What to Do if Your Bail Bond Collateral Property Is Seized by the Court

Bail bonds. They can be the difference between spending time in jail versus spending time in your own home while a trial is pending. 

In the United States, about two million people need a bail bond every year. Unfortunately, not everybody that needs one has the cash to meet their bail demand. 

So, what can you do in that situation? You can use the collateral property. 

However, this comes with a catch. You have to meet the terms and conditions of the bail otherwise your property can get seized. 

How can your collateral property get seized by the court? What happens if it gets seized by the court? This is what you can do. 

What Is a Bail Bond? 

A bail bond is something that allows you to get the money that you need to at least temporarily get out of jail. It allows you to sit in your own home while a trial is pending rather than wait in jail. 

Bail bonds are typically a certain amount of cash that the court demands before they will release you from jail. 

The amount depends on the severity of your crime. For example, if you are a first-time offender and the offense is minor, your bail may not even cost $1,000. However, if the court deems you a big flight risk and the crime that you are accused of is serious enough, your bail bond could be hundreds of thousands of dollars. 

Typical conditions of a bail bond are that you have to appear in court for your trial and if you fail to do so, then the cash you paid in court will get seized. 

In other words, you have the chance to get that money back if you appear for trial. If you do not appear for trial, the court will keep your money. 

Collateral Property 

Now, not everybody will have enough cash to cover the demands of a bail bond. Fortunately, there are other options if you cannot come up with the cash. 

One of those options is to put up collateral. Collateral is when you put up an item that is worth the amount that the bond is asking for plus any outstanding liabilities. 

So, let’s say for example that you or a loved one are in jail right now. The courts demand $100,000 as the bail for this person to be granted a bail bond. 

However, you do not have nearly enough money in your bank account to cover this bail amount. However, your house could be worth $150,000. That is when you would qualify to use that as collateral property against the bail.

In this situation, you are risking your house to meet the conditions of the bail bond. This means that if you do not show up for a trial, the bail bondsman or the court can seize your house. 

What You Need 

When you are putting up the collateral property, you typically need to present the deed of your house or asset to a court. They will then review it and if it is accepted, the deed will be taken by them while you or a loved one are released from jail.

The court will keep the deed if the terms of the bail bond are not met. 

You do not have to be the one that has the deed in their name if you are the one that needs the bail bond. You have the option of having a loved one or friend put up the property themselves. A bail bond can have a cosigner that puts up the collateral property on your behalf. 

Keep in mind that if you are putting up the property on someone else’s behalf, their actions are going to affect whether or not you have a home to go back to when the trial settles. Make sure you know what you are getting into if you want to become a cosigner. 

Remember, the median home price in the United States is over $400,000 in 2022 and has increased by 30% just in the last two years. That alone is plenty of motivation to not skip bail, because replacing a home will be very difficult. 

What Happens if Collateral Property Is Seized? 

So you reach the point where you are risking losing collateral property. This mainly occurs when a defendant fails to appear at trial. This can be very bad news for loved ones or friends that cosigned bail for someone that did this. 

It means that they are going to be held responsible for paying the dues that the person who needed the bail bond left.

The collateral property is seized in this situation to recoup the money that was owed on the bail bond. A bail bondsman or the courts will take ownership of this property and unfortunately, you will no longer have a home. 

This can be a very real consequence of skipping a bail bond and that is why it is only recommended to put this up if it is your own property. Or, if you have your own assurances to make sure someone will not skip bail. 

Get a Bail Bondsman 

This is an overview of what happens when you put up collateral property and it gets seized. The main note to take away from here is that the defendant must appear in court for their trial. If they do not do this, then the collateral is forfeited. 

If you are considering cosigning alone, make sure that you understand these risks. 

Do you need to find a bail bondsman for your case? Get a free consultation with us today. 

How Does a Bail Bond Work: Everything You Need to Know

In the United States, immigrants account for 13.7% of the population. While many people are legal immigrants, illegal immigrants can be arrested by the Department of Homeland Security and taken to federal jail. 

In these cases, it may be necessary for the detainee to apply for an immigration bond. Do you want to learn more about the immigration bail bond process, the types of immigration bonds, and more? 

Keep reading this guide for everything you need to know about bail bond services for immigration. 

What Is a Bail Bond?

A bail bond is a way for defendants to post bail when they are unable to afford it on their own. It is paid by a bail bondsman or a bail bonds company on the behalf of the defendant and allows them to leave jail before their trial. 

Even after they post bail, a defendant is still required to attend all of their court hearings and comply with the terms of their release. If they fail to do this, then they will not be able to get this money back. 

What Is an Immigration Bond? 

An immigration bond is a type of bail bond. It releases someone that is in custody for an immigration violation. For example, if you have been detained and arrested by I.C.E., or the Bureau of Immigration and Customs Enforcement, you can use an immigration bond to gain release from detention until your court hearings.

This will enable you to reunite with your family and get the legal help that you need for your court procedures. 

Getting an immigration bond does not erase your charges or provide you with citizenship. Instead, it simply allows you to leave jail while your case is processing. If you are eligible for a bail bond and your bond is accepted, you still need to continue the hearing on your given court date. 

If you do not show up to these hearings, you will lose your bond and may face worse charges. 

Types of Immigration Bonds

There are a few different types of immigration bonds that are available to those in custody for immigration violations. 

First, there are delivery bonds. This is similar to a traditional bail bond and allows the defendant to leave custody until their hearing. They can spend time with their family and get the help of an immigration attorney as long as they show up to each of their immigration hearings. 

Another type of immigration bond is a voluntary departure bond. Rather than gaining release from custody until a hearing, this type of bond gives an illegal immigrant the opportunity to leave the country by a certain date. 

How Much Do Immigration Bonds Cost? 

The cost of bail bonds for immigration will depend on many different factors but is set by an immigration bond judge or a member of ICE. 

Often, things like criminal history, immigration status, and personal history will affect the price. For example, if the detainee is a known flight risk and may not return for their immigration hearings, they will typically have a higher immigration bond cost. 

The cost of an immigration bond can range anywhere from $1,000 to over $10,000 based on each of these factors. 

Luckily, you are able to get this money back if you meet all the requirements. As long as you show up for all of your hearings and follow the other terms of release, you will be able to get most of this money back. 

Still, it is important to note that it can take the government several months or even years to return the money. 

Immigration Bond Process

Learning more about the immigration bond process can help you understand what steps you need to take in order to receive your bond. 

One of the first things you should do is find a bail bondsman. They will help you learn more about your options when it comes to paying your bond. 

For example, you can choose between a surety bond or a cash bond. A surety bond is paid by a bond agent so you can release from detention. However, they will charge you a percentage of the bond amount. 

A cash bond allows your family or friends to pay the total amount of your bond to ICE.

The next step of the immigration bond process is your bond hearing. You can simply tell your judge at your first immigration hearing that you would like a bond hearing. You can also write a judge a bond hearing request letter to get your hearing scheduled as quickly as possible. 

When you go to your bond hearing, you should bring a sponsor letter. Your sponsor is someone who will take legal responsibility, including financial accountability, for you. You should also bring other supporting documents to your hearing that will prove that you have ties to your community. 

For example, you can bring letters of support from family members and friends, tax records, and any other evidence that you may be eligible for relief from deportation. 

Who Is Eligible for a Bond? 

Not everyone is eligible for immigration bail bonds. There are some things that will determine whether or not you are eligible. You will typically have a bail bond hearing where the judge will either grant or deny you eligibility for your bail bond. 

As was mentioned before, you may not be eligible for a bond if you are a flight risk. If you will not show up to your court proceedings or if you will try to make a run for it, the judge will likely deny your request for a bond. 

Another thing that will impact eligibility is your risk to the community. If you have a criminal record or another event in your history that shows that you are a danger to others, you will not be granted an immigration bond. 

If there is anything that is affecting your eligibility for immigration bail bonds, you may need to work with an immigration attorney. They can help you through the process and may be able to get you a bond, even if you have a standing deportation order. 

Who Can Pay an Immigration Bond? 

When you receive an immigration bond, it cannot be paid by anyone. Instead, you need to find someone that is a U.S. citizen or someone that is a Lawful Permanent Resident of the country. 

They will need to bring their social security card and a government ID with them when they pay the bond. 

You can also hire a bail bondsman or an immigration bond company to pay your bond for you. They will co-sign the contract and guarantee that they will pay the full amount of your bond if you miss any of your hearings. 

Whoever you choose to pay your immigration bond, you need to make sure that you trust them. They will get the money returned to them at the end of the case and will keep you accountable during the process. 

Why Should You Pay an Immigration Bond? 

There are many reasons why you should pay an immigration bond. One of the biggest benefits of paying this bond is that you will not have to stay in detention until your court ruling. Instead, you can spend time outside of detention with your family. 

This is especially important if you believe that you will get deported after your hearings. 

When you gain release from detention, you will also have the opportunity to meet with an immigration attorney. They will be able to help you with every step of the immigration process and may improve the outcome of your case. 

Finally, as long as you will comply with all the terms of your release, you will be able to get the money back after the court process is completed. This makes it less of a risk to pay your immigration bond. 

Need Help With Bail Bond Services? Find an Immigration Bondsman Today

When you or a loved one has been detained, getting an immigration bond can help free you from immigration detention. Learning more about this type of bail bond can help you through the process and can help you understand the legal terms of your bond. 

Do you need help with an immigration bond? Amistad Bail and Immigration Bonds can help! We specialize in the immigration bail bond process and can help you file your bond. 

Contact us today to learn more about our bail bonds process or to find a local bail bond agent to help you with your case!

What Is Bail? A Guide

On a day-to-day basis, prisons across the U.S. detain up to 700,000 people. More than half of these people are pre-trial detainees, yet to be convicted of a crime and are still legible for bail. 

We’ve all heard the term before, whether it’s from a television series, a movie, or from personal experience — but what is bail? Most people might know that paying bail allows you to get out of jail (for a limited time), but how does it work, exactly? 

If you want to learn the ins and outs of the bail process, just keep on reading. 

What Is Bail and How Is It Set? 

Bail equates to a downpayment for your freedom — for a short or limited time period until you’re either convicted of a crime or not. It’s essentially a bond comprised of cash that ensures you will turn up for your court-ordered trial date. 

If you fail to present yourself in court on this set date, you forfeit your bail, which the court may keep, and you’ll most likely receive a warrant for your arrest. 

So, who sets bail and what determines the amount? 

Most of the time, a judge is responsible for setting your bail. Due to the urgency of wanting to get out of jail as quickly as possible, most prisons across America offer standardized bail schedules for specific or common crimes. 

If you can pay the specified amount for your crime, you can usually get out of jail on the same day — but this is not always guaranteed. If you cannot afford bail according to the schedule, you can petition the judge to lower it.

This means you’ll have to attend a bail hearing or the judge can consider your petition during your arraignment (when you first appear in court). Either way, you’ll still spend time in jail until you can post the full bail amount. 

In today’s day and age, it’s becoming commonplace for algorithms to set bail amounts. In short, certain jurisdictions enter specific information about a defendant into an algorithmic program which then sets a score and a recommended bail amount.

Are There Any Limits on Bail Amounts? 

No matter the crime a person commits, the Constitution’s Eighth Amendment states that bail cannot be excessive. In other words, the purpose of bail is not to raise money to support the government or punish a person for a suspected crime. 

The key purpose of bail is to ensure a defendant appears in court on the specified date while ensuring they have their freedom until convicted of a crime. This is because the law states that a person is always innocent until proven guilty. 

However, the process doesn’t always work like this, in theory. In many cases, a judge may set a bail amount particularly high in order to keep a defendant in jail if they are dangerous or pose a high flight risk. 

What Are the Conditions of Bail? 

When it comes to a defendant’s release from jail, it all depends on a set of conditions they have to comply with. So, along with paying the bail amount, they need to ensure they stick to these conditions, otherwise, the judge can revoke bail. 

If you revoke your bail, you face a re-arrest and will return to jail. The conditions of bail depend on the suspected crime as well as a person’s criminal record/history. 

In some cases, a defendant must obey ”all laws and conditions”, while other conditions might only reflect the crime they’re suspected of committing. For example, if a defendant has a history of domestic violence they might have to obey the conditions of avoiding all contact with alleged victims.  

How To Pay For Bail: Your Options 

Depending on the alleged crime, bail amounts can vary greatly. In some cases, bail could amount to hundreds of thousands of dollars which many people might not have the immediate funds for. 

This is why there are a few different ways you can pay for bail. Some of the most common include: 

  • Cash 
  • A cashier’s check for the full amount 
  • Property or other forms of capital worth the full amount of the bail 
  • A bail bond — similar to a loan that helps you pay the full bail amount 
  • A waiver of payment which is a condition that you will appear in court at a required time/date

A note on bail bonds: most of the time you’ll have to front a downpayment of 5-10 percent of the bail amount. If you pay your bail in full when your case is over, it is then refunded, minus an administrative fee (depending on the bond provider). 

Avoiding Bail Based on O.R. 

Yes, there is such a thing as a ”get out of jail free card”. It’s called an O.R. where a defendant can petition to avoid bail and await their trial date based on their own recognizance. All this requires is that a defendant makes a promise and signs a waiver that they will appear in court on their set date. 

Most of the time, you can request an O.R. when you first appear in court in front of the judge. If you’re denied this request, you can go on to request a low bail amount. 

A judge might grant a defendant an O.R. based on the following: 

  • They have strong ties to the local community and are an unlikely flight risk 
  • They live in the community and have done so for many years 
  • They have reliable employment
  • They have a minor or non-existent criminal history 
  • They have a family and children that they support 
  • Despite previous criminal charges, they have a good track record of appearing in court 

The above conditions are not only applicable when applying for O.R., but also help to determine your set bail amount. 

Need Help Paying For Your Bail? 

If you or someone you know has recently run into trouble with the law and wondered ”what is bail?”, we hope this blog provides some clarity on how the process works.

The reality is that bail is not always achievable, while spending time in jail when you have a family to support seems impossible. If this is the case for you, Amistad is here to help with our bail bond service. 

Want to learn more? Get in touch for a free consultation.  

Your Document Checklist for Applying for Immigration Bonds

Immigration and Customs Enforcement detained 23,156 people in detention centers so far in 2022.

When a loved one is in an immigration detention center, the first thing you’ll want to do is figure out how to get them out. Immigration bonds make it possible for detained immigrants to await trial at home.

While about 70 percent of the people held in an immigration detention center are there for a month or less, others can remain imprisoned in detention centers for years.

Don’t risk watching your loved one sit behind bars awaiting their turn in immigration court. Find out everything you need to know about applying for immigration bonds right now.

What Is an Immigration Bond?

When a loved one gets detained because of immigration issues, you’ll need to get an immigration bond to get them released from custody while they await their immigration trial.

An immigration bond is one kind of federal bond used to free those detained by U.S. Immigration and Customs Enforcement (ICE). ICE is the government organization tasked with arresting and detaining foreign nationals who are not authorized to enter the country.

ICE can authorize the release of a detainee based on their own recognizance. In that case, a bond is not necessary. If ICE does not release your loved one from custody and sets a bail bond amount, you will need to explore their bond options.

If you’re not sure where your detained loved one is located, you can search for them here.

Who Can Get an Immigration Bail Bond?

Immigration bonds are available for detainees who meet certain qualifications. Many people in an immigration detention center are eligible for immigration bonds.

Those who are eligible can have the necessary bond money paid on their behalf. Those who are not eligible for a bail bond are forced to remain in a detention center while they await trial, which could be months or years.

The majority of people who are not eligible for immigration bonds are those with criminal records.

Types of Immigration Bonds

People detained by immigration have two options when it comes to immigration bonds. As long as the detainee is not a threat to public safety or national security, they can use either type of bond.

Delivery Bond

The purpose of a delivery bond is to allow the detainee to leave the immigration detention center with the assurance that they will be present for all required court appearances.

An immigration judge or ICE official can determine whether a detained immigrant can apply for a delivery bond. The detainee needs to have both an arrest warrant and a notice of custody conditions. Then ICE can release them on a delivery bond.

Once released, the person can be with their family and consult an immigration attorney to prepare for their immigration hearing.

Voluntary Departure Bond

Some detainees are given a voluntary departure bond. This type of bond gives the detainee the option to leave the United States at a set time and at their own expense.

If the person pays the bond to ICE in full, they will receive a refund for the bond once they leave the country. If they fail to leave the country by the set date, they will forfeit the bond money.

How To Pay for an Immigration Bond

There are two different methods you can use to pay for an immigration bond. These include surety bonds and cash bonds.

Surety Bond

A surety bond allows a detainee’s friends or family to pay a portion of the total bond amount. The bail bond agent will charge 15 to 20 percent of the full amount.

When you use a surety bond, the portion of the bond you pay is not refundable.

Cash Bond

A cash bond is when the detainee’s friends or family pay the full amount of the bond directly to ICE. As long as the detainee attends all of their required court appearances, all of that money will get refunded to the person who paid it.

In the event the detainee misses any or all mandatory court appearances, they forfeit the full bail bond amount.

Who Can Pay for an Immigration Bail Bond?

When ICE or an immigration judge sets the bond amount, anyone who knows the detainee can pay the bond as long as they have United States citizenship, a green card, or a valid visa. It can be a friend, a loved one, or someone else.

You can make the bond payment at the local ICE office.

Keep in mind that you will not be able to pay for the bond using cash or a personal check. The only bond payment accepted are cashier’s checks made out to the Department of Homeland Security.

Necessary Application Documents for Immigration Bonds

While any friend or relative can pay for an immigration bond, that person must have legal status in the United States. When applying for an immigration bail bond, make sure to bring the following documents:

  • Proof of legal status
  • Original Social Security Card
  • Government-approved photo ID (driver’s license or passport)

You will also want to have specific information about the person for whom you are paying the bond. You will need their full name, date of birth, and alien registration number.

What To Look For in a Bail Bond Company

There are many benefits to using a bail bond company to pay your immigration bond. Using a bail bond company can get you out of an immigration detention center more quickly.

Using a bail bond company can also result in a lower bail amount. Finally, it gives you the option to pay your immigration bond in installments rather than all at once.

Here’s what you need to consider when choosing an immigration bail bond company.

Meets Licensing and Insurance Requirements

It is important to use a bail bond company that is both licensed and insured. In the event something goes wrong, working with a company that is insured and licensed will protect your interests.

Before you sign an agreement, make sure to ask any bail bond company you are considering about their licensing and insurance coverage.

Good Reputation

You wouldn’t choose an immigration attorney with a bad reputation, would you? Not when your ability to remain in the country is on the line. Don’t put yourself or your loved one at risk by choosing a subpar bail bond agent either.

A bail bond with a poor reputation won’t get you the results you need. Your loved one will likely remain in detention for a longer amount of time. They might charge unfair prices or throw in hidden fees as well.

On the flip side, a reputable bail bond agent is more likely to work with you to get a bail bond payment schedule that works and get your loved one out of detention as quickly as possible.

Experience and Expertise

It is not enough for a bail bond company to have some years of experience with bail bonding. It is important to work with a bail bond company that has experience and expertise with the immigration courts where you live.

Bail bonds are complicated. You don’t want to waste your time working with someone who doesn’t know what they are doing. Make sure to ask about a bail bond company’s rate of success before you agree to work with them.

Affordability

For most people, affordability is important. But bail bonds can get expensive. It is up to ICE or an immigration judge to set the bail bond amount.

While you can negotiate with an immigration judge after the amount gets set, there is no guarantee you will succeed in lowering the amount.

With a bail bond company, it is important to make sure you are getting the best possible deal. You don’t want to be surprised by unexpected charges, hidden fees, or other unfortunate terms.

Make sure to ask up front what the bail bond company’s rates and terms are. Then compare their terms and rates to a few other bail bond companies to make sure you’re not paying more than necessary.

Get Your Loved One Out of ICE Detention ASAP

Are you trying to get a friend or loved one released from an immigration detention center? Immigration bonds are the most efficient way to get your loved one home where they can await their day in court.

Amistad Bail and Immigration Bonds has decades of experience providing bail bond services to the Triangle area in Raleigh, NC. Contact us today to connect with an immigration bail bond agent and schedule a free consultation. 

7 Factors to Consider Before Hiring a Bail Bond Company

The average length of pretrial detention is 26 days. Having a good bail bond company on your side is your best chance of navigating this process and getting released on bond.

The bail bond process can be confusing and overwhelming, especially if you are facing jail time for the first time. There are many factors to consider when choosing a bail bond company, from cost to reputation.

In this article, we’ll take a look at seven key factors to keep in mind when making your decision. This decision you make impacts your future. Keep reading for advice on how to find the right bail bond company for your needs.

1. Reputation

One of the most important things to consider when choosing a bail bond company is its reputation. A bail bond company with a good reputation will be more likely to help you get out of jail quickly. They will also do the work to create a bail bond agreement that is fair and reasonable.

In contrast, a bail bond company with a bad reputation may take longer to post your bail, and they may be less flexible when it comes to negotiating the terms of your bail bond agreement. As a result, it is important to do your research and choose a bail bond company that you can trust.

2. Cost

Bail bonds can be expensive, so you want to make sure that you are getting the best possible deal. It is important to compare the rates and terms offered by different companies before making a decision.

Be sure to ask about any hidden fees or costs that may be associated with the bail bond agreement. You don’t want to be surprised by any unexpected charges, so it is important to ask these questions upfront.

3. Experience

Make sure that the company you choose has a good understanding of the bail bond process and is familiar with the court system in your area. Bail bonds can be complex, so you want to make sure that you are working with a company that knows what they are doing.

Check to see how long they have been in operation and what their success rates are like.

4. Trustworthy

You want to find a company that will keep its promises and not take advantage of you during a difficult time.

It is always a good idea to consult with multiple bail bond companies before making a decision, as this will give you an opportunity to gauge the customer service experience.

5. Availability

Quite often the need for bail bond services arise at night. Always ask about availability and opening hours. A reputable company will have someone available to help you any time of day or night.

You should be able to easily reach the company by phone or email, and the representatives should be friendly and helpful. If you have any questions or concerns, you want to know that you can count on your bail bond company to help you out.

6. Licensed and Insured

When choosing a bail bond company, check to see that they are licensed and insured. This will protect you in case something goes wrong.

Ask the company about its licensing and insurance coverage before signing any agreement. By choosing a licensed and insured bail bond company, you can rest assured that you are protected in case of any problems.

7. Payment Options

Finally, you will want to ask about payment options. Many bail bond companies require collateral in order to post bail, so be sure to ask about this ahead of time.

Some companies may require a down payment, while others may allow you to pay the entire amount over time. Be sure to ask about all the different payment options available so that you can choose the one that is right for you.

Types of Bail Bonds

While we’re here, let’s look at the different types of bail bonds that can be posted in order to secure release from jail. The type of bail bond that is most appropriate in a given situation will depend on the severity of the offense, the amount of bail that has been set, and the ability of the accused to post bail.

The most common type of bail bond is a surety bond, which is posted by a bail bond company on behalf of the accused. If the accused fails to appear in court, the bail bond company will be responsible for paying the full bail amount.

Cash bonds are another option, but they are less common because they require the accused or a friend or family member to pay the full bail amount up front.

Property bonds are also an option, but they can be difficult to obtain if the accused does not own any property.

Finally, there is the option of releasing the accused on his or her own recognizance, which means that no bail is required but the accused must agree to appear for all court appearances.

In some cases, a judge may also require the accused to wear an electronic monitoring device or stay within a certain geographic area. Bail bonds can be complex, so it is important to seek professional help if you are facing charges and need assistance posting bail.

Your Future Depends on Hiring the Right Bail Bonds Services. 

When it comes time to hire a bail bond company, you want to be sure that you’re making the best decision for your future. That’s why we’ve put together this list of seven factors to consider before signing any agreement.

By taking the time to ask the right questions and do your research, you can ensure that you find a reputable bail bond service that will help get you through this difficult time.

Have you contacted us yet? We pride ourselves on providing excellent customer service and would be more than happy to answer any questions you have about our services.

 

How Much Do Immigration Bonds Cost? A 2022 Guide

According to the Pew Research Center, over one million immigrants arrive every year in the US. Immigration to the United States is a complex process.

It involves many procedures for an immigrant to follow. If an immigrant fails to follow these steps, they can be detained.

Do you or your loved ones need immigration bail bonds? If so, then learn more here.

Check our helpful guide to learn more about the purpose of immigration bail bonds and the immigration process. Then you can begin to enjoy your new homeland.

What’s an Immigration Bond?

Immigration bonds are deposited funds held by the federal government during the immigration detention process. Bail bonds for immigration work the same way regular bail bonds do.

Immigration bonds guarantee that an immigrant will appear for every proceeding they need to attend to receive permission to live in the United States. Immigration bond procedures will take effect if any immigrants commit any crime or don’t legally enter the US.

Law enforcement will take the immigrant into custody and transport them to a US Immigration and Customs Enforcement division (ICE) within the Department of Homeland Security (DHS).

After ICE takes custody of the immigrants, they transport them to immigration detention centers while they investigate each case.

An immigration bond is returned to an original payer when defendants receive approval to live in the United States. ICE bond refund procedures are lengthy. The full process usually takes several months to return the bond amounts.

Types of Immigration Bonds

An immigrant chooses between two categories of immigration bonds to be released from detainment while their investigation proceeds. If ICE finds that the detainee poses no threats to the public’s safety, then they qualify for one of the following bonds:

Voluntary Departure Bond

”Voluntary departure” means that if a detained immigrant wants to avoid detention, they will agree to leave the country within 120 days.

This agreement to leave also includes a requirement for the immigrant to pay a voluntary departure bond. A voluntary departure bond usually averages about $500.

The federal government will request the detainee to pay their departure bond when their federal immigration proceeding is done.

This voluntary departure bond represents the detainee’s pledge to honor the agreement that they leave the US. Voluntary bond funds remit back to the original payer when the detainee is officially out of the country.

Delivery Bond

A delivery bond guarantees the detainee’s temporary release as long as they promise to attend all of their immigration proceedings. A delivery bond usually costs around $1,500. This amount can also reach $10,000.

A delivery bond also allows a detainee to remain with their friends or family members. An immigrant can also use this period of time to contact immigrant legal help to guide them through the pending process.

Procedures for an Immigration Bond

If you or your loved ones are detained and request permission to live in the United States, there are immigration bond procedures they must follow. Here’s an outline of each:

  • Call the ICE Office connected to the detention center where your loved ones are detained.
  • Talk to an ICE representative and request their professional assistance. Tell your ICE representative that you request to schedule a meeting with them to pay your loved one’s immigration bond.
  • Make sure that the ICE office you called can accept bond payments from all US states.

When it’s time to have your scheduled meeting with ICE, it’s best to have a cashier’s check ready and written out to the DHS. You can’t deposit an immigration bail bond with cash or personal checks.

A professional bail bondsman can help advise you with this task as well as advise you on other necessary steps.

How Much Do Immigration Bonds Cost?

Initial immigration bond amounts are determined by DHS and the ICE district director. Minimum amounts for immigration bonds are $1,500.

An immigration bond amount set above the $1,500 minimum depends on several factors in the detainee’s case. ICE considers, for example, how long the immigrant lived in the US.

They’ll also consider the detainee’s criminal record, employment history, and US family ties. They’ll also look at whether the immigrant has a record of previous immigration violations.

Can You Appeal Bond Amounts Set Higher Than the $1,500 Minimum?

Sometimes an ICE director sets an initial bond amount higher than the $1,500 minimum amount. When this happens, an immigrant’s relatives can request an immigration judge to lower the higher amount.

This request can be submitted in writing or presented orally. Detainees or their relatives file what’s called a “Motion for Bond Redetermination.”

This motion requests a separate hearing during which the judge will decide on the bond issue alone. Find out more on a “Motion for Bond Redetermination” in this EOIR Practice Manual.

The “Motion for Bond Redetermination” should state the detainee’s reasoning that warrants a bond decrease.

It’s also appropriate for the immigrant’s family member to submit evidence in support of his or her request. Examples of this evidence can include proof of steady employment or a legally present family tie.

The final approved bond amount won’t change unless the reasons why an immigrant’s detention changes. For example, an immigration judge may decide that an immigrant’s pending criminal matter warrants a higher bond amount.

If the immigrant is found innocent, then the immigrant can request a lower bond amount. The immigrant can state that their changed circumstance justifies a lower amount.

Once these facts have been introduced, the judge can then make their final bond determination.

Immigration Bond Hearing Process

An immigration bond hearing is a formal setting where an immigrant appears before an immigration judge. When the hearing reaches a certain point, the immigrant can request their release from detention as their immigration case goes through the investigation process.

Immigration judges then review the facts to determine if the detained immigrant can be relied upon to attend all of their proceedings if they are released. Immigration judges consider certain factors to determine the detainee’s reliability.

These factors include:

Immigration Sponsorship

Immigrants coming to the US must have a sponsor who also lives in the US. Immigration laws require a sponsor to also be a legal resident who can support the immigrant throughout the proceedings.

A sponsor should put together a letter that includes their home phone number as well as their personal address.

A sponsor also needs to prove that they live at their referenced address. Utility bills that identify the sponsor as the paying resident are a good way to prove this residency requirement.

A sponsor’s letter should also include a description of how they know the detainee.

Copies of marriage certificates are examples of proof that support the personal connection. Photos during special occasions or holidays will also help demonstrate a personal relationship during the immigration hearing.

Family Ties

Immigration judges will also consider if the detainee has family members currently living within the US. Judges use this factor to see if the immigrant is currently responsible for caring for children.

Family ties can also demonstrate that immigrants plan to apply for marriage-based green cards.

Employment and Financial Independence

Immigration judges will consider whether the immigrant is working at a full-time job or is financially independent. Recent paycheck stubs or recommendations from a work supervisor will prove a reliable job.

An immigrant can also provide copies of their real property deed or apartment rental agreement to show they have financial independence.

Immigration Bond Refund Process

When an immigration proceeding is over, the immigration bond refund process begins. This is the point where ICE will contact the DHS Debt Management Center (DMC) and cancel the bond. After this step, the DMC forwards a bond cancellation notice to the original bond payer.

It’s crucial that you find immigrant legal help to guide you through these complex procedures. These professionals will help you secure a nearby resource to find the bond type you need. Securing the right bond is your first step in this long process.

What Are Your Next Steps?

If you or your loved ones are detained, this is your time to start gathering any evidence. Find your proof that shows you and your loved ones aren’t public safety risks.

As your bond hearing draws near, collect your utility bills, rental agreements, and old paychecks that show you are financially independent.

It’s easy to be confused when you’re new to a country. Be secure in knowing that the resources you need are available to help you with this challenging task. You can also find more insights on our website on the immigration bond process.

6 Major Benefits of Working With a Bail Bonds Service

In America, an arrest happens once every 3 seconds. No matter what you’re arrested for, the process is disruptive and can put your life on hold. But if a judge sets a bail amount, you have the opportunity to get back to a normal routine while waiting for a court appearance.

However, coming up with the full amount of bail isn’t always easy.

Working with a bail bonds service can help you get yourself or a loved one out of jail quickly. Here are a few great benefits of working with an experienced bail bonds company.  

1. You’ll Preserve Your Savings

When a judge sets bail, you have the option of paying that bail in cash, upfront. But if you’re like most people, coming up with the full amount isn’t possible.

By working with a bail bonds service, you’ll be able to post bail without having to use your personal savings or wipe out the money your family needs to pay for food, clothes, utilities, or rent.

The bail bond acts as a loan, letting you get the money quickly without forcing you to empty your bank account. Keep in mind that you’ll have to repay the bond eventually and the terms of repayment will depend on your unique situation.

2. You’ll Get Out of Jail Faster

After your arrest, you’ll have to wait for your trial. This can take anywhere from a few days to several months. If you can post bail, you can wait at home. However, if you can’t pay the full bail amount, you or your loved one will have to wait for that court appearance in jail.

You have better things to do than wait for a trial behind bars.

The best bail bonds services have extensive connections within the legal system and know who to talk to, how to pay, and what needs to happen to get your loved one or yourself out of jail quickly.

3. You’ll Be Able to Get Back to Work

Every day you spend in jail is a potential day of work you miss. The more work you miss, the more likely it is that your boss will have to hire a new employee to pick up the slack.

That puts you at risk of losing your job just because you’re waiting for your court date.

When you work with a bail bonds service and let them help you post bail, you’ll be able to go back to work as soon as you’re released. That helps keep more money in your pocket. And it reduces your risk of losing your job right when you need it most.

4. It’s Affordable

When you work with a bail bonds service, the company pays the bail in full, but that doesn’t mean you have to repay them for the full amount of the bail. Instead, you’ll likely only be responsible for a percentage of the bail amount.

That percentage and the amount you’ll pay will depend on your personal situation and the agreement reached with the bail bonds service.

For most people, the interest rates charged are relatively low. Often, they’re lower than what you’d pay if you took out a personal loan or covered bail with your credit card. That means you’ll save money in the long run.

5. You Can Repay the Bail Bond Over Time

When you borrow money from loved ones, they set the terms for any repayment. If they need the money back in a week, you’ll need to find a way to get it to them as quickly as possible. Otherwise, you risk making it harder for them to cover their own expenses.

With a bail bonds service, you’ll be able to repay the company over time.

Your agent will work with you to determine a fair payment plan. Keep in mind that the amount you’ll have to pay depends on the amount of bail set by the judge. The larger the bail amount is, the more you’ll have to cover with each payment.

Once you start making payments to the company, do what you can to make them on time and in full. If you can’t or you’re going through a rough patch, let your bail bonds agent know immediately.

If you fail to make payments, the bail bonds company may take possession of anything you or your loved ones posted as collateral. This could be anything from jewelry and artwork to your car.

6. You’ll Have Someone to Hold You Accountable

Posting bail is a simple way to guarantee that you or your loved one will show up for their court date on time. If you miss the court date, the court gets to keep the bail money.

It’s in a bail bonds company’s best interest for every client to appear on time for their court date. It’s how they get their money back from the court. That’s why their agents will do what they can to make sure you get to court on time on your scheduled date.

If you’re someone that struggles to remember appointments or have trouble sticking to a schedule, the bail bonds company can help. Your agent will help hold you or your loved one accountable, so you won’t miss your court date.

Working With a Bail Bonds Service Makes Sense

If you need to post bail so you can get back to life as normal, paying out of pocket isn’t your only option. Instead, you can and should work with a bail bonds service to help you cover the full amount without draining your personal savings.

At Amistad Bail and Immigration Bonds, our experienced team is here to help you or your loved one get released quickly. Contact us today for a free consultation and see how we can help.

7 Things You Should Know About Immigration Bonds

In 2020, the U.S. Immigration and Customs Enforcement (ICE) department made 103,603 immigration-related arrests.

Many people coming to the United States overstay their visas. Yet others are here under the radar in violation of immigration law. In either situation, immigration officials face the problem of finding and returning these people to their countries of origin.

To make it easier to enforce immigration law, Congress passed the Immigration and Nationality Act. This law allows a government official to require an immigration bond for someone suspected of immigration violations.

If you or someone you love is detained, you can use immigration bonds to keep your loved ones in the country and out of exile.

Keep reading for ten things you didn’t know about immigration bonds and how to start the process today.

1. What Are Immigration Bonds?

The U.S. legal system has stricter immigration laws than many other countries, so it’s essential to stay informed. If your citizenship status is not accurately listed, you might be detained in prison for some time. This is when you may qualify to apply for an immigration bail bond.

An immigration bail bond is a type of government bond which you might be responsible for posting to release yourself or a loved one from immigration detention.

Before you’re released from custody, you must ensure that the court is satisfied that you will appear for all future court procedures.

When ICE lets you go, they will attach a bond to your freedom in the form of a promise to abide by any conditions set by the court. Only specially licensed agents can process an immigration bail bond.

Although you might get bail, it won’t erase your previous charges or status in the United States. You can get a bond and be released from jail while your case is being processed.

Once you’ve paid your bond, you are still obligated to show up for all court dates and report to immigration officials.

2. There Are Types of Immigration Bonds

The process for immigration to the U.S. is a little more complex than for other legal situations. People who have immigrated before know about the complexity that can arise. It’s all too common for people to be poorly informed, ill-prepared, and defer costs into the future.

Before you know the type of immigration bond you need, it’s important to understand what they are and how they work.

Immigration bonds come in two forms: the delivery bond and the voluntary departure bond.

Voluntary Departure Bond

A voluntary departure bond allows you or your loved one to leave the country on your own terms and your own expenses.

Once you pay the bond and leave the country, you will receive a full refund of the immigration bond amount. However, if you don’t leave the country, you will forfeit the bond amount and not receive a refund.

Delivery Bonds

A delivery bond is for an illegal immigrant who has been detained by ICE and qualifies for the bond by the immigration judge. This type of bond requires that you meet specific criteria. You can be issued a warrant of arrest and then get a notice on the terms of custody.

Delivery bonds allow the judge to make sure you turn up to all your hearings if you’re arrested. They also allow you to spend time with your family instead of sitting in prison.

3. Not All Detainees Will Qualify

People with a criminal background are historically incapable of being offered bail bonds and may not be able to receive them. The following conditions will prevent you from seeking the help you need:

  • You have a deportation order and are avoiding being removed from the country
  • You have past charges that are criminal in nature
  • A judge deems you a threat to national security or the community

Your immigration attorney can help you prepare strong evidence that you qualify for a bond. They might require documents or other proof of:

  • Close family ties: A letter of support from family members, a copy of your marriage certificate, or photos with family members or loved ones during get together and holidays
  • Immigration sponsorship: Ask a legal resident of the U.S. to prepare a sponsor letter that states how you know each other, their contact details, and proof of residence
  • Community ties and support: Proof of local organization membership (such as a church) or volunteering; letters of support from community members
  • Employment and property ownership: Proof of financial independence through paycheck stubs, letters of support from your employer, or property deeds

Documentation is essential to a successful immigration bond hearing. If you show your judge enough supporting documents, they’re much more likely to feel that you’re eligible for a bond.

4. Immigration Bonds Require a Hearing

An immigration bond hearing is a proceeding that allows the judge to decide whether to release you from custody while waiting for your deportation hearing.

What happens at an immigration bail bond hearing?

On the day of your hearing, you will be transferred from your detention to the courtroom. If there is no on-site immigration court at the facility, you may appear in front of a judge via video conference.

To attend a courtroom proceeding, you or your loved one must wear federally-issued clothes and shoes. Unless you have committed a violent crime and would need extra protection, the court will not require restraints like handcuffs or shackles. The bailiff will instruct you where to sit, and you cannot interact with anyone except your lawyer.

The judge will first determine whether or not the government has enough evidence to continue holding you in custody. If they do, the judge will deny your request for release and set a date for your deportation hearing.

If they don’t have enough evidence, the next step is determining how much money you need to pay as bail.

5. Immigration Bail Bond Costs Vary

The bond amounts are set by either an immigration judge or ICE. Factors like your criminal history, immigration status, and current employment situation can raise or lower the bond amount.

If there are significant U.S. family ties or a lack thereof, the judge will consider this.

There may also be different levels of bonds that you can obtain depending on your charges and level of risk to the community. The cost of immigration bonds can start as low as $500 and go over $50,000 or more.

You can pay for an immigration bond through a surety bond or cash bond:

  • Surety bond: When you or your loved ones work with a trusted immigration bondsman to pay the bond (cash or real property required as collateral).
  • Cash bond: When you or your loved ones pay ICE’s bond in full; once you’ve all made court appearances, the money is fully refunded.

6. You Can Appeal a High Immigration Bond Amount

If a relative has requested that an immigration judge reduce the initial bond amount, some will do so. You can submit this request in front of a judge or in writing.

You or a loved one can also file a “Motion for Bond Redetermination.” This would grant you a separate hearing during which the judge will consider the bond amount. Your motion should simply state why you believe the bond should be decreased.

Your motion should also include evidence supporting the request, such as proof of steady employment, land ownership, community involvement, or steady employment.

If the judge thinks there is sufficient evidence, they will determine an appropriate bond amount. The bond amount will typically not change again unless the circumstances related to the noncitizen’s detention change.

For example, if one factor the judge used to make the bond determination was a pending criminal case that has since been dropped or resolved, you can ask that the judge lower the bond based on the changed circumstances.

7. You Can Get Your Immigration Bond Money Back

Certain types of immigration bail bonds qualify for refunds. To get the bond back, you have to hold on to the original document you signed at ICE when you originally paid your bond.

Additionally, you or your detained family member must comply with the judge’s orders. This applies whether a judge orders you or your loved removed or grants relief.

Be sure that you or your relative understands that any missed hearings, attempts to flee proceedings, or anything of the like will result in all of the money being forfeited.

Schedule a No-Cost Immigration Bond Consultation

For anyone who has been arrested and needs an immigration bail bond, please get in touch with a trusted immigration bonds agent like Amistad Bail and Immigration Bonds. We will discuss options with you and your loved ones so that you can get back on the right path.

We are here to help you with any bail-related services 24 hours a day, seven days a week. Contact our office for a no-cost consultation.

What to Do When an Unauthorized Immigrant Gets Arrested

Did you know that unauthorized immigrants make up nearly a quarter of the US foreign-born population? If you or a loved one is an unauthorized immigrant, then you likely live in fear of potential ICE arrest.

While it can be a terrifying possibility to consider, it’s important to prepare. When you know how the immigrant detainment system works, as well as your rights when detained, you have the best possible chance at your immigration hearing.

That’s why we made this guide. In it, we’ll go over everything you need to know about what to do following an unauthorized immigrant arrest. Let’s get started!

How An Unauthorized Immigrant Typically Gets Arrested

Before we take a look at what to do when an undocumented immigrant gets arrested, we first need to take a look at how it happens. This is important because it determines how you can find the individual that’s being held in custody.

Usually, we think that ICE is the agency that handles all arrests. While they do perform the vast majority of them, the individual can be taken into custody by any law enforcement agency.

Typically, this happens if the unauthorized immigrant has a traffic violation or gets arrested for a criminal violation. But, for the most part, these individuals are likely to only be apprehended by ICE agents.

So, where does ICE typically arrest people? Most commonly either during a workplace raid or at the house of the individual. This is why you should never answer the door for an ICE agent if you’re an unauthorized immigrant.

Unless they have a warrant for your arrest, they can’t legally enter your home. Not sure of your immigration status? Follow this advice to find out.

Most of the time ICE will avoid sensitive areas, like places of religious worship, schools, healthcare facilities, and other types of public gatherings.

That being said, ICE agents have been known to use dubious methods like driving around in unmarked white vans and misidentifying themselves as police offers. While these methods are misleading, they’re unfortunately legal. 

What Happens Directly After the Arrest? 

What happens after your arrest depends on who you were arrested by. For example, if ICE agents arrested you, then you will likely be interviewed and placed into custody.

But, it’s not as simple if you were arrested by another law enforcement agency (or LEA). When this happens, the LEA will typically contact ICE and tell them they have a likely unauthorized immigrant.

ICE will then place a detainer on that individual. This is used when ICE agents can’t get to the person immediately. So, instead, they ask the law enforcement officers to hold them for some time until they can get there and interview the individual.

This will determine whether or not they’re taken into official custody. Legally, an ICE detainer cannot hold you for more than forty-eight hours. If this period passes, then it’s against the law to hold you.

That being said, many officers either don’t know this or will ignore it. Since this is a violation of your federal rights, you are entitled to file a petition with a federal court.

In it, you can either challenge the conditions of your detention or seek out civil damages. If you’re trying to find a loved one that’s been arrested, then your best chance is ICE’s online detainee locator system.

However, keep in mind that they likely won’t be in the system until ICE officially decides to take them into custody.

Also, remember that ICE doesn’t always put the people they arrest into custody. Often they will let parents and young children go home as long as they’re monitored. 

Removal Proceedings Begin

After the arrest has been placed in the ICE agent’s hands, they’ll decide whether or not to begin removal proceedings. If they decide that there is enough evidence, then they will charge you.

Typically, the charge will be either unlawful entry or overstaying in the country on a nonimmigrant visa. In some cases, they might add additional criminal charges if they’re applicable.

The ICE agents will start the removal proceedings by serving you a notice to appear (also known as an NTA). This document will list the charges against you and the date of your deportation hearing.

Keep in mind that after being detained the ICE agents have seventy-two hours to serve you with an NTA. If they neglect to do this or issue an incomplete one, then you may be able to get out of it.

Regardless of the status of your NTA, you have a right to fight the charges by meeting with an immigration judge. This is true even if the charges are true. Some judges may still be willing to grant you relief from removal. 

Transfer to Immigration Detention

Once you’re in ICE custody, you will eventually be transferred to a holding facility. This facility might be operated by ICE, or it could be a private contractor.

When you’re detained, ICE will give you one free phone call to contact a loved one. Because of this, you should make sure that you memorize the phone number of a loved one.

If you can’t remember or no one is picking up, don’t panic. You can establish an inmate account to make more phone calls. But, you will need to pay for them.

Assuming you can’t get a call out, then it will be up to your loved ones to find you. Unfortunately, this can be challenging. ICE isn’t obligated to keep you in a local facility.

So, there’s a good chance you could end up in another state entirely. Remember that when you’re in custody you don’t need to sign anything. So, if ICE agents are pressuring you to make sure you refuse.

These could be documents that forfeit your right to a proper immigration hearing. If you don’t speak English, then you also have the right to an interpreter. 

Immigration Bond Release

In this section, we’ll briefly go over how the immigration bond process typically works. However, if you want a more in-depth resource, make sure to check out our full guide here.

First off, you might not even be allowed on bond release. If they believe there’s a risk you’ll miss your immigration hearing, or that you’re a danger to the community, then you won’t be allowed.

If you are allowed bond, then the ICE officer will typically assign the amount by 2:00 pm on the day when you arrive at the facility. The lowest bonds are typically set around $1,500.

However, in some cases, they can be as high as $25,000. If you aren’t granted a bond, or the bond amount is set too high, you have the right to ask an immigration judge to reconsider.

Know that this can take some time. Once you attend the immigration court hearing, then your bond money will be returned to you. If you need help navigating your court hearing, make sure to check out this online resource

Tips For When You or a Loved One Is Arrested

Remember that when you’re arrested, you have the right to remain silent. Indeed, it’s almost always recommended. Don’t let ICE agents convince you otherwise — some may try to convince you that staying silent is a sign that you’re guilty.

Instead, ask to talk to a lawyer. The government will not provide you with a lawyer, but you can hire one privately. If you can’t afford an immigration lawyer, some groups provide free or low-cost legal advice.

Sadly, there are very few circumstances where immigration agents and judges can be helpful. By this, we mean that they often purposely withhold information or don’t fully explain your options.

So, be wary of anything they tell you. Wait until your lawyer is present to discover what type of situation you’re looking at and what your options are.

When you meet with your lawyer tell them every bit of information, even if it doesn’t feel relevant. That way, they get the full picture and can advise you accordingly. 

Need Help With Immigration Bonds? Contact Amistad Bail and Immigration Bonds

We hope this article helped you learn what to do after an unauthorized immigrant gets arrested. After you locate your loved one, the most important thing is to find a bail bond service that you can trust.

If you live in the Raleigh, NC Triangle area, then look no further than Amistad Bail and Immigration Bonds. We have decades of experience in the field, which has helped us develop strategies to get your loved ones out as soon as possible.

So, contact us today to get the help with immigration bonds that you need — we’re open 24/7. 

Understanding Travel Restrictions While on Bail

In North Carolina, on average, bail bonds get imposed in 67 percent of misdemeanor cases and 79 percent of felony cases statewide. So, chances are, if you’ve been arrested for a crime, you’re going to need a bail bond.

If this is your first involvement with the criminal legal system, it’s easy to get confused and overwhelmed by all of the rules and regulations that pertain to being released on bail.

The court can impose a wide variety of bail restrictions. However, many people find travel restrictions while on bail to be particularly inconvenient and complicated.

When out on bail, it is extremely important to follow the rules and obey any imposed restrictions. The slightest slip-up in behavior can have drastic consequences for a person on bail.

Keep reading to ensure you understand how to comply with travel restrictions while on bail.

What Does It Mean to Be Out on Bail?

Getting released on bail is not the same as getting acquitted of a crime. When you get released on bail, you don’t have the same freedoms as you did before getting arrested.

You are technically no longer in custody, but there are certain conditions you have to follow. For example, you will need to attend all hearings and trial dates related to your case to avoid the consequences of not showing up.

There are several different reasons people accused of criminal acts get released on bail before their trials. One is because the law of the country dictates that anyone accused of a crime is innocent until proven guilty.

When you get arrested for a crime, you have the right to receive what is called “fair and reasonable bail.” You get released on bail so you can resume your regular life, like taking care of your family and going to work.

Releasing people on bail also reduces the strain of incarceration (the average cost to imprison one person is $14,000 to $70,000 per year), on the criminal legal system.

Common Bail Restrictions

Bail restrictions are decided case-by-case. These restrictions can vary, but they are all conditions the person out on bail must meet in order to avoid legal consequences.

Obey All Laws

A person out on bail is expected to obey all laws. Getting arrested a second time while out on bail can have negative impacts on your trial and sentencing. It is especially important not to get arrested for the same crime.

Abstain From Drug and Alcohol Use

Restrictions against using drugs or alcohol are common in specific cases. For example, a person arrested on a drug-related charge should not be interacting with drugs in any way while out on bail.

Surrender of Weapons

In some cases, a person released on bail is required to surrender any weapons in their possession. This might happen in cases involving domestic violence, dangerous weapons felonies, and other types of felonies.

The best option in this situation is to give all of your weapons to a trusted relative or friend as soon as you get released. Reclaim them only after the outcome of your case gets decided.

Seek/Maintain Employment

It is very typical for a person out on bail to have a requirement that they maintain gainful employment. If you do not, or no longer, have a job after your release, you will need to get one.

No Contact

Sometimes the court will impose restrictions regarding with whom a person can and cannot interact. For example, it is typical that a person out on bail while accused of a crime cannot interact with others involved in crimes.

Travel Restrictions

The court imposes travel restrictions for a variety of reasons specific to individual circumstances. There are several different types of travel restrictions, such as out-of-state and international travel restrictions.

Terms Related to Travel Restrictions While on Bail

Travel restrictions depend significantly on the person and the crime committed. They are very much decided on a case-by-case basis. One person might be allowed to leave the state, but not the country. While another person might not be able to leave their own home.

Flight Risk

A flight risk is a person who is likely to flee in order to avoid going to court or prison. Perhaps the person has tried to flee before and was arrested on a warrant. Or maybe they have family abroad they might escape to.

A person who the court considers a flight risk is unlikely to be allowed to travel internationally. Typically the court will require such a person to surrender their passport.

Travel Within the City/State

In some cases, a person released on bail can travel within their state, but not outside of it. Others are only allowed to travel within the city in which they reside.

House Arrest

People who pose a significant flight risk, or another type of risk, may have their travel limited to their own homes. Being under house arrest often involves wearing a tracking device (ankle bracelet).

Some people on house arrest can leave to go to specific places at specific times (i.e. to go to work, counseling, or substance use treatment).

No Travel Restrictions

If a judge does not explicitly restrict a person from traveling, it is safe to assume traveling on bail is fine. You can take a vacation if you want to.

However, you will need to attend all of your court appearances. So be aware of all court dates when planning a trip.

How Do Travel Restrictions Get Determined?

A judge takes several things into account when determining any type of bail restriction. When determining travel restrictions while on bail, the judge will consider the following things:

  • Defendant’s reputation
  • Past criminal history
  • Whether the defendant is a flight risk
  • The severity of the crime committed
  • Defendant’s physical and mental state

A judge is more likely to treat a person with more leniency if they have a good reputation and no criminal history. However, if the person committed a violent crime and appears to be a flight risk, harsher restrictions may apply.

Consequences of Violating Bail Terms

If a person violates the terms of their bail, the court may revoke their bail and put out a warrant for their arrest.

In some cases, the judge may deny bail and the person will have to remain in custody until their trial. In others, the person may receive a higher bail amount and added restrictions.

More About Bail Bonds & Travel Restrictions

If you get arrested for a crime, it is of the utmost importance that you comply with any travel restrictions while on bail. Failing to follow the rules of your bail can have major consequences that make your legal situation worse.

In need of a North Carolina bail bond? Amistad Bail and Immigration Bonds serves all 100 counties in the Tar Heel state. Contact us today to schedule your free consultation.