When SHOULD you ask for provisional release?, this question has nothing to do with the one we frequently find on GOOGLE, When CAN you REQUEST provisional release?. It seems the same, but nothing could be further from the truth. The petition or request for provisional release, it's something very, very serious.
To answer this question, we are going to have the help of two of the best criminal lawyers in Spain, (not in vain, they have been considered among the best for the years 2020 and 2021), who are among the lawyers with the highest number of successful cases in obtaining the provisional release of clients, whom they take care of after entering prison. They are JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTAS).
To answer those two questions that we have posed to you before, (When SHOULD one request provisional release? and When CAN you REQUEST provisional release?), they propose a real particular case to us (which is the best way to approach your own case or that of your family member), which seems appropriate to us.
JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTAS) tell us like this:
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We received a call from a person, who claims to be the sister of Miss X, who has been arrested for a crime against public health, (drug trafficking), and who is already in the Court on duty, waiting to testify as an investigator.
As soon as we received the notice, we went to the Court on duty, and directly, after asking the permission of the colleague (lawyer), on duty, we went to the interview room that exists there, to be interviewed privately. It turns out that the statement in the presence of the Judge had already been held, and even the appearance to determine if our client should enter provisional detention in jail, also.
At first the game was going uphill, but the game remained.
Our client in the parlor, very sad, with a lost look, lamenting her fate. She only tried to ask us to get him out of there, cursing her luck and reproaching herself for who had called her to get involved in matters of drug trafficking. A piece of bullshit, but one of those that sends you to provisional arrest in jail.
Miss pretrial detention without bail”. A sea of tears.
But it is up to us as professionals to maintain sanity and seriousness, (state JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER ABOGADOS PENALISTAS), not in vain are more than twenty years of professional experience in the field of criminal law.
And now, focused on the matter, explaining in some detail the situation of Miss X, we are going to answer the previous questions: When SHOULD one request provisional release? and When CAN you REQUEST provisional release?. Perhaps we prefer to start with the second, which on paper is easier (although the answer is more terrifying). Let's go there …
The provisional release with bail It CAN be requested, they just give you the car, (judicial resolution), where the Judge agrees on the admission to provisional prison without bail of the client. Now, THE FASTER THE PROVISIONAL FREEDOM IS ASKED FOR, THE MORE CHANCE THERE IS FOR THE JUDGE TO DENIE IT. Yeah. So clear.
So resounding. That's how terrifying. In case, do you believe? That a judge, who sends a person to prison today, tomorrow morning or the day after, is going to change his mind? Don't fool yourself, the answer is NO, (in capital letters), say JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER ABOGADOS PENALISTAS. It is a different matter to appeal the prison order to the corresponding provincial court, but that is another matter, and it is not immediately appropriate either.
Having answered the first question, we move on to the second,…, to remember it, When SHOULD one request provisional release?. This question is already well formulated, say our experts, JAVIER and MANUEL RINCÓN BERNAL, Directors of RINBER ABOGADOS PENALISTAS.
It is hard, (without a doubt), to see how Ms. Yeah. It is. It's hard for her. It's hard for his sister. It's hard on your lawyers. It's hard to know that the next time you're going to see her, it will be in the corresponding prison parlour, but you have to be calm and know how to choose the right moment to request provisional release with bail.
One point, no matter how much everyone (lawyers included) wants Miss The expression). So clear.
The way we arrived at the courthouse, (hurry and running), we did not have time, (because it was impossible), to really see the details of the accusation. We knew that it was a accusation for a drug trafficking crime, but little more.
We immediately got to work, we obtained a copy of the proceedings as quickly as possible (of the lawsuit, of the file against Ms. To try to find errors and/or loopholes for our client, (Miss X).
It was a fairly broad cause. Composed of many pages. It took us a few days of work to catch up on everything that was there and everything that had been investigated by the police. (Phone tapping, surveillance services, GPS tracking of vehicles, etc.).
Upon studying the matter in detail (more than 5,000 pages), we observed that Miss X's intervention in those events was less serious. He was recognized in some photographs (whose quality was TERRIBLE), basically, it could be anyone, a conversation via WhatsApp, (which also did not turn out to be, “excessively compromising”), and, it is true, that in his house, (in an entry and search), a certain amount of drugs had been seized.
When we draw all the conclusions from the matter, we present REQUEST FOR PROVISIONAL FREEDOM WITH BAIL, which was accepted by the Judge.
The success of that REQUEST FOR PROVISIONAL FREEDOM, was, first of all, having carried out a detailed study of the accusation. After studying the file, what we did was tell the judge that the facts for which Ms. The bail that the judge imposed was two thousand euros, which were paid by Miss X's sister.