within the scope of financial services and in the case of the person associated with this service must be requested by a suitable counterparts in return for the service fee.

3. Evaluation of the Company Tax

3. Evaluation of the Company Tax

In the first paragraph of Article 13 of the Corporate Tax Law no. buying, selling, manufacturing and construction operations, renting and leasing operations, to borrow money receiving and giving, bonuses, of transactions that require fees and similar payments are reported each state and will be evaluated as purchasing goods or services or the sale of the condition.

According to the third paragraph of the same article, the principle of conformity with the rights shall mean that the price or price applied to the purchase or sale of the goods or services with the related persons is in conformity with the price or the price to be generated in the absence of such a relationship.

As explained in the previous section of our article, it is covered by the financing service to be a guarantor / guarantor for a company to provide financing, and in case a service is given to the related person, an appropriate price should be requested for the service provided. According to the loan, Garanti Securities, Inc., cash and non-cash or other features of the bail may be taken as a fee in terms of the equivalent of 1% to 2% per annum.

Sample:

(X) A.Ş. During the 2013 calendar year, the Bank used a loan of TL 10,000,000.00. In addition to the real estate mortgage as collateral, the related company (Y) Ltd. Has shown the Company bail. In this case (Y) Ltd. (X) A.Ş., as a guarantor. This bail is non-cash bail, personal guarantee / guarantor is (Y) Ltd. In accordance with the equivalent of 1% (10,000,000,00 * 1% = 100,000,00 TL) to calculate the commission fee and the amount should be transferred to the book records. In the same way (X) A.Ş. in the amount of 100.000,00 TL should be transferred to the accounts as financial expense. If the said financing service is provided by a related company abroad, a 10% corporate tax deduction is required, based on the article 30/1-ç of the Corporate Tax Law no. Double taxation agreements should also be considered.

4. Evaluation of Value Added Tax

4. Evaluation of Value Added Tax

4.1. Status of Financing of the Financing Service

4.1. Status of Financing of the Financing Service

In KDV Law 1 / Article 1, Turkey in commercial, industrial, agricultural activities and delivery in the framework of self-employed activities and services to be subject to VAT, in Article 4, the delivery of services and delivery to be outside the imports of goods and cases that the remaining transactions, 6 / b substances in the process of Turkey on the construction of service as stated to be utilized in Turkey made or services Turkey, the Law 17/4-e substance in the banking and insurance transactions that are exempt from value added tax on transactions falling within the tax coverage provision it is connected.

The following issues are included in a special feature of the Revenue Administration Directorate of Istanbul Tax Office.

“”. The lending transactions made by companies established for commercial and industrial activities are not subject to BSMV since they cannot be considered as the main business subject and they need to be subject to VAT.

Holding in place the group company’s other group companies interest and carried out by applying commission and not subject to BITT lending process from source is subject to KDV interest which constitutes the provision of these transactions and commissions should be calculated KDV over the total.

Meanwhile, the Group company from banks and other financial institutions, to other group companies are provided with a loan of any amount without addition of the principal and transferred exactly in transferring the same, together with interest and costs of operations will not be calculated KDV for these costs.

However, if any amount is received in addition to the amount of the loan transferred, this value will be subject to the value added tax in general rate, as this would constitute the value of the service offered by the company. “

As explained in the previous sections of our article, it is covered by the financing service to be a guarantor / guarantor for a company to provide financing and if a service is given to the related person, a suitable price should be requested for the service provided.

In this case, the related firm must have an invoice arrangement and an 18% value-added tax calculation on the basis of the revenue obtained from the guarantee of personal guarantee / guarantorship. (Y) Ltd. The Company shall issue an invoice for 100,000.00 TL of financial service income and transfer the value added tax amounting to TL 18,000.00 (100,000,00 * 18% =). (X) A.Ş. will be subject to a reduction of 18.000,00 TL VAT in accordance with the general provisions.

4.2. The provision of financing service from abroad

4.2. The provision of financing service from abroad

What will be the case with regard to the value added tax if the said financing service is taken from abroad?

Value Added Tax General Practice Communiqué I / C-2.1.2.1. Residence, Commercial, Legal Center and Business Center in Turkey Absence in the section entitled Transactions Made by;

“….. residence, workplace, legal center and business center services that make the in Turkey, not in Turkey with which they do abroad, but will be subject to VAT of utilizing services in Turkey, taxpayers in such services carried out mainly service Although our performance, place of residence in Turkey, workplace, because the legal center and business center there, all VAT, payable shall be declared in his capacity as responsible by the addressee within the country benefiting from the service, to be exempt from tax services and services if the benefit abroad from services made abroad taxpayer or will be declared KDV reverse charge, VAT of the service to be declared in his capacity as responsible is not essential to being KDV taxpayer’s interlocutor benefiting in Turkey KDV obligations without also making KDV deduction due to such services with No. 2 KDV declaration declared to and have to pay ru ‘. “

It indicated.

The issue of the Revenue Administration Directorate of Tekirdag Tax Office is summarized as follows;

“…….. transactions related to loans from foreign group companies, KDV Law 1 / According to Article 1 are evaluated as financial services and interest amounts will be calculated from such transactions is available subject to VAT, Article 9 of the Law VAT is calculated on the basis of the interest amount in accordance with the article no.

matters are specified.

In this case, if the related company is a personal guarantor / guarantor for the loans used from a financial institution, the value added tax calculated on the price to be determined according to the peers should be declared and paid by the domestic company which is benefiting from the financing service.

5.Sonuç

5.Sonuç

One of the most important problems in the loans used by banks in order to meet the financing needs of the companies is to provide guarantees. Collateral may be cash, securities, real estate or personal surety.

The financing service provided by a company to provide another company with the same terms as the loan to be used by another company and the fact that a company is a personal guarantor / guarantor for a loan to be used by another company is covered by the financing service. In addition to the service provided in accordance with a suitable price should be requested.

According to the loan, the amount of commission calculated on the basis of the cash, non-cash or other nature of the bail is calculated as 1% to 2% per annum. 18% value added tax should be calculated over the commission amount received. In case the service is obtained from abroad, it is necessary to declare and pay the corporate tax deduction at the rate of 10% and the value added tax calculated as 18% in accordance with the peer’s responsibility.

Today, when companies meet the financing needs through banks, the group companies undertake the guarantee of each other continuously; It should not be forgotten that companies may face penalties if they do not carry out the necessary tax transactions without considering these transactions within the scope of financing service.

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The Bond: Basic Concepts http://modafinilovernight.com/the-bond-basic-concepts/ Tue, 05 Mar 2019 07:34:51 +0000 http://modafinilovernight.com/?p=710 When a suspect in a crime is arrested, there are certain procedures that must be followed. First, the suspect must be prosecuted in police custody (data entry) and then an eligibility determination for release must be made. The release of a suspect may be granted in exchange for payment of a specific amount of money (bail). Bail is money or other property that is deposited in court to ensure that the accused person will return to court when ordered. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is convicted. However, if the defendant does not appear in court when it is required or violates the terms of the bond, the court will confiscate the bond and it will not be returned. Parole may also be granted to a suspect. In other words, the suspect may…

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When a suspect in a crime is arrested, there are certain procedures that must be followed. First, the suspect must be prosecuted in police custody (data entry) and then an eligibility determination for release must be made. The release of a suspect may be granted in exchange for payment of a specific amount of money (bail).

Bail is money or other property that is deposited in court to ensure that the accused person will return to court when ordered. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is convicted. However, if the defendant does not appear in court when it is required or violates the terms of the bond, the court will confiscate the bond and it will not be returned.

Parole may also be granted to a suspect. In other words, the suspect may be released with a promise to appear in court at a later date.

Data entry

Data entry

The data entry process usually involves the following steps:

  • Collect the suspect’s personal data (ie name, date of birth, physical features)
  • Record information about the crimes allegedly committed by the suspect
  • Perform a search in the records on the criminal record of the suspect
  • Take fingerprints, photographs and requisition the suspect
  • Confiscate personal effects of the suspect
  • Place the suspect in a holding cell or local prison

Bail

Bail

In general, it is possible to achieve release by paying a bond. Bail is usually cash or good of pecuniary value that you give to the court in exchange for your promise to appear when ordered. If you appear before the court, the bond is returned. However, if you do not appear, the court will keep your bail and probably issue an arrest warrant against you. The eighth amendment to the Constitution of the United States prohibits excessive bail. The purpose of the bonds is to ensure that an arrested person appears in court when ordered. Therefore, bail can not be used as a way for the government to collect money or punish a person for having been arrested.

How is a bond determined?

How is a bond determined?

If you are arrested, you can pay a certain amount of money in order to get out of prison before the trial. This is known as “pay bail”; However, the amount of the bond may vary depending on the state and various factors. Generally, a judge will use a bond scheme to determine how much the amount should be. This scheme can be affected by elements such as the criminal record and suspect’s history, the seriousness of the crime and the suspect’s ties to family, community and employment.

The main factor that a judge will consider is the seriousness of the crime, when the accusation is committing a violent crime against a particularly vulnerable group, the judge can increase the amount of the bond. When the bonds with the community, employment and family are analyzed, the judge is weighing the risk of the escape of the accused. The judge wishes to ensure that the bail amount will be sufficient to prevent the person from escaping, but also to ensure that the person appears in court in order to claim the refund of the bail amount.

Payment of the deposit

Payment of the deposit

The payment of the bond is the process of paying the amount of money that the court has set forth to grant their release. This can be done in several ways:

  • Pay the amount of the deposit in cash or by check
  • Renounce your rights of ownership over a property that has a cash value similar to or greater than the amount of the bond
  • Give a guarantee (a promise to pay the full amount of the bond if it is not presented) for the entirety of your bond
  • Sign a statement by which you promise to appear when ordered (parole)

Obtaining parole is, by far, the most chosen method to pay a bond because it does not involve disbursement of money. If you decide to pay the amount of the bond, you will be refunded that amount when it is filed as ordered. In general, the guarantee has a cost of 10% of the amount of the deposit. If you do not show up when ordered by the court, you will lose the amount of the guarantee, as well as any secondary guarantee that you would have used to obtain your guarantee.

Speak Today with a Qualified Lawyer in Criminal Law

Speak Today with a Qualified Lawyer in Criminal Law

This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified criminal law attorney can meet your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified criminal law attorney near you to discuss your specific legal situation.

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