Legal representation in protection orders
Protection orders constitute a fundamental civil procedure to protect victims or survivors of domestic violence in Puerto Rico, regardless of their gender, marital status, sexual orientation, gender identity or immigration status. This process also seeks to protect your children, family members and assets.
In the context of court hearings, it is crucial to have specialized legal advice. Every word expressed is documented and could influence future litigation. Don't underestimate the weight of your statements. An experienced attorney will provide you with the necessary guidance to avoid unfavorable consequences and possible legal implications.
Criminal record expungement process
Expungement of criminal records is a resource used when a person is accused of a crime and it appears in the police record as a previous conviction. For less serious crimes, this process can begin after 6 months after serving the sentence. It is done through an application accompanied by a sworn statement before a notary, together with the certified sentence and the record of the criminal record. In the case of more serious crimes, the waiting period is more than 5 years from the expiration of the sentence, and the process is more complex, requiring additional steps and documentation.
If you wish to eliminate a criminal record, we recommend that you seek advice from a lawyer with knowledge of criminal law. Contact Atty. Omar Barroso Rosario to get advice as soon as possible on your case.
Bail system in serious criminal cases
In Puerto Rico, as elsewhere, the bail system in serious criminal cases offers an opportunity for temporary freedom for those accused of crimes. This process allows individuals to leave custody while awaiting trial by presenting an amount of money established by the court. Bail serves as a promise to appear, thus ensuring the defendant's freedom while guaranteeing her participation in future hearings and trials. It is a measure that avoids prolonged preventive detention, providing respite in the midst of a challenging legal process.
To secure the bond, these options can be considered:
- Cash: Offer a specific sum to the court.
- Mortgage bond: Use a property as collateral, presenting the registered deed, a recent appraisal and a debt certification.
- OSAJ Conditions: Comply with conditions imposed by the Office of Pretrial Services, which may include supervision of a close family member.
Bail in Act 54 cases
The Office of Pretrial Services (OSAJ) evaluates people accused of serious crimes, offering the possibility of deferring bail if they qualify, assuming responsibility for it. In cases of Act 54 there are specific protocols. For some crimes, the family member who assumes custody of the accused must live more than 30 minutes away from the complainant and her workplace, establishing an "exclusion zone". This is verified using tools such as Google Maps.
Some crimes require the use of electronic shackles by law. If there are no family members who meet the required distance, there could be complications with the bail. Even if you qualify for deferred bail, OSAJ may not defer it if there are no family members more than 30 minutes away, which would require monetary payment of bail. In cases of domestic violence, it is crucial to follow these steps: find a family member who meets the required distance, obtain the water or electricity bill for the property where the person will stay, and ensure that these accounts are up to date and free of debt.