Immigration Bonds: 10 Things You Need to Know

Did you know that ICE arrests over one hundred thousand individuals every year for violating immigration laws?

Immigration bonds can be confusing, and if you’re not familiar with them, you could end up making a costly mistake.

If you or someone you know needs an immigration bond, it’s important to understand the ins and outs of this process. Making a mistake could result in your loved one being deported.

But don’t worry. Keep reading because this article breaks down everything you need to know about immigration bonds, including how they work, the different types available, and how to get help from an immigration bond specialist.

1. What Are Immigration Bonds?

Essentially, immigration bonds are a type of surety bond. They guarantee that an immigrant who is detained by Immigration and Customs Enforcement (ICE) will appear for their court hearing, as ordered by the ICE judge. This type of bond can be used to release the detainee from custody until their court date arrives.

2. Who Is Eligible for Bond?

For those who are held in custody by ICE, posting a bond for immigration may be an option. It is important to note that not everyone will be released on bond, as this depends on the individual’s circumstances and the judge’s order.

To be eligible for bond, U.S. immigrants must typically demonstrate that they pose no flight risk and pose no danger to the community. In some cases, ICE may also consider an individual’s family ties and length of time in the country when making a bond determination.

Those who are deemed eligible for the bond will be required to pay a set amount of money to be released from custody. In some cases, a surety bond may also be an option. This type of bond requires that an individual find a third party to guarantee payment of the bond if the individual does not appear for their court date.

3. What Is Required to Post Bond?

When a friend or family member is detained by immigration authorities, posting a bond is often the best way to get them released from custody. However, certain requirements must be met to post bond.

First and foremost, you must have a co-signer who is a U.S. citizen or legal resident. This person will be responsible for ensuring that the bond amount is paid if the individual does not show up for their court date.

In addition, the co-signer must have access to funds that can be used as collateral against the bond amount. Without meeting these requirements, it will be very difficult to post bond. Therefore, it is important to be aware of the requirements before trying to post a bond for a loved one.

4. How Much Does an Immigration Bond Cost?

The cost of an immigration bond is determined by the U.S. Immigration and Customs Enforcement (ICE) and varies on a case-by-case basis. The cost of the bond is typically between $1,500 and $10,000.

The amount of the bond is set by ICE based on their assessment of the risk that the individual will not appear for their scheduled court hearings. If the individual does not appear for their hearing, they forfeit the bond and may be subject to additional consequences, such as being placed into removal proceedings.

For individuals who are unable to post the bond, there are a few options available. One option is to request a reduction in the bond amount from ICE. Another option is to work with an immigration bond company, and you can find out more about the costs and options available to you here.

5. How Long Does it Take for an Immigration Bond to be Posted?

The process of posting an immigration bond can take anywhere from one day to several weeks, depending on the circumstances. Once a bond has been approved by ICE, the next step is to post the bond itself.

This can be done through a bondsman, a friend or family member, or even the detainee themselves if they have the resources. The bond amount will vary depending on the charge but can range from a few hundred to a few thousand dollars.

After the bond is posted, the immigrant may still be held in custody until they are processed out of ICE detention. However, once the bond is posted they will be given a date and time to appear in court, at which point they will be released from detention.

6. What Happens After Bond Is Posted?

After an immigration bond has been posted, the detainee will be released from custody until their court date arrives. Although they will be free during this time, there may be certain restrictions placed on them.

For example, they may not be allowed to leave the country or may have to check in with an ICE officer regularly. These conditions help to ensure that the detainee will appear for their court hearing and not pose a danger to society.

Once the court date arrives, the detainee will have the opportunity to present their case and argue for their right to remain in the United States. If the judge rules in their favor, then they will be allowed to stay in the country.

However, if the judge decides that they should be deported, then they will be expected to leave the United States within a certain period.

7. What Happens If Someone Does Not Appear for Their Court Date After Bond Is Posted?

When an immigrant is detained by ICE, they may be eligible for release on bond. This means that they can pay a certain amount of money to the government to be released from detention while they await their court date.

The bond is typically set at a few thousand dollars, and it must be paid in full before the immigrant can be released. If the immigrant does not show up for their court date, then the bond will be forfeited and the co-signer may be liable for any monies owed.

It’s important to remember that even if someone is released on bond, they still must attend all of their court dates to remain in good standing with ICE. Failure to do so could result in detention and possible deportation.

8. Can an Immigration Bond Be Cancelled or Refunded?

Immigration bonds are a type of surety bond used to secure the release of a detained individual pending their deportation hearing. The bond is posted by the detained individual or a third party, such as a family member, and is usually set at a minimum of $1,500.

If the individual fails to appear for their hearing or violates the terms of their release, they may forfeit the bond and be subject to arrest. In some cases, it is possible to cancel or refund an immigration bond.

For instance, if the court orders the detainee’s release, the bond will be automatically canceled and the money refunded. Similarly, if the bond was posted in error or if the detained individual has been granted asylum, the bond may be refunded.

However, in most cases, once an immigration bond has been posted, it will remain in effect until the case is resolved and all conditions of the bond have been met.

9. Who Can Post an Immigration Bond?

To post an immigration bond, the person posting the bond must typically be a family member or close friend of the detainee. In some cases, it may be possible to use a bondsman to post the bond as well.

The reason that only family or close friends are typically able to post the bond is that they are the ones who will typically be financially responsible for making sure that the detainee appears for their court date.

If the detainee does not appear for their court date, then the person who posted the bond will be responsible for paying the full amount of the bond to the court. As a result, only those who are willing and able to take on this responsibility must post an immigration bond.

10. What Is the Process for Posting an Immigration Bond?

The exact process for posting an immigration bond can vary depending on each individual’s case and circumstances. However, there are some general steps that you will need to follow.

First, you will need to complete our intake form in order to gather brief information about the detainee. Next, you will need to provide payment by depositing total amount agreed to our business checking account.

Finally, you will have to complete and sign an application and contract. This can be done via email using electronic documents.

Once you have finished all of these steps, then you can move forward with posting the immigration bond.

If You Need Help With Immigration Bonds in NC, Contact Amistad Bail and Immigration Bonds

We hope this article helped you learn more about posting bail as an immigrant. Here at Amistad Bail Bonds, we know that an immigration-relation arrest can strike at any time.

Prescription Drugs that Can Get You Arrested for DUI

Here’s something not many people know: they can be arrested for DUI (driving under the influence) while taking legal drugs. The use of legal drugs, including over-the-counter medications and prescription drugs, can result in a DUI arrest (and eventual conviction), just like any alcohol-related DUI.

To ensure safety on the road, state legislatures are doing everything in their power to prevent impaired driving. That said, even if you are taking medications legally, you can still be arrested for DUI if your driving is impaired in any way. When arrested for DUI on legal drugs, you will need the help of a competent and experienced DUI defense lawyer.

The Lowdown on Prescription Medication DUI

Many people associate DUI with being impaired by alcohol alone. However, you can still be convicted of a DUI if you are under the influence of drugs, including prescription medications. Some states have a per se drug DUI rule. For instance, you cannot drive if you have a specific concentration of controlled substance in your system.

However, even if the substance in your system is less than the legal limit, you can still get a DUI if the arresting officer believes you are impaired by alcohol or other substances. Prescription medication DUIs are often based on impairment rather than the concentration of the prescription drugs in your system.

Prescription medications can include pain, cough, anxiety, and other commonly prescribed medications. Said substances are often not detected by a breathalyzer but can be detected in the blood (which can be drawn if an officer has reason to believe that you are impaired).

Unfortunately, many North Carolina residents don’t realize that some prescribed medications can impair them. Many also have the misconception that if the medicine is prescribed to them by a doctor, it will suffice as a DUI defense. However, such is not always the case.

How Courts View DUI by Medical Impairment

If you are charged with DUI due to prescribed medication, the prosecutor has the burden of proving that there was an impairing substance in your system and such substance caused you to be “appreciably impaired.” When it comes to sentencing and punishment, they are not dealt with differently than alcohol-related DUIs.

If you are taking prescribed medication, it is recommended that you talk to your doctor about the possible side effects of taking the medication. You need to also check if it is safe for you to operate a vehicle while taking the prescribed medications. If not, look for other transportation arrangements.

Prescription Drugs That Can Cause Impairment

The criminal charge for this type of DUI is often referred to as DUID, DUI drugs, or drugged driving. It is also irrelevant that the medication was prescribed legally by a doctor and was taken as directed. If an officer believes that your abilities were impaired by a drug (prescribed or otherwise), you will be arrested for DUI.

The following are some of the prescription drugs that can cause impairment (and, consequently, DUI):

  • Anti-addiction drugs (this includes Methadone and Suboxone)
  • Anti-insomnia medications (this includes Ambien or Lunesta)
  • Anti-ADHD drugs (this includes Adderall or Ritalin)
  • Anti-anxiety medications (this includes Valium, Xanax, Klonopin, and Ativan)
  • Painkillers (this includes Celebrex, Fentanyl, OxyContin, Percocet, Codeine, Lortab, Celebrex, Lorcet, and Ultram)

Many over-the-counter and prescription medications will significantly affect your motor skills and coordination, even if you take the prescribed dosage. Some of the most common side effects of prescription medications that can affect your ability to drive include:

  • Drowsiness
  • Dizziness
  • Blurred vision
  • Nausea
  • Inability to focus
  • Fainting
  • Slowed movement

Different drugs can affect drivers in various ways. However, those that impair alertness, concentration, and judgment are considered just as dangerous as alcohol. The side effects mentioned above can result in slow reaction time and unsafe driving.

At-Risk Individuals for Prescription DUI

You will be placing your safety and that of others at risk if you drive while under the influence of prescribed medications that can impair your cognitive and motor skills. Other medications (even if less potent) that are taken in high doses than prescribed might also have the same effect.

Older drivers are often susceptible to incurring a DUI as a result of using prescription drugs. With aging, the body won’t be able to break down certain drugs as it did before. With cognitive decline, older people are also more prone to taking the wrong dosage, affecting their ability to drive.

Law Enforcement Evaluation

Law enforcement will look for behavior that will indicate driver impairment involving intoxication from drug use (prescribed or otherwise). The behaviors can include weaving, speeding, driving too slow, driving too closely to the next vehicle, and driving erratically.

After your vehicle is stopped, officers will look for behaviors and personal characteristics that indicate impairment due to drugs. This includes slurred speech and glassy eyes. The services of a drug recognition evaluator (DRE) may also be utilized. Drug recognition evaluators use a multi-step approach to test suspected DUI drivers.

Drug recognition evaluators may check the pulse and blood pressure. A separate field sobriety test may also be requested. It is also likely that you will also be asked about any possible drug use. A urine or blood test may also be requested.

Possible Penalties for Prescription Drug DUI

Prescription drug DUI can be charged as a felony or misdemeanor. A first offense is punishable by 3 to 5 years of informal probation. You can also have your driver’s license suspended and pay up to $1,000 in fines. You can also spend up to six months in jail.

Aggravating circumstances like excessive speed, injuries, property damage, or previous criminal or DUI convictions can also result in more severe penalties. A drug DUI can stay on the criminal record for ten years. This can be harmful to your reputation and can make it difficult for you to seek employment or insurance.

Getting Out on Bond

Bail (also known as bail bond) is the amount you need to pay and the promises you need to make so you can be released from jail until your case has been resolved. Typically, within 48 hours of your arrest, you will be brought before a magistrate, and the amount of your bail (and other conditions) for your release is set.

If you violate the terms of your bail (i.e., violating a condition of your bail or failure to attend a court hearing), your bail can be revoked. A warrant for your arrest can also be issued. As soon as you are in custody, you need to stay in jail until you have paid a higher bond or faced harsher penalties.

After your bond has been set, you have the option to file a motion to have the bond modified. This would be heard by a judge and not the magistrate. The judge can either increase or decrease the amount of your bail. Your attorney can help you set your bail, so make sure you discuss this with your DUI defense lawyer.

Final Thoughts

If you are accused of prescription drugs DUI, seek the help of a seasoned DUI defense lawyer right away to protect your liberty and rights. A competent DUI defense lawyer can carry out a thorough analysis of your case so they can create the best defense strategy that can reduce your charges or dismiss the case against you.

For help with a local bail bondsman, contact us at Amistad Bail and Immigration Bonds. You can schedule a free consultation with a licensed bail agent today!