Regulatory offences

Regulatory offences - A-1 Bail Bonds

Regulatory offences cover a significant range of activities of a non-criminal nature. Unlike with crimes, a conviction for a regulatory offence is an easier process because it does not necessitate the guilt or the intention to be proved. The punishment for the regulatory offence depends on the damage the suspect caused to public. The most common penalty is a fine in the amount imposed by the judge according to the offence severity. The offender in this case can go on bail.

The main function of the regulatory offence is to warn and prevent offenders from committing crimes in the future. Thus, charging an unreasonable fine contravenes with the initial idea behind punishment. The penalty for the seemingly small offence may be either too harsh or too lax in some countries. For example, speeding fines in Scandinavian countries appear to be reasonable enough for the drivers to avoid violating the traffic rules ever again. Whereas drivers in some Eastern European countries tend to repeatedly violate the rules mainly due to the small fines. Offenders who were proved to harm the public order in a more severe manner may be punished with the license being suspended or even going to jail.

It is important to mention that a regulatory offence can be considered a crime depending on the statutes and laws of a country, city or state. One of the differences between regulatory and criminal offence is that the latter is prohibited by the common law. An act can only be classified as a criminal offence if it is followed by the legal prosecution. When proved guilty, a criminal’s sentence depends solely on the nature of a crime. The sentence ranges from the community service to imprisonment or even execution.

The punishment basis of the Criminal Law consists of two elements: external element (prohibited act, state-of-affairs, conduct) and internal element (fault, dishonesty, recklessness, malicious intention). Proving that these elements are actually there is the responsibility of a prosecutor. For instance, according to what is defined as murder, the external element is the outlawed killing of a human and the internal element is the mental intention to kill. It means, that, in order to convict a suspect of a murder, the prosecutor has to prove, beyond a reasonable doubt, that there exists a connection between these two particular elements of the crime. Also, the weapon used while committing the crime has to be found and examined. The lack of this evidence hampers the process while also playing a crucial part in the investigation.

Depending on the proved intention of committing a crime, the sentence differs drastically. If the internal element is not proved, a murder case turns into involuntary manslaughter with a significantly shorter sentence. There is one more element of the punishment which shouldn’t be underestimated. A suspect may have a criminal defense (mental disorder, intoxication, automatism, legal duty, self-defense etc.) which, in most cases, negates the internal element and suggests suspect’s innocence. Unfortunately, the judicial process is sometimes influenced by the public pressure and a person may have to face the unjust persecution. Such practices undermine the notion of justice and are unacceptable in the modern world.

Florida’s County Sheriff Office

Martin County Sheriff's Office

Florida’s County Sheriff Office is among the oldest nonmilitary law enforcement entities in the world. The people of the state and local communities understand that the sheriff is a constitutional officer, acting independently of all other functions within the local government. The duties of the locally elected sheriff are to represent Florida’s community and guarantee the security and safety of the citizens during the four-year term.

The sheriffs are elected by the community, making every voter accountable for the future justice the authorities will provide them with. The Sheriff is obliged to maintain peace in his respective County and, for example, in case of riot, suppress it with force, as required by the law. The Sheriff election is the only level of law enforcement in the USA that allows people to have a direct say, which completely unlike other countries or even other states in which citizens report to a bureaucratic official in their State or National Police headquarters.

Broward County Sheriff's Car

Florida’s Sheriff Office, as an authorized, direct representative of the people, allows each individual County to choose their own kind of law enforcement. The main point of discussion here is how the law enforcement is represented and carried out, so that there’s no abuse of power which might harm innocent citizens. Despite operating independently and being their own separate entities, Florida’s sheriffs (excluding Miami-Dade and Duval) have green uniforms and, sometimes, other attributes as their distinctive feature.

Talking about the dissimilarities in the Counties’ law enforcement, it is important to mention that sixty-six out of sixty-seven Counties in Florida have voted to have sheriffs as the main law-enforcement representatives. That is why the enforcement of the law and the formation of the authorities in most Counties follows a similar pattern for the most part. For example, in Duval County, the Sheriff’s and Police Departments are now a joint agency, called the Sheriff’s Office. As a counter-example, Miami-Dade is the county in which law enforcement is carried out separately, split between the head of the Police Department and the director of the Correction Department of the County. The position which serves as a substitution for the Sheriff is called the Director of the Police Department.

US bail differences

bail differences - A Bail Bonding Co.

A bail bonds is essentially a guarantee that obligates the suspect to be present at all parts of the judicial process as scheduled by the court. The bail in the USA must be reasonably calculated in accordance with The Eighth Amendment that grants its citizens a right to not be charged with excessive bail. Nowadays suspects in the USA tend to hire the bail bond agents whose business revolves around bailing their clients out by pledging money and taking direct responsibility for the defendant’s court appearances. Such practice is also widespread in the Philippines.

In case the suspect fails to attend the trial, a bail bondsman may turn to a bounty hunter whose job is to find the suspect by all means necessary. This exclusive legal option is available in the States while, reasonably enough, it is outlawed in other countries. The bail system of the United States is considered to be unjust because of its discrimination against the poor which makes it a controversial issue in a modern American society.

The bail law in the USA as well as in other former British colonies originated from The Bail Act of 1898 and since then underwent several changes. In the UK, nowadays the bail does not entail pledging money. Another drastic difference between the bail bond systems in the US and countries such as Canada, the UK, and New Zealand is that, in case the defendant doesn’t attend his trial, unlike in the States, only the police are sanctioned to conduct a search for him. In New Zealand, the police also take part in deciding on granting the bail prior to the court date.

Talking about bail systems around the world, one should mention that most countries, where the presumption of innocence is the fundamental principle and is considered to be a legal priority, offer the suspects better possibilities for reasonable bail. Naturally, depending on the laws of the state, the court may deny it. In most countries, the ones who are not granted the bail are suspects with serious crimes (rape, murder etc.). In Japan, for instance, regardless of the crime, defendants can be held in detention and be interrogated by the prosecutors for 3 weeks with no charges and chances of bail. In Poland when applying for the bail, approximately 99.9% of suspects are likely to not be granted one. Society there strongly disapproves of the bail bond due to the discrimination and injustice it can impose on the poor. In such European countries as the Czech Republic and Russia, the court has a few ways to avoid holding the defendant in the detention. In both countries, depending on the crime, the suspect may be kept under a house arrest, police surveillance, etc.

Obviously, bail is not seen as the only available assurance of the trial attendance. Unfortunately, the right to be granted a bail (which can be seen as one of the most basic human rights) is misused in the countries with a high level of corruption. The court tends to grant the bail to the officials facing the corruption charges which helps them to flee the country and avoid punishment. This proves that the inadequate bail bond system requires some serious renovation in order for it to become fair and just.

The differences of jails and prisons

The differences of jails and prisons

The words prison and jail are sometimes considered interchangeable but actually describe different kinds of institution. The main difference between the two is how long a convict stays in one and also who is in charge. So, a person arrested for a crime will almost always be taken to a jail, which will be run by the County Sheriff in the local county. Most people do not spend more than a year in there. If a person is convicted of a more serious crime whether in a courtroom or because he takes a plea deal and the sentence is more than 1-2 years, he is definitely going to prison. Prison sentences can be anywhere from a few years to several lifetimes. Prisons are always run by the federal or state government.

The second major difference to discuss here is the fact that unlike prisons, jails are usually designed with the purpose to rehabilitate the inmates. Rehabilitation includes various programs which aim to educate and turn a criminal into a law-abiding citizen in the future. When educated, a former inmate has high chances of finding an honest job without resorting to shady activities once again.

One of the main problems in jails is a tremendous turnover rate, which also causes them to be hugely overcrowded. For some convicts, jail is a place where they await transportation to prison. Those who are convicted with a minor crime can be put in the same cell with dangerous criminals. This contributes to a higher risk of brutal fights or any other types of physical altercations in the cell blocks. Also, inmates tend to suffer from a significant lack of proper sanitation and food. They are usually deprived of the time in the fresh air and hardly ever leave their cell blocks spending most of their time in a confined space. Obviously, the aforementioned conditions severely demoralize the accused and have been a major source of controversy for years and years.

In addition to all of that, one of the biggest challenges in jail that we haven’t mentioned yet is the visitation conditions. The inmates deal with the visitation either through the video screen or an inch-thick Plexiglas with a possibility of a phone receiver. This particular problem deprives the convicts of proper communication with loved ones. Overall, the living conditions in jail are considered to be absolutely unbearable and can take a toll on the inmates.

Despite being a place, where serious criminals are sent to serve their long sentences, prison offers relatively good incarceration conditions comparing to the ones in jail. One of the main differences is the time that is allowed for the prisoners to spend in the rec yard. In some prisons, inmates spend most of their time outside their cells exercising in a well-equipped gym and playing basketball. For prisoners, a rec yard is a place for the interaction and communication which might possibly lead to the arrangement of gambling or smuggling of unavailable products. Also, prisoners may spend their time in the prison libraries.

Most prisons have canteens where inmates are allowed to eat their meals together. The quality of prison food is considered to be relatively higher than the one in jails. What is more, the prisoners have contact visitations where they sit at a table with the loved ones face-to-face. It goes without saying that the conditions of incarceration depend on a state the convict is going to serve his punishment in and, what is more important, on the crime he was convicted of.

These were the biggest differences between prisons and jails. You can find more comprehensive info regarding the smaller ones on the internet. Thank you for reading!




The peculiarities of jails and prisons

The peculiarities of jails and prisons - Bail Bonds Company Blog 

Without a doubt, an imprisonment is always a scaring incident. But since the penal institutions are of different types, their politics and conditions also differ. So, let’s determine the peculiarities of jails and prisons in Florida as well as in the United States.

First of all, the main difference between these two institutions is the term of custody. Jails are usually managed by local law agencies or local government authorities. Florida’s jails are managed by the County Sheriff’s Department. Such facilities are used for temporary detention of prisoners waiting for a court or convicted to a short term up to one year for a minor offense. Jails have various programs offering training camps, as well as educational and drug treatment programs. Such activities are meant to change a person’s world outlook and reduce the likelihood of re-imprisonment. Another advantage is that the inmates are busy with interesting work without creating problems for the institution authorities.

As for the prisons, they are under the jurisdiction of the BOP (Federal Bureau of Prisoners) of the US Government. Florida prisons are run by the Department of Corrections. These institutions are designed to deter people for criminal offenses. Different development programs are also offered in prisons, depending on the detention security level. As a rule, the convicted whose sentences are coming to an end, get access to such programs. Prisons are adapted for long-term detention. Therefore they satisfy the requirements of their residents within the law.

The turnover of jailed is much higher and the rules are less strict. As a result, the inmates usually prefer to avoid prison due to the availability of programs and more loyal conditions in jail. At the same time, the convicted complain about the constant people flow in jails. This makes it difficult to live calmly, sleep and eat.

However, jails are often left without sufficient funding. This leads to the detention system deterioration as well as to ill-treatment of the inmates.

Both systems offer the rights of visits. The convicted also have the rights provided by law, they include:

  • Human treatment

  • Lack of cruel and unusual punishment

  • Freedom from sexual harassment

  • The right to medical care and access to court

  • The right to protection against racial discrimination

Naturally, the rights of convicted are significantly limited in comparison with the rights of other citizens in freedom. Therefore, they have only partial rights to freedom of speech, property and other human rights.

If you or your friends face jail or prison, you should contact bail bondsman, who will help you avoid prison cell while awaiting trial.