Introduction
Being detained and put under criminal detention can be a challenging time for anyone. For those who have not committed a crime, it can be a frustrating experience. If you find yourself in this situation, you may be wondering how to get out of it. The legal system does offer a way out for those who are not guilty, and that way is called “取保候审” (qǔbǎo hòushěn) or “released on bail pending trial.” In this article, we will discuss how to get released on bail pending trial as quickly as possible after being put under criminal detention.
What is “取保候审”?
“取保候审” is a legal procedure that allows a person who has been detained by the police for criminal investigation to be released on bail pending trial. It is a way for the legal system to ensure that the innocent are not locked up for extended periods without a trial. Once released on bail, the person is expected to appear before the court when summoned and cooperate with the investigation.
Who is eligible for “取保候审”?
Not everyone who is detained by the police is eligible for “取保候审.” The court will only release a person on bail if they determine that the person is unlikely to flee, tamper with evidence or obstruct the investigation. If a person has a criminal record or is a flight risk, they may not be eligible for bail.
What is the process for applying for “取保候审”?
The process for applying for bail pending trial is straightforward but can take some time. The first step is to hire a lawyer. Your lawyer can then apply for bail on your behalf. The court will review the application and may conduct an interview with the person applying for bail. The court will also review the evidence gathered by the police to determine if the person is likely to commit another crime or flee if released on bail.
What factors will the court consider when deciding whether or not to grant bail?
The court will consider a variety of factors when deciding whether or not to grant bail, including:
The nature and severity of the crime
The evidence against the person
The person’s criminal record
The person’s ties to the community
The person’s financial resources
Whether the person has a history of fleeing justice or tampering with evidence
How long does it take to get released on bail?
The length of time it takes to get released on bail can vary, depending on the complexity of the case and the workload of the court. In some cases, bail can be approved within a few days. In others, it can take weeks. Hiring an experienced lawyer and providing as much information to the court as possible can speed up the process.
How much does it cost to get released on bail?
The cost of getting released on bail varies depending on the circumstances of the case. In most cases, the court will require a deposit or bond to be paid before releasing the person on bail. The amount of the deposit or bond can range from a few thousand to hundreds of thousands of RMB. If the person attends all court dates and cooperates with the investigation, the deposit or bond will be returned at the end of the proceedings.
What happens if bail is denied?
If the court denies bail, the person will remain in detention pending a trial. The person can appeal the decision to a higher court.
Conclusion
If you have been detained by the police for criminal investigation, it is essential to know your rights and options. Applying for bail pending trial can be a way to regain your freedom while awaiting trial. It is essential to hire an experienced lawyer who can guide you through the process and ensure that your rights are protected. Remember, being detained can be a frustrating experience, but it is essential to remain patient and cooperate with the legal system.
Getting released on bail may take time, but it is an essential step in defending your rights and proving your innocence.
