How to Choose a Bail Bond Service: Everything You Need to Know

Have you or a loved one ever gotten arrested? Have you or a loved one ever faced trial and had to wait in jail while doing it? 

It can be a daunting set of circumstances and you may be looking for any way to make that process easier. Well, one way of doing that is to wait from the comfort of your own home. 

Well, one way to do that is to choose a bail bond service to bail you out of jail while you wait for your trial to be completed. There are plenty of options for this in the United States, with over 12,000 bail bond services out there. 

How do you know which one is right for you? How do you know what the best bail bond service options are? 

Ask About Experience 

Something that you should consider when you are hiring a bail bond service is how much experience they have. 

How many years have they been in the business? How much experience does each agent have in that company? What kind of bail bonds do they normally give out? 

These are things you are going to have to consider before you hire a bail bond service. The reason for this is that you want to make sure that you are doing business with a reputable company. You need to make sure that you are giving your money to the right kinds of people and that they will take care of you throughout this whole process. 

At the end of the day, you will feel better knowing that you are doing business with a company that has done hundreds, if not thousands, of cases like yours. 

Reviews and Referrals 

The next thing you are going to want to consider is the reviews and referrals that a bail bond service has. 

If you are just entering this type of situation, do not be afraid to ask your friends and family if they have any experience dealing with a bail bonds service. If someone in your circles has had a positive experience with a bail bonds service, that can point you in the right direction of a good one. 

Businesses know how important it is to keep customers happy, particularly because that can lead to new business through their circles. Referral marketing leads to at least triple the conversion rate compared to any other form of marketing. 

What does this mean? It means that if a customer refers someone to a business, that customer is much more likely to remain loyal to that business than customers that got there through any other means. 

If you do not have friends or family that have been in this type of situation, the next best thing that you can do is look at reviews of the bail bonds service. 

Was the process consistently smooth? Did they ever give the customers any problems? Were the experiences mostly positive? 

The answers to these questions are crucial when it comes to determining if past customers were satisfied with the service. On top of this, you can look up how many stars people that review the business leave on online platforms. 

Fees 

Another thing you have to consider when hiring a bail bond service is the fees that you are going to have to pay them to bail you out of jail. Like most things in life, this is not going to be free. 

Think of this like getting a loan. With loans, you have to pay the money back plus interest. While this is not exactly the same, you do have to pay a percentage of the bail to the bail bond agent. 

Typically, this fee ranges from about 10-15% of the bail bond. So, when you are looking to hire a bail bond service, be prepared to have to pay this fee when all is said and done. 

Communication 

Finally, when you are hiring a bail bond service, you want to make sure that you have good communication with the people that you are going to be working with. 

For example, you want to make sure that they tell you exactly what their fee is and what the terms and conditions are to get this bail bond from them. 

On top of this, you want a service that is going to be regularly available to answer any questions that you might have. Then, have them answer in ways that can give you some relief, or at least some clarity on the situation. 

Along with that, you are going to want to make sure that you are working with someone that you trust. 

Is this a person that you believe will be a straight shooter with you? Are they telling you all of the information that you need to know? 

Some bail bonds are going to be large amounts of money. So, with that in mind, you want to make sure that you trust the person that is handling this money for you. 

Choose a Bail Bond Service 

These are four of the biggest factors that you are going to need to consider when it comes time to choose a bail bond service. You are going to want to work with a service that is very good with communication, work with a service that has a lot of experience in their field, look into the reviews and referrals for that company, and the fees that go along with it. 

Do you need help with your bail bond case? Find a bail bond agent here to get started with your case. 

How to Pay Immigration Bond and What Happens After It’s Paid

At the start of 2022, U.S. immigrant numbers hit a new record with 46.6 million cases. Knowing that many of these are illegal immigrants prompts us to consider the whole process of dealing with their status. 

Do you have a loved one who’s been detained by ICE on illegal immigration charges? Need help keeping track of immigration bond rates? Keep reading to find out how to cover their immigration bail bonds, what to expect after the bond is paid, and where to find a good bondsman in North Carolina and Virginia. 

Who Can Pay Immigration Bonds?

To understand more about the process of covering immigration bonds, you first need to know if you’re eligible to pay the bonds in the first place.

In order to be legally able to pay the immigration bonds for someone else, you need to either be a U.S. citizen or a lawful permanent resident, and you need to speak and understand English. The latter part refers to the fact that the full documentation, including the bond contract, is in English. 

Carry your social security number and ID with you when you go to cover the bond.

Circumstances and Immigration Bond Rates

An immigration bond can be paid for any undocumented individual or Green Card holder in NC or Virginia who hasn’t been accused of an aggravated felony:

  • Moral turpitude crimes
  • Terrorism or suspected terrorism charges
  • Possession of illegal circumstances (with the exception of marijuana in quantities less than 30 grams)

Based on the particular circumstances of each case, the immigration bond rates may vary, but they tend to be somewhere on the spectrum between $1,500 and $10,000.

Out-of-Pocket Bond Paying in Virginia and North Carolina

The process of actually covering the bail bond varies based on whether you’ve decided to rely on professional legal attorneys or not. The simplest variant is to pay the bond out-of-pocket, that is, all by yourself. You’d need to fill out a check and send it to the U.S. Department of Homeland Security.

However, even if you decide to go through this individually, it’s recommended that you consult professionals to avoid sending the check to the wrong address, for example.

What Do You Do After Paying for an Immigration Bail Bond?

If the process goes as planned and the immigration bond is accepted, what it will achieve is that the detained person will be released from the ICE’s custody. As with regular bail bonds, the immigration charges will remain. The accused will have to deal with the situation based on their case, reasons for immigrating, and financial ability. 

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Departure Bond vs. Delivery Immigration Bond

Departure Bond

A departure bond sees the accused leaving the country voluntarily after release. They are usually given 30 to 90 days, during which they have a chance to settle their documentation, find suitable accommodation, and make necessary adjustments and preparations for their departure.

As soon as they leave, the case is considered closed, and the person who covered the bail bond is promptly notified and refunded. If the accused doesn’t leave, they will be arrested again, the process starting anew.

Delivery Immigration Bond

A delivery immigration bond happens when the accused decides to legally fight to remain in the country. In that case, they are appointed an address by the ICE and are expected to be present at the local ICE facility any time they are summoned.

Once the proceeding is done, regardless of whether they are allowed residence in the country, the case is considered resolved, and the bail bond is refunded to the person who paid for it.

Work with the Best Bail Bond Agents in North Carolina and Virginia

Whatever your particular situation, the smartest decision you could make is to turn to an experienced bondsman in NC and Virginia. The bail bond agent will help review your case, advise you on the best path, and help you settle the legal matters. 

At Amistad Bail and Immigration Bonds, we offer some of the most dependable immigration bond support in Virginia and North Carolina, so feel free to contact us now and get your issue resolved. Our team always delivers, so you need not worry about your loved ones getting stuck in ICE custody.

What Happens at an Immigration Bond Hearing?

The U.S. Immigration Court system is dealing with a record-breaking number of pending cases that reached 1,596,193 at the end of December 2021.

As of April 2022, there are 18,846 immigrants held in Immigration and Customs Enforcement (ICE) detention. If you’re a foreign national detained by ICE, you may be released from custody upon payment of a bond.

Like criminal bail bonds, bail bonds for immigration ensure a person’s release and cooperation with future court proceedings. The only difference is that immigration bail bonds are specifically required for immigrants who broke the law or come to the US illegally.

Failure to show up at future court hearings while out on bail can revoke your bond and the money goes to the U.S. government. If you comply with all court orders and appear at all your immigration bond hearings, the money goes back to whoever paid the bond.

The amount of bail will be determined by either an Immigration Judge (IJ) or ICE. When you’re detained while awaiting removal proceedings, ICE will make the first custody determination. If you disagree with ICE’s determination, you may request a bond hearing from the IJ.

In this guide, Amistad Bail and Immigration Bonds walks you through the bail process and what you can expect during an immigration bond hearing.

What to expect from an immigration bond hearing

On the date of your hearing, you will be transferred from a detention facility to the courtroom. If there is no on-site immigration court at the detention facility, then you may appear in front of an IJ via video link. You may also be transported by bus to a court facility.

Convicted detainees will likely be required to wear federally issued clothing and shoes in the courtroom. The use of restraints like handcuffs and shackles will not be required unless necessary. You will be instructed on where to sit, and you will not be allowed to interact with anyone except your lawyer.

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Reviewing your eligibility

In an immigration bond hearing, the IJ will assess your immigration status in the U.S. and decide whether to grant you a bond.

A detainee may be eligible to an immigration bond if they are:

  • not a flight risk (You may not be considered a flight risk if you are employed in the US, have family ties in the country, and can rent your own home or apartment.)
  • not a danger to the security and safety of the United States, and
  • not a threat to national security.

Expect the IJ to inquire about your ties to the United States, including employment and family. They will also assess your criminal history and whether you have complied with the court before. Letters of support from your family, colleagues, and employers may be used to discuss your moral character.

If the IJ grants you a bond, you will receive a written order with the bail amount. The IJ will also reschedule your Master Calendar Hearing, so you can pay the bond and be released from custody prior to your next court appearance.

How much is a bond for immigration?

There is no limit to how high an IJ may set a bond. The price of a bond will depend on several factors, including the length of time you’ve resided in the US, your employment history and family ties, and previous criminal or immigration offenses.

The minimum that a delivery bond price can be is $1,500. If the IJ believes you are a flight risk, they may set your bond as high as $10,000 to $20,000.

Contact an immigration attorney today

If you or a loved one has been detained by immigration, hiring an attorney who specializes in bond hearings and deportation defense is a priority.

At Amistad Bail and Immigration Bonds, we deliver top-notch immigration bond services within the USA. Contact us today for a free consultation.

How to Get a Favorable Outcome in an Immigration Bond Hearing

Removal proceedings for detained immigrants can take years to complete. If your loved one has been detained, they are likely being kept in a cold, unhygienic, and overcrowded facility. You can help them by posting their bond, allowing them to be released and confer with a lawyer more easily.

However, they first need to be deemed eligible for release on bond in a hearing. Learn how to get favorable results in your loved one’s immigration bond hearing by reading on.

The Immigration Bond Hearing Process

If your loved one has been detained and placed in removal proceedings, they may request an immigration bond hearing. The immigration court allows them to prove that they are entitled to be released on bond during the hearing.

If they are deemed eligible, a bond amount is set. Paying it allows your loved one to go free with the understanding that they will attend their immigration hearings. The one that paid, known as an obligor, will get their money back once the proceedings are done as long as your loved one follows the conditions of their bond.

Disqualifications for an Immigration Bond

Not all detainees are qualified to request for release on bond. Your loved one may be disqualified if they:

  • Entered the U.S. illegally.
  • Stayed in the U.S. illegally and did not gain lawful resident status.
  • Committed acts that are considered to be terrorist activities.
  • Committed a crime that is penalized with imprisonment or mandatory detention.
  • Have a criminal history involving moral turpitude, aggravated felonies, espionage, or drug and firearm-related crimes.

Exceptions to Disqualification

Your loved one may still qualify to request for release on bond if they committed a crime if:

  • The conviction is for a drug crime that involves possession of less than 30 grams of marijuana.
  • The conviction is for a petty offense they committed when they were a minor at least five years before being detained.
  • The criminal conviction carries a penalty of less than 1 year of imprisonment.

Winning Your Immigration Bond Hearing

Hiring an immigration lawyer is your best bet for getting favorable results. They’ll be able to prepare a well-written motion for a bond hearing and represent you in court.

As part of immigration bond hearing requirements, your loved one must provide evidence to convince the immigration judge that they are neither a danger to the community nor a flight risk. You must prepare several documents to prove this. If you have an immigration lawyer, they’ll be able to help you with this.

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Record of Past Convictions

If your loved one has been convicted of crimes in the past, they must provide copies of judgments or certifications from the court that convicted them.

This will show that they weren’t convicted of crimes that would disqualify them for release on bond and that they have served their sentence. It also indicates that your loved one has made an effort to be a law-abiding citizen and is not a danger to the community.

Proof of Residence in a Community

Your loved one must prove that they have a sponsor of lawful status in the U.S., usually a family member. The sponsor must provide identification or utility bills that contain their address. They must also prove their U.S. citizenship with a birth certificate copy, marriage certificate, or U.S. passport.

Proof of Community Involvement

Proof that your loved one belongs to a community group such as a church, owns property within the community, or has lived in their present address for a long time shows that they aren’t a flight risk. These include documents that show they are paying a mortgage or own a house.

Work History Documents

Your loved one may present a curriculum vitae that records their work experience, letters of recommendation, an offer of employment from an employer, or employment certificates. These will show the immigration court that they have ample reason to stay and attempt to obtain legal status within the U.S.

Proof of Education or Rehabilitation

Your loved one should provide documents showing that they finished education or vocational programs during detention or attended a rehabilitation program. These are proof that they aren’t a flight risk.

Reunite with Your Loved One

After getting a favorable outcome from your immigration bond hearing, you’ll need to post the bond. However, the process can be confusing and time-consuming. Let one of Amistad Bail and Immigration Bonds highly experienced bail bondsmen in North Carolina process your loved one’s bond payment for you.

Schedule a free consultation by filling out our online form.

How to Pay Immigration Bonds and Get Your Money Back

If your loved one is being detained in an immigrant detention facility, they may be suffering under inadequate living conditions. Many of them have serious issues such as understaffing, insufficient monitoring, failure to provide mental health observations, and extremely cold temperatures.

To get your loved one released, you need to pay their immigration bond as soon as possible. However, the process can be confusing, and their release will be delayed if you don’t know the process. Find out how to pay immigration bonds below.

How Immigration Bonds Work

ICE sets a bond amount for detainees they deem eligible for release in a hearing. The immigration bond hearing process involves assessing whether the immigrant is a flight risk or would be a danger to the public should they be released.

Detainees that are financially stable, have not committed immigration violations or serious crimes, and have strong ties within the U.S. are more likely to be deemed eligible for a bond. Once paid, they’re free to go with the understanding that they need to fulfill their bond’s conditions.

Paying an Immigration Bond

Schedule an Appointment

Call the local ICE office to set up an appointment to pay your loved one’s bond. However, not all offices receive bond payments, and each facility is responsible for a specific area of responsibility.

Find an Obligor

To pay your loved one’s immigration bond, you need an obligor. This person will pay the bond, handle the paperwork, and be responsible for ensuring that the detainee will follow the conditions of their bond.

Anyone of legal status in the U.S. can be an obligor, including you, another family member, or a friend.

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Prepare the Payment and Required Documents

The obligor cannot pay immigration bonds with cash or personal checks. Instead, you need to get a certified cashier’s check. This is a check that’s drawn against a bank’s account. You pay the bank the bond amount and have them make a check out to the Department of Homeland Security (DHS).

The obligor must also bring their original social security card and a valid I.D. card. Keep in mind that they will not accept a copy.

Pay and Wait for the Bond to be Posted

Once the obligor pays the bond and the ICE office processes it, your loved one will be released within the same day. You can then pick them up. It is recommended that you contact an immigration lawyer as soon as possible to help them with their case.

Getting the Bond Refunded

Whether your loved one obtains legal status or gets deported, the bond will be canceled, triggering a refund. ICE will send a notice regarding this to the DHS Debt Management Center in Vermont and the obligor.

The obligor should inform ICE if they ever move as the agency will only have the address they previously provided. They can do this by sending an ICE Form I-333, Obligor Change.

Failure to Comply with the Bond Conditions

If your loved one fails to appear at an immigration court hearing or ICE check-in, they will breach the terms of their bond. ICE will then send the obligor a notice to present your loved one at a local office within a specified time, usually a few weeks.

The obligor will have a limited time to find your loved one and make arrangements. If they fail, the bond amount cannot be refunded.

Hire an Immigration Bond Expert

The immigration bond payment process can be stressful, confusing, and time-consuming. Amistad Bail and Immigration Bonds will speed up the process. You’ll have a highly experienced bail bondsman to handle the entire payment process. They’ll quickly have your loved one’s bond posted so the two of you can reunite.

Call us at (800) 537-0645 or fill out our contact form for a free consultation.

5 Things to Look for When Choosing Immigration Bond Services

Living conditions within immigrant detention centers are harsh, and many are located within jails. If your loved one has been detained, they can get out if you pay for their bail.

However, the payment process can be confusing, and not everyone can afford the full amount upfront. That’s when you need a reliable immigration bail bond agent to handle it for you. Here are the things you should check for when the right one for your loved one’s case.

  1. Licensed and Insured

The first thing you should know about bail bond agents is whether they’re licensed and insured. This means they have gone through the necessary training and know the immigration bond hearing process and the payment process.

Ask them for a state-issued certificate. If they can’t provide one, you might be dealing with an illegal business.

  1. A Proven Track Record

Check how experienced they are. How long an agent has been working as a bail bondsman is important, but some of the most successful also have prior experience in other law-related jobs. For example, they may have previously been in law enforcement, signaling that they’re familiar with the bail bond process.

When consulting with a bail bond agent, ask them how long they’ve been in business and how experienced they are. Check online reviews to get a better assessment of their services’ quality.

  1. Affordable Fee Structure

One of the main benefits of hiring an immigration bail bondsman instead of processing your loved one’s bail yourself is that you can pay just a percentage of the total bail amount with the addition of collateral. Bails can cost thousands of dollars, so this arrangement makes them more affordable.

Bail bond agents usually charge between 10% and 15% of the total. Those that charge you 10% aren’t necessarily more affordable, though. Some of them also have annual maintenance fees for as long as your loved one’s immigration case is ongoing. Consider hiring those that charge a higher percentage, as many immigration cases can take years to resolve.

Ask bail bond agents about their payment options as well. Depending on state laws, they may be allowed to include interest rates in your payment plan. Some companies may also charge a lower percentage for higher bail amounts.

 

  1. They Specialize in the Immigration Bonds You Need

There are four different types of immigration bail bonds:

  • Delivery bond: Once paid for, the defendant is released. However, they are required to attend all their court hearings.
  • Voluntary departure bond: This is for detained immigrants that agree to leave the U.S. within a specified time at their own expense. The bail amount is refunded once they’ve left.
  • Order of supervision bond: The defendant is free to live and work within the country while their case is ongoing while adhering to specific conditions.
  • Public safety bond: Ensures that an immigrant does not become a public charge, which is defined as an individual dependent on the government for subsistence. If the immigrant in question accepts public assistance, it will be reimbursed to the government.

When consulting with a bail bondsman, ask them which types they specialize in. Your loved one’s bail will be posted faster if you choose someone familiar with your specific situation.

  1. Multilingual Services

There’s a good chance speaking to an immigration bail bond agent who doesn’t speak your first language will lead to quite miscommunications. An error could compromise your loved one’s case, so it’s important to choose a bail bond company that offers multilingual services. This ensures they can effectively communicate with you and your loved one.

Post Your Loved One’s Bail Through Amistad Bail and Immigration Bonds

Amistad Bail and Immigration Bonds offers high-quality immigration bond services. Have your loved one’s bail processed as quickly as possible. Schedule a free consultation by calling us at (800) 537-0645 or filling out our contact form.

Everything You Need to Know About Immigration Bonds

It’s never easy when a loved one is detained. Still, it can be even harder for immigrants. They come to the U.S. for various reasons, some to escape dangerous living conditions in their home country, but many are barred from accessing humanitarian protection.

Should your loved one get detained, you can lighten the physical and emotional stress on them by applying for an immigration bond.

What is an Immigration Bond?

The U.S. government can detain immigrants for many reasons, including illegal entry and an outstanding removal order. Whatever the reason is, it can be highly stressful, as the conditions in detention facilities don’t differ much from jails.

You can help your loved one by paying for an immigration bond. This secures their release on the condition that they agree to attend all their immigration court hearings or voluntarily decide to leave the U.S. within a specified time.

Detainees need someone of legal age and status to act as an obligor. This person pays for the immigration bond and is responsible for filing paperwork related to the immigration case.

Immigration Bond Eligibility

A detainee’s eligibility and the bond amount are determined during an immigration bond hearing. The court deems your loved one is eligible if they can prove that they:

  • Are not a danger to the community
  • Are not at risk of flight

Your loved one may be denied a bond if they have been convicted of a crime or have already been deported before.

Types of Immigration Bonds

There are two main types of immigration bonds.

Delivery Bond

A delivery bond allows your loved one to be temporarily released with the understanding that they must show up in court for their scheduled hearings. If they do so and follow all court orders, the obligor will get their money back. If an immigrant fails to do so, they will be detained again, and they forfeit the bail amount.

Voluntary Departure Bond

A judge may grant a voluntary departure bond to an immigrant on the condition that they agree to leave the country within 120 days. There would also be no removal proceedings. Once an immigrant leaves, the bail is refunded. However, it is forfeited should they fail to do so in time.

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Immigration Bond Costs

Delivery bonds have a minimum price of $1,500. This may increase due to the following factors:

  • How long the detainee has been in the U.S.
  • Criminal offenses
  • Previous deportations
  • Flight risk
  • Employment history

Voluntary departure bonds are more straightforward and usually only cost around $500.

How and Where to Pay Immigration Bonds

Where you pay an immigration bond depends on which government agency is detaining your loved one. These are the agencies in charge of immigrant detention centers:

  • Customs and Border Protection
  • Immigration and Customs Enforcement
  • Office of Refugee Resettlement

Keep in mind that you can’t pay an immigration bond in cash or with a personal check. The detainee’s obligor needs to get a certified cashier’s check. These checks are drawn from a bank’s funds and have extra security features that make them harder to fake.

Once the obligor has a certified cashier’s check, they can schedule an appointment with the local agency detaining your loved one to pay the bond. Afterward, a government official will contact the detention center and inform them that your loved one is cleared for release. You can then pick them up.

It is strongly recommended that you get legal aid soon after.

Get Your Loved One Released

Not everyone can afford to pay an immigration bond. By working with Amistad Bail and Immigration Bonds, you’ll only have to pay 15% of the bond with no annual renewal and maintenance fees.

Fill out our contact form to schedule a free consultation.

Understanding the Bail Bond Procedure

In court, the accused is presumed innocent until proven guilty. However, the criminal court judge needs to ensure that the accused will participate in all mandatory court appearances, so they use bail as an incentive.

The judge is the one who decides if the accused can be released on bail and what the bail amount should be. They base this on different factors, including the following:

  • The gravity of the crime
  • Minimizing risk to the community
  • The Judicial Process’ integrity
  • Likelihood of defendant committing new crimes until next hearing

It’s also important to note that the bail amount can be adjusted as the case progresses. 

How Bail Bonds Work

You are free to go until the next court hearing if you settle bail. Once the case is done, the court returns the money. Bail can be paid by you, your family, or your friends.

Unfortunately, not everyone has the financial capability to settle bail in such a short amount of time. You can seek help from one of our bail bond agents in this event.

Our agent will settle the bail, where you pay 15% of the bail amount. If your bail goes over $10,000, you can avail a 5% down payment on the bail bond. You pay us the remaining amount through flexible payment plans.

How to Get a Bail Bond

Call a bail bond agent and provide the necessary information, such as:

  • Full name of the accused
  • Location of the jail
  • Booking or report number
  • Charges they are accused of
  • Other information relevant to the arrest

They will also need you to sign paperwork for their services, pay for your part of the bail amount, and sign off any collateral, if any.

Their familiarity with the bailing process can speed up the release. But it also depends on how crowded the jail is, so the release can take thirty minutes to a few hours.

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Types of Bonds

Cash Bonds

Cash bonds can be settled by you, a family member, or a friend. This requires the full amount and is settled without a bail bond agent. Once your criminal case is done, the court will return the money to you.

If you fail to appear at hearing, the court forfeits the full bail amount and issues a warrant for your arrest.

If the case is related to drug trafficking, you need to prove that your payment comes from non-drug revenue before it’s accepted.

Federal Bonds

If you’re being tried in federal U.S. district courts, this bond is required, but it works like any other bail bond type. The accused still needs to appear in all court proceedings, and the bail amount is forfeited if you fail to make an appearance.

Immigration Bonds

An immigration bond is exclusive to cases related to immigration issues and is posted with the U.S. Immigration and Naturalization Service. Only bail bonds agents with special insurance licenses can provide an immigration bond.

Property Bonds

A property bond is only possible in select states. It posts the value of the tangible assets to get pre-release from jail. Depending on the state and its laws, the accused may need a court-appointed appraiser to assess the property value being used to post the bail bond.

Why Choose Us

24/7 Services

At Amistad Bail and Immigration Bonds, our agents work 24/7, so they can come to your aid at any time. Each agent is licensed, experienced, and knowledgeable about the bail process. You can rely on them to settle your loved one’s bail as smoothly as possible.

Flexible Payment Plans with Zero Interest

We understand that you or your loved one is going through an incredibly stressful time. To make the situation more manageable, we offer various payment options so you can choose the one that works. You can also pay for our bail bond services in cash or by credit card.

Let Us Help You Today

Reunite with your loved ones as soon as possible with our aid. Contact Amistad Bail and Immigration Bonds for more information about our bail bond services.

DUI or DWI: Which Is Worse?

You never thought it would happen to you until it does. You find yourself in handcuffs in the back of a police cruiser for a DUI or DWI. Driving under the influence (DUI) is one of the most frequent driving violations in North Carolina.

Impairment from alcohol contributes to 34% of all automobile fatalities in North Carolina. The state has experienced 485 alcohol-related fatalities in 2021. Drug use contributes to about 16% of car crashes.

When you find yourself in cuffs, you will likely be wondering about the difference between DUI and DWI. How do they determine which charge you receive? Learn everything you need to know about the law if this happens to you.

DUI or DWI—What’s the Difference?

When it comes to driving under the influence (DUI) and driving while impaired (DWI), the state of North Carolina makes no distinction between them. The state has a zero-tolerance policy for driving while impaired.

Prior to the enactment of the North Carolina Safe Roads Act of 1983 the state made a distinction between DWI vs DUI. Prior to that year, a DWI was a higher crime than a DUI.

The new law moved all alcohol and drug moving violations under the term of DWI. In any instance where a driver is driving under the influence of drugs or alcohol, they will receive a criminal charge of driving while impaired.

Determination of DWI

The level of alcohol in your blood to result in DWI charges depends on your age. Anyone over the legal drinking age of 21 years with a blood alcohol content (BAC) of 0.08% or higher will be put under arrest for DWI. If you are under 21 years of age and are found driving with any amount of alcohol in your system, you will be arrested for DWI.

If you have a prior DUI/DWI charge and are pulled over, you will receive DWI charges for having 0.04% of alcohol or more in your blood. This is also the maximum level allowable for commercial drivers.

Other DWI Offenses

In addition to having alcohol or drugs in your bloodstream, there are other acts that can result in your being charged with a DWI. This includes having an open container containing alcohol in your vehicle or having an open or closed container of alcohol on the passenger seat of a commercial vehicle. You will also receive a DWI charge if you are found guilty of helping a minor to obtain alcohol.

Field Sobriety Test

If an officer pulls you over for speeding, weaving in traffic, or reckless driving they may require you to participate in a field sobriety test. This test checks your physical and mental abilities by having you do things such as:

  • Walk a straight line
  • Stand on one leg
  • Speak clearly
  • Touch your nose, and more

After determining there is reason to believe you are under the influence of any type of substance, the officer may ask you to take a chemical test.

DUI Versus DWI Penalties

It doesn’t matter whether you call it a DUI or a DWI, the penalties for these charges in North Carolina are severe. The state has a 7-year lookback period, meaning every DWI you receive within a 7-year period increases penalty severity.

There are five levels of misdemeanor DWI in North Carolina. Judges make a determination on what level each driver falls into depending on several mitigating factors. These include:

  • BAC level
  • Driving record
  • Level of visible impairment
  • Voluntary submission or participating in assessment and treatment
  • DWI contributing to an accident
  • Prior DWI offenses
  • Speeding
  • Driving on a suspended or revoked license

The more factors the driver meets under the judge’s evaluation, the more severe the level of the criminal charges the driver receives.

The lowest charge is a level V DWI. A conviction includes penalties of 24 hours to 60 days in jail or 24 hours in jail and 24 hours of community service. It also includes up to $200 in fines and driver’s license revocation for between 30-365 days. The judge may also order a substance abuse assessment.

The most severe offense is Level I DWI, which includes 30 days to two years in jail, up to $4,000 in fines, and permanent license revocation. You must also complete a substance abuse assessment.

If you have three or more DWI convictions within a seven-year period, you will be charged with a felony DWI. You will receive the label of habitual offender. You will serve a minimum of one year in jail and complete a substance abuse program during your incarceration.

Ignition Interlock

If you receive a conviction with a BAC of 0.15% or higher or have two DWI convictions within a seven-year period you will be required to have an ignition interlock device to drive. Installation of this device on your steering wheel requires you to take a breathalyzer test prior to being able to start your vehicle. You will also take periodic breath tests while driving.

Failure to “blow” immediately upon notification is a violation. Violations of interlock device requirements result in the immediate removal of your driving privileges.

Impact on Auto Insurance

In addition to jail time, fines, and having a criminal record, picking up a DWI charge will impact your insurance rates. This is because there is an increase in risk when you drive under the influence of alcohol or drugs. These risks cost the insurance company more in payment of claims by accident victims.

The average insurance increase in North Carolina following a DWI is $3,416. This is 68% higher than the average U.S. increase following a DUI.

The Bail Process

Within 48 hours of your arrest, a hearing will be held advising you of the criminal charges you face. During the hearing, the judge will determine the amount of bail necessary for your release from jail. The amount of bail depends on several factors including the seriousness of the crime and your prior criminal history.

Payment of your bail will depend on the judge’s specific orders. It may be by cash, secured bail bonds, unsecured bail bonds, or in some cases your own recognizance. When you do not have the funds to pay your bail in full, a bail bonds service will accept 15% of the total bond amount and front the remaining amount for you.

The bail bonds service pays the full amount of your bail directly to the court. Once paid you will be released from jail pending your appearance in court.

Because of the risk the bail bond service takes, an Indemnitor must sign agreeing to pay the full amount of your bail if you do not appear in court. This is because your failure to appear means the bail bond service must pay the full bail amount to the court.

Bail Bonds Sets You Free

When it comes to receiving a DUI or DWI, the initial result is the same. You are going to jail. When that happens make sure you have the name of an expert bail bondsman to help you obtain a quick release.

Amistad Bail and Immigration Bonds is a team of professional bail bondsmen in Raleigh, North Carolina. We are available 24/7 at (800) 537-0645. We help your loved one by preparing all necessary paperwork to obtain your freedom pending trial.

To help make the process easy, we offer a variety of payment plans and free consultations. Don’t hesitate, call us today to find an agent near you.

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 and Immigration 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 and Immigration Bonds now..