Info You Should Know About Bail Bond Services
If a family member or friend who is not a citizen is detained, he or she could be released while their case is resolved through the payment of bail. But what to expect in these cases and what obligations do you have if the deposit is posted
In this article, you will find all the necessary information on immigration bonds and their difference with penalties. This way you will know what to expect and what to do in case bail is set and you decide to leave guarantor to obtain the freedom of your loved one.
If a foreign person is detained, what kind of bonds can be set so that he is free while his case is not resolved?
There are two types of bond that must be taken into consideration and that are very different.
Criminal bonds, which are regulated by the state and are given in cases in which a person – citizen or foreigner, legal or undocumented – is arrested and accused of a crime.
And the immigration bonds, which are regulated by federal law and are civil. That is, no crime has been committed. They are set to obtain the freedom of an undocumented person who has been arrested or detained but is not accused of any crime (being illegally in the United States is not a crime, it is a violation of the migratory laws).
It is essential to know what bail bond is. It is important to read more right here on https://lionsbailbonds.com/.
What is there to know about criminal bonds?
Any person who commits a crime will be detained. Depending on the severity, a bond will be fixed or not.
As a general rule, if the person who is accused of having committed a crime is a foreigner and the crime has the qualification of aggravated (aggravated felony in English) then as a general rule no bail will be fixed. So be a person with legal status, as a permanent resident or have a valid visa.
In the other cases in which the crime is not aggravated, a bond will be fixed or not, based on factors such as:
That the detained person presents no risk to the community. For this, the criminal history is taken into account, if any. Or if it has been rehabilitated.
If there are reasons to suspect that there is a risk that he “disappears” and does not appear when he is summoned by the court. This is taken into account, for example, if you have a family in the United States.
What happens when a criminal bail is requested and there is also an Immigration hold?
When a foreigner commits a crime it can happen that a criminal bail (for the offense) is fixed.
But it can also happen that the criminal bond has an Immigration hold attached. This usually means that when the criminal issue is resolved, the case will go to ICE. With what the person would be stopped.
That is why in these cases where criminal bail and immigration hold are given at the same time it is very important to consult with a lawyer to see what is the best way to go before paying the criminal bail. It is about avoiding paying the criminal bail but not achieving the release of the person, because it is held by Immigration.
When is the case of an immigration bond?
When an undocumented person is arrested or arrested but no crime has been committed.
Is a foreigner who is detained because he is illegal but has not committed any crime has the right to have a bail set and after his payment is left free until his case is resolved?
No, it is not always possible. You look at the circumstances of each case, particularly if you have any chance of fixing your situation.
Who can set the immigration bond?
An ICE official, which is the government agency in charge of arresting or detaining foreigners. If the ICE does not fix it at times, a hearing before an immigration judge may be requested. Also in some cases it will be possible to go to a hearing ( hearings ) before a judge to try to obtain a reduction in the amount of the bond set by the ICE.
How much does it take to average the time to appear before the Immigration Court?
How many types of immigration bonds are there?
One, which is known as the I-352 form of the ICE. But it admits four varieties:
G (1), which is what is known as Delivery Bond. It is the most common.
G (2), it is known as Public Safety Bond, to ensure that if the alien is released and causes some public spending, the government will get that money back.
G (3), which is known as Voluntary Departure Bond.
G (4), it is known as Order of Supervision Bond, or its acronym OSUP. Guarantees that a foreign person appears before an ERO officer each time he is scheduled.
If an immigration bond is paid type delivery bond, what is being guaranteed?
This is probably the most frequent type of bail. Its objective is that the foreign person who is now detained be released upon posting the bail and be able to live with his family and consult more freely with a lawyer while his case is being decided.
The person who pays this type of bail is committed to the detainee who is released:
It will be presented to ALL audiences (hearings) for which you have an appointment in the Immigration Court. If you do not show up, a document known as I-340 (Notice to Appear) will be sent to the obligor (the person who left guarantor on bail ). That means that you must file in court on the date indicated to the foreign person for whom you gave the bond. If you do not, you can not recover the deposit. And the foreigner will have against him a deportation order issued in absentia.
Who will communicate all changes of address
Above all it is guaranteed that if in the end a deportation order is issued against you that will leave the country within the prescribed period. And it is that when a judge orders the removal of a person this does not mean that he is taken from the Court to the airport and is already sent to his country. You can appeal the deportation order of a judge. If the appeal is not made or lost, then the person who signed the bond as the obligor will receive Form I-340.
In it, you will be told the date and time in which you must deliver the person for whom you gave the bond to be deported. If you do not, you will lose the bail money.
What is guaranteed with an immigration bond of the voluntary departure variety?
You are given the option to leave the United States within a period of time. If the country is effectively complied with and abandoned within the set date, the deposit may be recovered. If ICE or a judge sets an immigration bond, who can pay it?
You can deposit the deposit in two ways:
- Directly a family member or friend of the detainee who is a citizen or legal permanent resident. In this case, the full deposit must be paid.
- Through an agent (bondsman) or company authorized to negotiate immigration bonds.
How much does it cost to sign an immigration bond with an agent?
If you go to an agent for the deposit of the bail of immigration you are making a contract of the modality that is known as surety bond.
It is a contract that works in the following way. The agent ( bondsman ) guarantees to the Court that the detainee, if released on bail, will be presented to the court and, if necessary, will leave the country if deportation is ordered. On the other hand, the relative or friend of the detainee guarantees the bondsman that the detainee will do so.
You can only make this type of contracts with an agent or a company that is in turn agent of an insurer that has credit with the government of the United States and that is authorized to give migratory bonds.
The cost of the migratory type can be very different from agent to agent. But the premium is generally between 15 and 20 percentinitial (the payment made at the beginning). Once the premium is paid, it does not recover. It’s the cost of the service. For example, if the bond is $ 5,000 and the premium is 20 percent, you pay the initial cost $ 1,000.
But there may be more costs. Therefore before hiring it is very important to ask for more than one agent and ask, among others, the following:
- Do I have to pay to apply?
- Is there an annual renewal cost and if so, how much is it?
- Is there a minimum number of years that you are obliged to renew even if the case ends before?
- How is the cost to be paid fixed? Is it a percentage of the total amount of the bond or is it a fixed amount?
- Do I have to pay a fee for implementation?
- What happens if the person who wants to be a guarantor to release their loved one does not have the money to pay the premium?
Depending on the circumstances and the bondsman, in some cases it is possible to finance.
If a bondsman is hired for the payment of an immigration bond, is there any economic responsibility if the person detained upon release does not comply with the Court or the deportation order if it is issued?
Yes, if the detainee is released and does not comply with the process (for example, his deportation is ordered and he does not leave the United States) then the entire bail must be paid.
In the previous example, the bond was set at $ 5,000, and when contracting with the bondsman, $ 1,000 was paid as an initial premium. In case of default of the guaranteed person, the guarantor will have to pay the remaining $ 4,000 to the bondsman.
But how is the bondsman guaranteed to be paid?
Because at the moment of signing the contract with the bondsman so that he proceeded to deposit the payment of the bond, the collateral was determined.
What is collateral?
To pay an immigration bond through a bondsman, not only is the initial premium paid, but a collateral must be left. It is a guarantee that serves to ensure that the bondsman does not lose money in the event that the person for whom the bond is given does not fulfill his obligation to appear at the court hearings or to comply with a deportation order. In this case, the bondsman could not recover the bond, then he will collect by executing his rights on the collateral.
How much can the collateral be?
They can ask that the collateral be guaranteed with the total amount of money requested as a deposit, in fact, that is very frequent. Or they can also request a smaller amount, such as 50 percent.
However, particularly in those cases of non-full collateral, the contract must be well examined and even compared to what other bonding agencies offer. You have to read everything, even the fine print.
Because what at first glance may seem like a good offer, it can be expensive in the long run. For example, because a very high annual renewal premium or for a minimum number of years that may exceed those of the case is a condition.
What can be given as collateral?
Actually anything of value that accepts the bondsman. It is generally going to be a house that has property title, car, any type of real estate, treasure bonds, etc. Some agents even admit the credit of one or several credit cards, belonging to one or several people.
When is the collateral lasting, that is to say until when the goods given as collateral are subject to that obligation?
Until the Court notifies the bondsman that he no longer has that obligation. That is to say, that the case has been definitively closed and has ended in one of the following ways:
- Allowing the immigrant to stay in the United States
- He has left the country deported
- Has left the country voluntarily, in cases where it is possible
- Has died
- You are held for 30 days or more for a local, state or federal matter.
- Once the notification occurs, paperwork will be done to cancel the collateral.
- How long does the detainee take to be released once bail is paid?
- It depends on where you are detained. It can go from one hour to six or eight.
- If you sign an immigration bond with a bondsman, what are the obligations?
- Pay the initial premium.
- Pay the annual renewal premium if there is one.
- Make sure that the immigrant goes to all appointments with the court and, if a deportation is finally agreed, that is actually presented to proceed with it.
Respond with the goods indicated as collateral for the entirety of the immigration bond if the immigrant upon release does not comply with his obligations to appear in court and comply with the orders of an immigration judge, particularly the deportation judge, if it comes to be dictated.
In which cases will bail not be allowed?
- When there is a prior deportation order
- When the detainee has served a sentence for a crime of at least one year in prison
- When it is believed that there is a risk of not showing up for court hearings or an appointment with an immigration officer.
- When it is considered to be a risk to the community or to the security of the United States.
Is it possible that a person who has just crossed the border illegally and is arrested can be released after posting bail?
It will depend on the case. In most it will be very difficult. But of course it is not impossible. If there is already a removal order issued against the detainee, the matter is complicated, since it will only be possible if the case can be reopened, for which you must have a lawyer.
If there is still no removal order and it is believed that there may be a chance to have an immigration case, such as having a reasonable asylum case, it is best to contact an immigration lawyer in the area where the center is located. of detention ( This is the database of lawyers, you can search by specialization and location ).
If you do not have money you can check with the website of the Bar Association of the Stateand see if they offer pro bono services for these cases or with non-profit organizations such as Catholic Charities.
What happens if neither the ICE nor the immigration judge sign a bond?
The detained person will continue to be, even for a long time until his case is finalized. Or in some cases you can accept the ICE’s allegations against you and get a quick removal (removal) from the United States. Before making a decision it is very convenient to meditate well and know all the possible consequences, of one decision or the other.