Any petition for reduction of bail always requires a hearing.
The witnesses that are often presented are the accused himself and/or a relative. They will testify that the accused is not a flight risk and that he could not afford the amount set for bail but could only produce a certain specific amount.
Every direct examination starts with the offer of the testimony.The lawyer usually starts his direct after the witness is sworn.The lawyer usually seeks the permission of the court by saying these: "with the kind permission of the Honorable Court" or "May I proceed you Honor.
Sample Direct Accused
Lawyer: The testimony of the witness is being offered to prove that the he could not afford the bail set. It is also being offered to prove that the accused can only post a bail of forty thousand pesos (usually half of the amount set for bail or an amount that the accused, his family and/or friends can raise) and that he is not a flight risk.
Mr./Ms. Witness, Where are you residing?
How long have you been a resident of Glan, Sarangani Province? (say he/she is a resident of Glan)
Where there instances that you left the municipality of Glan?
What was the purpose why you left Glan?
How often do you leave the Municipality?
Who are the persons who stay with you in your residence?
Who provides for their sustenance?
What is your source of livelihood?
What is your monthly/weekly/daily income? (depending on the mode of payment if employed or mode of return if engaged in a business)
What kind of materials is the house that you are you living in made of?
What are the appliances that you have in your household?
Who owns these appliances?
How much is your electrical consumption?
Who pays for your electricity?
What crime are you accused of?
Were you arrested?
How much is the bail set for your temporary liberty?
Were you able to post bail?
Why were you not able to post bail?
What is the amount that you can afford in order to post bail?
Who raised this amount?
Add these questions if the witness/accused is already old:
How old are you?
How do you find the conditions of your detention?
End your direct by saying thanks to the witness.
"thank you Mr. Witness and That would be all Your Honor"
No comments:
Post a Comment