Índice
After the shock of seeing how a family member enters pretrial detention, it's time to pull yourself together and try to find the BEST LAWYER to get the PROVISIONAL RELEASE at least.
Since the writing of legal information, we have been looking in the press for those provisional liberties of celebrities, and not so famous, that a priori seem UNTHINKABLE, but are not so. Searching and searching, we have found the criminal office RINBER LAWYERS, where we have been told, part of the SECRETS TO OBTAIN PROVISIONAL FREEDOM. we have talked with JAVIER RINCON, recognized criminal lawyer, expert in obtaining provisional liberties.
PROVISIONAL RELEASE
After the judicial resolution in which the imprisonment of a person is agreed, the possibility of filing an appeal for reform or subsidiary appeal is opened against that order, which sends our family member to prison. Raised this question to JAVIER RINCÓN, he affirms us categorically: "running is for cowards and bad bullfighters". Not by requesting freedom earlier is going to be achieved on better terms. We must prepare this freedom over a “slow heat”, CONVINCING the judge that, in addition to how harmful being in prison means, our family member will be better off in his own home, with no risk of escape.
SPECIALIST LAWYERS PROVISIONAL RELEASE
To obtain a resolution that agrees to provisional release, (says JAVIER RINCÓN, criminal lawyer), you have to put yourself in the hands of true SPECIALISTS. It is not about filling out a form as most do, and waiting for it to “hit the lottery”, no, you have to work on it. It is about asking the judge that the client is not going to escape, nor are there reasons for that person to be deprived of liberty. In addition, as we are going to explain now, there are other possibilities to avoid having someone in prison.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
PROVISIONAL RELEASE REQUIREMENTS
Regardless of legal considerations, (says JAVIER RINCÓN, a lawyer specializing in requests for provisional release), turn the prison order around. In said resolution, the judge justifies the reasons for sending someone to prison. It is a question, RINCON affirms, of convincing the Judge in the opposite direction.
PROVISIONAL RELEASE WITHOUT BAIL
This is the most desirable situation. This is the situation in which the person being investigated, for the moment, as understood by the examining magistrate, should not be deprived of liberty. Well because there are no indications of committing a crime on his part, well, even if there are, it may be that the sentence to be served is not susceptible to being suspended.
PROVISIONAL RELEASE WITHOUT CHARGE
It is a way of calling provisional release without bail. The difference, if we use a legal semantics, is that while in provisional release without bail, the judge does not consider it necessary to provide an economic amount as a guarantee of that freedom, in provisional release without charges, it must be understood that the investigating judge does not considers that there is no type of indication of the commission of a crime, says JAVIER RINCÓN, criminal lawyer, expert in freedoms.
PROVISIONAL RELEASE WITH BAIL
As he comments, JAVIER RINCÓN, an expert in freedoms, is the second most favorable step for the person being investigated in a criminal proceeding. When making this decision, the judge usually has some certainty about the commission of the crime, but on the other hand he has certain doubts, which is why he agrees to set a bail.
BAIL
Well, in the appeal for reform or appeal against the resolution that agrees the imprisonment of our client, (says JAVIER RINCÓN, a criminal lawyer specializing in obtaining provisional release), or where appropriate, after the deadlines for filing the above, In the request for modification of the piece of personal situation of the client, it is where in a justified way you have to try to convince the Judge to grant the release on bail.
PROVISIONAL RELEASE WITHOUT BAIL REQUIREMENTS
The requirements to obtain provisional release, without bail, are simple, on the one hand, and complex, on the other. Essentially, it is a question of leading the Judge to convince himself that our client, either, is not involved in the facts, or, where appropriate, if he is, does not deserve the reproach of being deprived of liberty, apart from proving that there is no risk of flight or destruction of evidence.
PROVISIONAL RELEASE WITHOUT BAIL SPAIN
Freedom provision without bail in Spain has a name. RINBER LAWYERS. Criminal lawyers specialized in processing cases for crimes, and specifically in obtaining provisional liberties in criminal cases. This statement is easily verifiable through newspapers and online newspapers.
CONDITIONS FOR PROVISIONAL RELEASE
Indications, indications, indications and evidence. So categorical. Provisional release must be supported by combating the arguments that the judge has taken into consideration to agree to provisional detention, and turn it around, says JAVIER RINCÓN, a lawyer specializing in this type of resources. It is about, as he tells us, turning the situation around, proving with documents that the prison situation does not make sense.
COMMITTING A CRIME IN PROVISIONAL FREEDOM
It is the direct passport to enter prison communicated and without bail pending both trials. A mistake, which turns out to be quite common, and which makes it difficult to obtain a provisional release, before either of the two oral trial hearings come out, as RINBER ABOGADOS tells us.
Now, below we are going to solve a series of questions that arise to us, and that after transferring them to one of the LAWYERS SPECIALIST IN PROVISIONAL FREEDOM IN SPAIN, D. JAVIER RINCÓN, director of RINBER ABOGADOS, famous criminal lawyer, number 1, in obtaining provisional liberties in our country, and to which we are going to respond:
WHAT IS PROVISIONAL RELEASE?
Provisional freedom is a personal situation, which comes from a procedural situation. Within the criminal process, the investigated or accused is subjected, outside the criminal process itself, to a study of their personal situation, (piece of personal situation), where they can be in freedom or deprived of it. Within the situation of freedom, it may be subject to different conditions. The situation of provisional release is one in which the person being investigated is kept free, while the criminal process is resolved. Subject to condition or not.
When CAN PROVISIONAL RELEASE BE REQUESTED?
JAVIER RINCÓN, criminal lawyer, director of RINBER ABOGADOS, specialist in obtaining judicial resolutions of PROVISIONAL RELEASE, tells us that the request for provisional release can be requested from the moment a person, by means of a judicial resolution issued by the judge, instructor, is deprived of liberty.
Lawyer RINCON tells us that on many occasions it is requested immediately, and on many occasions (almost always), this is a SERIOUS ERROR, because if today the investigating judge has it in his head to send someone to prison , tomorrow, will think the same. That is why, from RINBER ABOGADOS, we always try to find the right moment to request provisional release, and always, providing the Judge with sufficient elements to change his mind, going from prison to release. Therein lies the secret.
HOW LONG CAN PROVISIONAL RELEASE LAST?
Provisional release can last as long as the criminal procedure to be processed lasts, affirms the EXPERT CRIMINAL LAWYER, JAVIER RINCÓN, director of RINBER ABOGADOS. This means that from the denunciation or the opening of previous proceedings, (criminal proceedings), against a certain individual, it can be agreed, via appearance, corresponding to the piece of personal situation, the provisional release of that person, who is leaving to be delayed in time, until the execution of the sentence itself, in the case of carrying pretrial detention.
WHO CAN REQUEST PROVISIONAL PRISON?
There are two procedural parties that can request provisional detention. Essentially, the private prosecution, which is usually the lawyer of the victim or their relatives, the public prosecutor's office or the popular prosecution, in criminal proceedings where it intervenes. Also in crimes where the state turns out to be harmed, when the state attorney intervenes, it may be the state attorney who requests provisional detention for the person being investigated.
WHAT IS THE APPEAL FOR PROVISIONAL RELEASE LIKE?
He appeal for provisional release, says JAVIER RINCÓN, a lawyer specializing in this type of matter, is "like a tailor-made suit". On many occasions, the mistake of using a “form” or the same resource for “Juan as for Juanillo” is made, and each resource must have its circumstances and requirements.
The appeal for provisional release must be a reflection of the personal circumstances of the prisoner and documents and supporting documents proving the reasons for release. A resource, it is not a matter of two hours of work, you have to make a beautiful work of art, which leaves the Judge without excuse to keep our family member in prison.
