What are the Two Types of Immigration Bonds?

If you have a loved one detained for immigration reasons, knowing immigration bonds and how they work can help you keep them out of ICE custody.

There are two main types of immigration bonds: delivery bonds and voluntary departure bonds. These are rewarded to detained immigrants who are not considered a threat to national security or public safety.

Delivery Bond

A person detained by ICE can request to be released on a delivery bond. This is the most common type of bond rewarded to detained immigrants.

They must have received an arrest warrant and custody conditions notice from ICE. Then, the court takes into account the severity of the person’s crime and sets a bail amount.

Once the bond is posted, the detainee will be released temporarily on the understanding that they need to show up in court for their scheduled hearing. Being out on bail allows the immigrant to personally see to their affairs, such as finding an immigration lawyer.

Voluntary Departure Bond

A person detained by ICE for illegally residing in the U.S. may voluntarily agree to leave the country, within a specified time frame and at their own expense. In cases like these, the presiding immigration judge will grant the person a voluntary departure bond.

By agreeing to the terms of this bond, an illegal immigrant need not be forcibly removed from the country. However, the bond is in place to guarantee that the detainee will leave the country within the agreed-upon time frame.

If they fail to leave, the bond will be forfeited, and the person will receive more charges. On the other hand, if the immigrant adheres to the terms, the bail amount would be refunded.

Ways to Pay an Immigration Bond

There are two ways to pay for an immigration bond:

Surety Bond

In cases where the detainee’s friends or family cannot afford the bail amount, they can work with an immigration bond agent to get a surety bond. The agent will shoulder the bail amount and charge 15 to 20% for their service.

The detainee’s party needs to pledge certain assets to cover the cost of the bail amount in case the detainee flees and forfeits the bond.

Cash Bond

If the detainee’s friends or family members can pay the bond amount in full directly to ICE, it’s considered a cash bond. If the detainee makes an appearance in all mandatory court hearings, the bond will be refunded.

Why Trust Amistad Bail Bonds

A friend or a family member being detained can be a terrifying and stressful time. Amistad Bail Bonds helps you go through the immigration bond process smoothly.

With our fast and considerate bail bond services, your loved one can be out of ICE’s custody and on their way to finding freedom in no time.

Schedule a free consultation today.

What is a Voluntary Departure Bond?

The voluntary departure bond is one of the requirements for an alien to be granted voluntary departure from the United States.

According to US Code 1229c, voluntary departure is  when an immigration judge permits an alien to depart the United States by their own accord.

Opting for a voluntary departure needs to be requested from the Attorney General during the initial process of deportation. Ideally, the detainee should request the immigration proceedings, but the detainee or legal counsel can still present the offer midway.

If the alien is suspected of terrorism or gets charged with an aggravated felony, however, their voluntary departure request will likely get denied.

The Purpose of a Voluntary Departure Bond

Should the alien decide to depart voluntarily, they have up to 120 days to do so. It is crucial that the alien leaves the United States within the scheduled time.

For this reason, the Attorney General may decide to impose a bond in the amount necessary to make sure that the alien has departed the United States within that specified time. This, effectively, is the voluntary departure bond. Once the alien is confirmed to have left the United States within the specific time, the bond will be refunded.

How Much is a Voluntary Departure Bond?

The voluntary departure bond is usually set with a minimum of $500, though the judge may require a larger amount, if that will ensure the alien leaves within the allotted time period.

However, if the alien fails to depart in the scheduled time, the bond will get forfeited and the detainee faces the possibility of getting charged.

Why Would you Choose Voluntary Departure?

Why offer to voluntarily remove yourself from the country, especially at your own expense?

One major benefit of opting for a voluntary departure is that you will not be detained or held in detention until your scheduled departure. For individuals arrested and under threat of deportation, the plea and the bond prevents the case from going to immigration court and they will not be forcibly removed, allowing them to get their affairs in order and make preparations for their departure during the 120 days given.

Opting for a voluntary departure can also present a good image to the court, showing that you are willing to cooperate under the law and could lend a better opinion of you and your family, and leaves the door open for reentry at a later date.

Usually, a voluntary departure is a last resort for immigration cases where the chances of a positive outcome are unlikely. In these cases, the offer to depart voluntarily can have a positive impact on your chances in the future.

Amistad Bail Bonds provides bail bond services in North Carolina. If you have an immigration case pending and are looking for options to finance your voluntary departure bond, contact Amistad Bail Bonds now..

 

What to Do If You’ve Been Charged With a DUI in North Carolina

Charged with a DUI in North Carolina?

Is this your first time?

Then you are at the right place. The consequences of a DUI conviction extend beyond the arrest date. North Carolina’s DWI law prohibits motorists from driving while intoxicated or impaired.

Depending on the charge, your vehicle will be withheld for ten days after the arrest. You may also face other DUI penalties such as jail term (of up to 36 months), do community work (up to 72 hours), or pay fines of up to $10,000.

Your next course of action will depend on whether the DWI charge will carry severe consequences. Here’s what to do after a DUI charge for fair outcomes:

1. Do Not Answer Any Incriminating Questions Without a Lawyer

Police officers may try to get you to incriminate yourself when charged with a DUI in NC. The arrest may also put you in distress, thus making you plead guilty when you’re innocent.

Only give your name, insurance information, license, and registration documents to the police. Don’t answer the police when asked if you were driving under the influence. You risk facing severe consequences after answering any potentially incriminating questions.

Lying will also worsen the situation since police officers are trained to spot incongruences in your responses. Ask to speak to an attorney if the questions asked seem to jeopardize your case.

2. Take the Chemical Test After the Arrest

Under North Carolina’s implied consent law, you must take a chemical test when charged with a DUI. The test should only be administered once a police officer has adequate reason to believe that you were driving while impaired. You’ll submit to the test through a breathalyzer or blood test to measure your blood alcohol content.

The officer should inform you of the risks of refusing to take the test. DUI in NC penalties includes losing your license for one year or getting your license restricted for six months.

Refusing to take a chemical test won’t guarantee your innocence in a DUI case. The prosecutors may use this gesture as evidence in court. The police may even obtain a warrant to subject you to a mandatory blood test.

3. Locate a Bail Bond Company

Seek the expert services of a bail bond provider if your DUI charge requires you to post bail. The company will require an upfront fee for them to post bail on your behalf. Often, this is a better option than paying bail directly to the court.

The bail bond company guarantees that you will attend your hearings when required. They will dedicate their resources to look for you if you fail to show up.

4. Record All Details of the Events Leading to Your Arrest

Record the details of events that lead to your arrest. You may write this information down or record it on your phone’s voice notes app. Write down what you said to the police when they pulled you over and what they said back to you.

If there were any potential witnesses at the time of the arrest, ask your attorney to contact them. These witnesses may include passengers in your vehicle or any person at the scene of the arrest.

Your records will help the attorney in creating a suitable defense strategy for the DUI case. It will also help them counter any misleading arguments brought by the prosecutors.

5. Determine If You Need a DUI Attorney

Hire an attorney if you intend to take a “not guilty” plea at your court hearing. You may take this plea if you believe that the breathalyzer used to measure your BAC was faulty. The plea may also be ideal if you were not intoxicated or impaired at the time of your arrest.

A DUI attorney can help you build a solid case to challenge the prosecution’s allegations. They can also guide you through the complex legal procedures involved in the case.

Your lawyer may also help you get your driving privileges back if you take a “guilty” plea. Weigh the potential consequences of the North Carolina DUI charge when determining the need for a lawyer.

6. Request a DMV Hearing

You have up to ten days after your arrest date to request a DMV hearing formally. This hearing helps determine whether you qualify to keep your driving privileges. You risk losing your driving license for up to a year if you fail to notify the North Carolina DMV (NCDMV) about your DUI charge.

NCDMV will notify you via mail regarding your eligibility for the hearing. They will also inform you about the deadline for making the requests and the associated fees.

The DMV requires you to mail a completed administrative hearing form to the appropriate address. They will only process your request once you pay the applicable fee.

7. Obtain a DL123 Form

A signed DL123 form obtained from a licensed insurer is needed to prove that you have the required DUI insurance. This form helps you get your driver’s license back since the NCDMV doesn’t require SR-22 forms.

As a state-maintained insurance coverage, it’s pretty costly than the standard insurance policy.
Your auto insurer should give you a car policy with a DL123 form attached. The DL123 form should list your name, the effective/expiration date, and the date of issuance.

Your insurer must submit this form on your behalf to improve your likelihood of getting your license back. It is only valid for thirty days from the issuance date as mandated by the NCDMV.

What’s Comes Next After Being Charged with a DUI?

Knowing your rights after being charged with a DUI can help improve the outcomes of your case. Use the practical tips discussed in this guide to ease the stress that comes with a DUI charge.

We are a leading bail bond provider operating in the Triangle area of North Carolina. Thanks to our decades of experience in issuing bail bonds, we can help get your loved one out of jail quickly. Request a consultation with our licensed bail agents today for free.

Immigration Arrest: What to Do If You’re Detained by Immigration

Everyone has heard the horror stories about families separated by Immigration and Customs Enforcement. It can be a scary thought, and you might not be sure exactly what to do to protect yourself from that.

The first thing you should do is to stay calm. Even if you get detained during an immigration arrest, you shouldn’t be forced out of the country right away. There’s a process to go through before that happens.

If you are detained and asked to leave the country, you most likely will get to see your family again before you have to go. You will have time to make plans for what to do if that happens. In most cases, this is the worst thing that will happen.

But, understandably, you might still be concerned. That’s why this article will guide you through what to do if you or a loved one are detained by ICE so that you’re prepared for whatever happens.

Be Prepared For An Immigration Arrest

If you feel that you’re at risk of ICE detaining you, then it’s best to have a plan in place. Make sure you know who you’re going to call before you get detained. This could be a loved one who knows the plan or a lawyer.

Make sure you know where ICE tends to pick people up. Usually, they do this during workplace raids, but they may also come to your house. It is also becoming more common for ICE to approach people on the streets.

Keep an eye out for new unmarked vehicles around your house. Sometimes ICE uses white vans for stalking people to learn their daily routines before making an arrest.

ICE may use certain tactics to get inside your home without a signed warrant. They may say that they’re looking for someone else or that they’re with the police. In most cases, this is completely legal, but you don’t need to let them inside your home because of that.

If they do not have a warrant, then ask them to come back with one. Otherwise, don’t let them inside your home. You shouldn’t lie to officers, but you shouldn’t answer questions without a lawyer present either.

You may also be detained during routine traffic stops. If this happens, don’t answer any questions about immigration status. ICE may ask to interview you when your information is entered into the system, and that is when you will be placed in their custody.

Know Your Rights

Once you are actively in immigration detention, you should be aware that you have rights according to the United States Government. Make sure to exercise these rights as quickly as possible once you’ve been detained.

The main two rights that you have to remember are the right to remain silent and the right to legal representation. You get the option of these two rights under United States immigration laws. However, a lawyer will not automatically be provided for you.

The first thing you should do once you are in custody is to announce that you wish to have an immigration lawyer present. Then announce your intention to use your right to remain silent. After this, answer no questions beyond confirming your intentions.

Again, do not lie to any ICE or police officers. They can use this against you later in immigration court. However, you should be aware that your right to remain silent means that you do not have to answer any question asked by an officer.

Your lawyer will know what questions to answer and not answer once they arrive. Ideally, you will have met with your chosen lawyer beforehand at least once to discuss a plan for if you are detained. If you haven’t done this, then be sure to ask for identification before speaking to anyone.

Remember that if you answer any questions before your court date, the court will assume that you waived your right to remain silent. This is why it is so important to only speak to your lawyer.

Get a Bond

Once you have a lawyer and a court date, the next thing you need to do is get yourself out of immigration detention. Usually, you will have some type of bail that lets you leave until your court date. That’s why your next step should be to get a bail bond.

There are three different types of bonds that you might be looking at for immigration court. Each type should get paid back once you meet certain requirements.

The first is a simple delivery bond. This is commonly used for those who also have other criminal charges against them. It’s meant to ensure that you actually arrive at court so that you can get your money back.

The second is a voluntary departure bond. This comes with an agreement that you will leave the country on your own once you’re released. You will get your money back when it’s confirmed that you’re no longer in the United States.

The third type of bond is an order of supervision bond. This does not require you to leave the country. Anyone who has this may live and work in the United States until their court date.

However, if you have an order of supervision bond, then you must follow certain rules that ICE will give you. You may have an ankle monitor put on you. There may be certain places that you’re not allowed to go to, like bars.

Your goal now is to be able to leave and be with your family until your court date. This is the final step towards making that happen.

Get Bonded Today

If you or a loved one are the victims of an immigration arrest, then don’t wait. Make sure you have a plan in place to walk out of the detention center freely.

You need a reliable bail bonds team to help you with this. That’s why you should trust Amistad Bail Bonds. We’re here to help you get back to your family, and we serve bonds for immigration courts nationwide.

Find an agent today and see how we can help you get back to your family.

Making Bail: Average Cost By Crime Type

If the first thing on your mind when your loved one or friend calls you from jail, letting you that they need help, is, “How are we going to afford to get them out?”, then you need to check out this article.

It is a scary and stressful time when you receive that phone call, and we know the steps you can take to get them out as soon as possible. Below we will go over what bail is, how it is calculated, and how you can pay it.

What Is Bail?

Bail is usually some type of bond, property, or cash that someone gives to the court to be released from jail after an arrest. The purpose of posting or paying the bail amount is to ensure that the defendant will return for their scheduled court appearances.

If a defendant is a danger to society or a flight risk, their bail is typically higher, or they’re not allowed to post for bail. When the trial is over, bail is generally returned to the defendant less a processing fee.

How Is Bail Cost Determined?

Generally, the judge will decide the bail amount by weighing certain factors such as the type of crime, how dangerous the person is, and the risk of that person fleeing.

In some instances, the defendant may leave jail without paying any money so long as they keep their promise to return for their hearings and trial. This is usually only if the defendant has indications that they won’t flee, such as having a stable job or roots in their community.

Other factors that a judge considers when setting bail include the following:

  • The defendant’s criminal record
  • The likelihood of the conviction for the crime
  • The defendant’s character and mental condition
  • The defendant’s financial resources

Bail Amount for Murder Charges

Murder charges usually do not have any bail set for the person due to the severity of the crime. For a 2nd-degree murder charge, bail can start around $250,000, whereas, for 1st-degree murder charges, the bail can skyrocket to amounts above 1 million dollars.

Bail Amount for Manslaughter Charges

There are two types of manslaughter charges that someone can receive: involuntary and voluntary. Involuntary manslaughter is when someone kills another person unintentionally. For example, if a drunk driver were to have killed a pedestrian, that is involuntary manslaughter.

Voluntary manslaughter would be if someone were to kill someone in the heat of the moment, for example, if someone were to get into a fight and one party grabs an object and hits the other on the head, killing them.

Voluntary manslaughter is also considered unintentional since the defendant didn’t intentionally plan to kill the other; it just happened in the heat of the moment. The bail for voluntary manslaughter can be around $100,000, and involuntary can start at $50,000.

Bail Amount for Immigration Cases

Immigrants detained at the border or arrested in ICE raids can sometimes be released after paying a cash bond. These amounts for this type of bail can range from $1,500 to $250,000. We understand that there are a lot of families who cannot afford this amount, so we service immigration cases nationwide.

Bail Amount for Arson Cases

Arson cases where there is the intent to harm other people can carry a bail amount as high as $200,000. Arson crimes started because of a riot or a protest can have a bail amount of $150,000. If the defendant committed the crime in a park or a forest, the bail might be around $50,000.

Bail Amount for Drug Possession Cases

Bail for drug possessions can vary based on the type of drug, the state the offense was in, previous drug charges, and if there was an intent to sell. If this is your first time possessing illicit drugs, you may have a bail bond set at $2,500, but if this your second offense, it could be around $5,000.

Bail Amount for DUI or DWI

A first offense DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges can be between $500-$2,500, and second offenses can be around $10,000. The more offenses someone commits, the higher the amount gets, and after four violations, the DUI or DWI turns into a felony with a bail amount of $50,000.

How Is Bail Paid?

There isn’t a restriction on who can pay for the defendant’s bail; if your family, friends, or coworkers want to pay for it, they can. The bail can either be paid directly to the court by pledging property or using a bail bondsman company.

Bail Bondsman

If you or your family cannot outright pay for the bail with your own money or property, a bondsman is another option. A bail bondsman or bail bonds company provides the court with something called a “surety bond,” which promises to pay to court if you fail to appear.

To obtain a bail bond, you or whoever is bailing you out will have to pay a non-refundable fee that amounts to up to 10 percent of the bail amount. Bail bondmen also will require collateral such as your car or your home if you fail to appear at court.

Pledging Property

Instead of cash bail, some courts will allow defendants to put up property such as your home as collateral. There must be equity in the property offered, and if you fail to appear, the court will seize the property.

Paying the Court Directly

If you can pay the courts for the bail outright, then the money will be returned to you at the end of the proceedings, less any admin fees. If you do not appear in court, that money is automatically forfeited.

Get Your Bail Settled Today

If you find yourself searching for “court help” or “bail South or North Carolina,” contact us as soon as possible so we can take care of you and your loved ones.

With decades of experience in the bail bond industry, we have effective strategies proven to get those we represent out of jail quickly. We offer free consultations, and we are available 24 hours a day, 7 days a week, so we are ready to help you at any time.

Arrested on Domestic Violence Charges? The Process, Explained

Did you know that if you are arrested for domestic violence, you will likely spend a night or two in jail? Even if you don’t get convicted, you will spend time in jail after your arrest while waiting to see a judge.

Domestic violence charges are very serious and could result in fines, jail or prison time, and orders to stay away from the alleged victim. If you are facing domestic violence charges, read on to learn more about what they entail, how domestic violence is defined, and the potential punishments you face.

What Is Considered Domestic Violence?

There are many different terms used for domestic violence, including spouse abuse, intimate partner violence, and dating violence. According to the North Carolina General Assembly, the term domestic violence encompasses a broad range of behaviors between many different parties.

Domestic violence in North Carolina is the commission of one or more of the following acts against a child or adult with whom the accused has a personal relationship:

  • Attempting to cause bodily injury
  • Intentionally causing bodily injury
  • Placing the aggrieved party (the victim) or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment that rises to such a level as to inflict substantial emotional distress

A personal relationship is also broadly defined and includes:

  • Current or former spouses
  • Persons of the opposite sex who live together or have lived together in the past
  • Parents and children
  • Grandparents and grandchildren
  • Those who have a child in common
  • Those who are current or former household members
  • Persons of the opposite sex who are in a dating relationship or have been in a dating relationship in the past

Dating relationships are defined as one in which the parties are romantically involved with each other on a continuous basis during the relationship.

What Happens if I Am Arrested for Domestic Violence?

Typically, law enforcement officers need an arrest warrant to arrest a person, however, there are some exceptions to this rule. For example, officers can make warrantless arrests in certain situations. If an officer witnesses a crime, they can make a warrantless arrest.

They can also make warrantless arrests for certain crimes that they don’t witness, including felonies (as long as there is probable cause) and some domestic violence offenses, which are most often misdemeanors. Officers can make a warrantless arrest if they have probable cause to believe that the following offenses occurred:

  • Domestic criminal trespass
  • Simple assault
  • Assault with a deadly weapon or inflicting serious injury
  • Assault by pointing a gun if a personal relationship exists
  • Domestic violence protective order (DVPO) violation

There is also a requirement for a mandatory arrest of an offender when the officer believes that they have violated a DVPO that excludes them from the residence or household of a domestic violence victim.

The 48-Hour Rule

North Carolina also has something known as the 48-hour rule. This means that a judge, not a magistrate, must set the accused person’s bond and release conditions. For most offenses, a magistrate can set these conditions and release will be quick.

However, this rule means that if a judge isn’t available right away, such as if the defendant gets arrested on the weekend, they may have to wait up to 48 hours until a judge is available. Once 48 hours pass, a magistrate may set the release conditions, but not before that.

The 48 hour period begins from the time of the arrest. Once a defendant is released after a domestic violence arrest, typical release conditions include:

  • No contact with the alleged victim, including at work, home, school, etc.
  • No assault, harassment, or threats to the alleged victim
  • Damaging or removing items from the victim’s property is prohibited
  • Child visitation may be limited
  • No alcohol consumption

Your first appearance before the judge will also set your future court dates, which you must show up for, or a bench warrant will be issued for failure to appear. The judge also may set a bond amount, depending on your prior record and the severity of the case.

If you can’t pay this, you will need to contact a friend or family member or a licensed bail agent. Once you are released, you can speak to an attorney about your charges and the best strategy for your case.

What Are the Penalties for Domestic Violence?

Most domestic violence charges are misdemeanors, but there are some instances where domestic violence will be charged as a felony.

Simple assault includes two different acts: an overt act or attempt and assault by show of violence. An overt act or attempt includes doing something or trying to do something that causes the person to be fearful of harm. This could include kicking, hitting, biting, or striking the victim.

Assault by show of violence requires three elements: the defendant shows that they have the ability to inflict the injury, their actions must be ones that would make a reasonable person fearful of harm, and the victim must take actions that they would not normally take as a result of the fear (for example, leaving a location because the offender is there or taking a different way home so the offender can’t follow them).

Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense.

Assault With a Deadly Weapon

Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony.  Any assault, assault and battery, or an affray with a deadly weapon is a misdemeanor offense that could result in 30 days in jail for the first offense and 60 days in jail for second or subsequent offenses.

Assault with a deadly weapon is a felony when the victim is assaulted and the offender had the intent to kill or seriously injury them. If there was a serious injury or the intent to kill, it is a Class E felony, which could result in 15 to 31 months in prison.

If both elements are present, then it is a Class C felony, resulting in between 44 and 98 months in prison.

Assault by Strangulation

Assault by strangulation is a domestic violence felony charge. It is a class H felony, which could bring between 4 and 25 months in prison. To be convicted of assault by strangulation, prosecutors must prove that the offender committed an assault on the victim and caused an injury by strangulation.

Are You Facing Domestic Violence Charges?

If you are facing domestic violence charges, whether they are misdemeanor or felony charges, you should consult with a criminal defense attorney. Don’t try to navigate the process on your own. An attorney will be able to help you understand your rights, defend you in court, make sure that you receive fair treatment in court, and may even be able to advise you on how to drop your domestic violence charges.

If you find yourself in a situation where you are arrested for domestic violence and can’t afford your bail, contact us at Amistad Bail Bonds. We are open 24 hours a day to serve you.

Most Frequently Broken NC Driving Laws

Breaking the law in North Carolina can lead to an arrest resulting in jail time. If it is serious enough, you may need to post bail to get released from police custody to come home and prepare for your court appearances.

Thankfully, there is something that you can do to avoid getting pulled over while driving. It’s simple really. Make sure you are following every single traffic law specific to the area that you are driving in. Driving is a privilege. These driving privileges can be taken away if they are abused in any way. Driving legally is the only way to prevent this.

Continue reading to learn about the most frequently made violations to NC driving laws.

Speeding

The most obvious driving violation in the U.S. is driving over the posted speed limit. Driving several miles above the speed limit can cause tragic car accidents ending in the death of the driver or other people.

There are two instances of speeding in North Carolina that drivers need to be aware of: basic speeding law and absolute limits. For basic speeding limits, you should not be driving faster than necessary regarding the conditions of the road.

Absolute limits refer to driving at a maximum speed of 35 mph within municipalities, 55 mph outside of municipalities, and 70 mph on interstate highways. Driving even ONE mile above the speed limit can garner a speeding ticket because of this absolute limit.

Reckless Driving

Speeding may be reckless behavior while behind the wheel, but there is so much more to reckless driving than that. Reckless driving means that you are driving with a disregard for your own safety and the safety of others. These behaviors might include:

  • Making illegal U-turns
  • Changing lanes in an unsafe manner
  • Forgetting to use turn signals
  • Stopping or turning suddenly
  • Tailgating other drivers
  • Showing off by burnouts, etc

A conviction for reckless driving is a Class 2 Misdemeanor. You can avoid this charge by following all local and national driving laws when driving.

Fleeing the Scene of an Accident

If you’re involved in an accident on a North Carolina roadway, stay put. It is your duty to stop when there is an accident. It’s against the law to leave the scene of an accident before making sure everyone is okay. When damage is caused, you have to give the injured party your car insurance information.

When the police need to be involved, you must remain where you are until they’ve had the chance to investigate.

Driving Without the Proper Paperwork

Driving without a driver’s license and insurance is a big no-no. Having these two items means that you are aware of all traffic laws and have the ability to perform them without an issue.

Having current registration and inspection lets North Carolina law enforcement know that your car is functioning without any potentially life-threatening issues. It means that your headlights, taillights, breaks, and seat belts are useable, therefore, giving you no reason to go against the law in any capacity.

Not Wearing a Seatbelt

In North Carolina, it is against the law to decide to be in a moving vehicle without wearing a seatbelt. If you are driving with children passengers, make sure that you are following the state’s child restraint laws to avoid getting cited for a violation.

The human body becomes a projectile in the event of an accident if seatbelts are not worn. In fact, any item that may become a projectile, in the event of an accident, should also be strapped down or kept in the trunk where it will not cause injuries. While the items in question may get ruined in the trunk, you will be glad that they were left back there if a serious accident did happen.

Driving Under the Influence

Driving under the influence of drugs or alcohol is very common despite it being against the law. Getting charged with a DUI or DWI is a very serious offense. Not only does it result in the revocation of your driver’s license, but it could also end your life.

The solution is simple: Don’t drink and drive. Order an Uber, have a sober person (designated driver) take you home, or walk home after a night of drug use or alcohol consumption.

Distracted Driving

Any behavior that takes your focus off of the road constitutes distracted driving. Driving while distracted is just as dangerous as any of the other violations previously mentioned. You should not participate in any activity where your eyes leave the road for more than a few seconds to check your speedometer, your gas levels, or your side and rearview mirrors.

Distracted driving behaviors include:

  • Texting while maneuvering the vehicle
  • Talking on the phone
  • Eating and drinking
  • Applying makeup or shaving
  • Listening to music or singing
  • Reaching for something in the backseat or on the floorboards
  • Paying attention to your passengers

It is illegal in North Carolina to use the phone while operating a vehicle if you are under the age of 18 unless there is an emergency. It is also against the law to read something on your phone screen while in motion, but stopping to do so is acceptable.

Follow NC Driving Laws

If you want to avoid getting a ticket while driving in North Carolina, you need to make sure you are following all NC driving laws. This is the only way to make sure that you do not get involved in a situation where driving illegally is the cause of the issue.

If you are getting charged with a driving violation in North Carolina, Amistad Bail Bonds can help you get out of awaiting your trial behind bars. Contact us today for more information.

What Is Public Intoxication and How Is It Handled with the Police?

Did you know that around 1.4 million incidents of alcohol-related violence are committed against strangers every year? Engaging in binge drinking or prolong drinking increases the chances of committing violent offenses. This is just one reason why public intoxication laws are in place.

What is public intoxication and how is it handled with the police? Read on to find out.

What Is Public Intoxication?

Public intoxication also refers to drunk and disorderly conduct or being drunk in public. This crime gets treated differently by police depending on the state you are in.

Some states point out that public intoxication disturbs the peace and can harm society. In these states, being public drunk is a crime.

Other states have a different view on being under the influence in public. The laws in these states pass the courts and take treatment approaches instead.

A lot of states that punish public intoxication as a criminal defense do so with several factors in mind. The prosecution must prove the following to convict a person of public intoxication:

Appearing in a Public Space

A place that is not open to the general public, like a private home or residence, is not considered a public place. The defendant must be in a public place such as a park, sidewalk, stadium, street, etc. Some states consider restaurants and bars as public places as well.

Some states can also punish intoxication if it occurs on private property without the knowledge of the owner. Trespassing on another person’s lawn is grounds for a public intoxication charge even if the area is technically private.

Being Under the Influence

Public intoxication laws state that the defendant must be under the influence of illegal drugs, alcohol, a controlled substance, or another intoxicant. Those under the influence of prescribed medications are not considered guilty of public intoxication if their behavior is traceable to that medication.

The prosecution must prove that the defendant is intoxicated through one or more substances. It is rare for states to require proof through a blood alcohol test or chemical test.

The jury often concludes that the defendant was intoxicated through the testimony of the arresting officer. Other witnesses of the situation will also present testimonies. Some states don’t require the defendant to actually be intoxicated, they only appear to be.

Causing Harm or Disturbance

A defendant must create a disturbance to get charged with public intoxication. This could be harming property, injuring another person, or posing a threat to oneself.

This element is in place to prevent police officers from arresting those under the influence legally without creating a problem. A lot of states use disturbance as a broad term that could mean using offensive language or even blocking sidewalks.

Penalties for Public Intoxication

The state can classify the behavior from public intoxication as a crime or medical condition. Depending on the conviction, the consequences will vary.

Public intoxication gets considered a misdemeanor in multiple states. This means the consequence could be jail time, probation, fines, or community service. Bail bonds are often used to cover a public intoxication fine because they offer payment plans.

The first offense could mean jail time and a fine if you get convicted in a state like Indiana. In California, a defendant under the influence of only alcohol can be spared criminal charges if the enforcement officer takes them to a sobering facility.

Individuals can get charged with a felony offense if they violate other laws while under the influence. The level of intoxication is not an excuse for breaking well-known violations and laws. Even though there is proof that intoxication affects decision-making, the court will not accept it as a defense.

If public intoxication is classified as a medical condition, law enforcement officers usually have to take offenders to a facility for treatment. This occurs in Alaska because they do not think of public intoxication as a criminal defense.

Other states require the officer to bring the intoxicated individual to their home or detain them until they aren’t intoxicated. States that do this don’t allow officers to make a record of the accident.

Public Intoxication Charge Defenses

There are defenses to public intoxication charges that can help someone fight against the charge. There are some common examples of this type of charge, including no intoxication, no disturbance, not a public place, and prescription medication.

No Intoxication

A defendant can argue that they weren’t intoxicated during the arrest. This is a hard defense to win because judges and juries lean towards what the arresting officer says. There must be concrete evidence to win with this defense, such as getting a blood alcohol test.

No Disturbance

The defendant can use evidence to prove that they were not causing a disturbance or harm. Witnesses get called to prove the defendant was not bothering anyone.

Not a Public Place

If the arrest was not made in a public place, the defendant could use this as a potential defense. This defense can also be used if the defendant was involuntarily in a public place.

Prescription Medication

If a defendant was under the influence of medication prescribed by a professional medical expert, they can argue the arrest. A defendant must prove that the medication is what forced their behavior.

What to Do if You’ve Been Charged

Being drunk in public or under the influences of other intoxicants can get you a public intoxication charge. The statutes regarding public intoxication are different in every state, but most states refer to public intoxication as a misdemeanor or criminal charge.

If you or someone you know has been charged with public intoxication, bail bond services can help you out. A bail bond from Amistad Bail Bonds can cover your charges and get you out of jail sooner. Contact us today to start the bail process.

ICE Bonds: Immigration Delivery Bonds Explained

If you or a loved one have been detained by ICE, you know it can be a scary and confusing experience. Knowing your rights when dealing with an ICE agent is important, but unfortunately, that’s not always enough.

Sometimes, a person is granted an immigration bond in order to be bailed out. The two types of immigration bonds are voluntary departure bonds and delivery bonds.

In an ideal situation, you’ll be granted a delivery bond. Let’s get immigration bonds explained before we look at the differences between the two types.

Immigration Bonds

Before discussing the differences between the two types of immigration bonds, you should understand exactly what an immigration bond is.

Simply put, it’s a legally binding agreement made between the detainee and ICE that secures their temporary release under certain conditions. Bail money is paid as collateral, and the detainee is then temporarily set free.

The amount of a detainee’s bail is determined case by case and will depend upon many factors. Those factors will also be taken into consideration by the court when deciding whether or not an individual qualifies for an immigration bond.

Voluntary Departure Bonds Explained

Of the two types of immigration bonds, this one is the least desirable. A voluntary departure bond is a bond where the detainee agrees to leave the country of their own free will within a predetermined period of time.

There are several downsides to this. One obvious one is that an individual often doesn’t want to be deported, so leaving the country is a less than ideal option. On top of that, the detainee is responsible for all of their own travel expenses, which can make this incredibly costly.

Delivery Bonds Explained

A delivery bond differs from voluntary departure bonds in some very important ways. Of the two types, this is the one most people will be vying for.

Whether or not the courts grant a delivery bond will depend upon several factors. For one, the nature and severity of the crime in question will be considered. After the courts come to a decision, a bail amount will be set based on those factors.

Paying the bail amount grants the person’s conditional release. This release is granted with the understanding that the individual must appear in court for their scheduled hearing. If they fail to do this, ICE has the right to detain them, and the bail amount is forfeited.

The main reason a delivery bond is preferable is that it grants the person the ability to seek experienced legal counsel and focus on the details of their case. It also allows them the ability to lead a somewhat normal life for the time being.

Getting a delivery bond requires an arrest warrant and a custody conditions notice from ICE. As stated earlier, the judge will look at the specifics of the case before deciding whether or not to grant it.

What Now?

Now that you’ve had immigration bonds explained to you, you can move forward with a better understanding of how to best manage your or your loved one’s case. Just remember, knowledge is your greatest weapon.

Pros that know what they’re doing is your next greatest weapon. If you’re in need of professional bond services, click here to contact an expert.

What You Need to Bring to an Immigration Bond Hearing

Immigration to the United States is a complex process with many procedures that immigrants must follow. Immigrants who don’t follow these procedures could find themselves in custody and facing detention hearings to decide if they are a threat to national security

That’s why documentation is key so that immigrants can attend these hearings prepared. We’ve put together a list of documents you should bring to an immigration bond hearing. Organize these documents ahead of time and the hearing process will go smoothly.

Immigration Bond Defined

Immigration Bonds are funds held by the federal government during an immigrant’s detention hearings. Immigrants deposit these funds to guarantee that they will appear for all court proceedings to receive legal status to live in the United States.

Immigration bonds are necessary if an immigrant commits a crime or comes to this country illegally. Local law enforcement then takes this immigrant into custody and then transfers them to a US Immigration and Customs Enforcement division (ICE), detention center while their case is investigated.

Immigration Bond Hearing Review

The immigration bond hearing is the formal process where a defendant appears before a judge and requests their release from custody while their immigration case is under investigation.

During the hearing, an immigration judge (IJ) will review any evidence you submit to sho you can be trusted to follow through on all proceedings if you’re released.

Some of the factors they will consider include:

Immigration Sponsorship

Immigrants must have a sponsor who already lives in the US. The sponsor must be a legal resident who can support the immigrant during the immigration process.

  • Immigrants should ask their sponsor to prepare a sponsor letter that includes the following:
  • The sponsor’s home address, phone number and proof that they live there (i.e., utility bill); and
  • Description of how the detainee and sponsor know each other.

Family Ties

The IJ will study whether you have family connections in the US. These factors might reveal that you are responsible for taking care of minor children. These ties may also demonstrate that you’re eligible for a marriage-based green card.

Some examples of this evidence can include:

  • Letters of support from family members;
  • Photos with family members during holidays, birthdays, vacations; and
  • Copy of marriage certificate

Employment and Property Ownership

The IJ will consider whether you are a responsible member of the workforce. They also want to see if you will be financially independent to care of yourself.

Examples of this kind of proof include:

  • Letter of support from your employer or supervisor;
  • Paycheck stubs; and
  • Property deeds.

Community Connections

Another way you can show the IJ you are not a risk is to demonstrate your community ties. This evidence can show the judge how personally invested you are in your town.

Some examples of evidence you can collect to prove these ties include:

  • Letters of support from personal friends or community members who know you (religious leaders, neighbors); and
  • Letters describing volunteering activities or church membership.

Next Steps

If you have an immigration bond hearing scheduled soon, it’s your job to collect as much proof as you can to show the judge that you are not a risk. Talk to your friends, neighbors and employer. Ask them to write letters of support for you.

Don’t forget to check our website for more information about understanding immigration bonds. Contact us today for a free consultation and we’ll help you with this daunting task.