Louisiana is one of the 22 states with bail provisions that have been amended for preventive detention. This means that there have been amendments added to the constitutional provisions detailing specific circumstances and categories of offenses that make a defendant ineligible for bail.
Article I, Section 18 of the Louisiana constitution states that a person is entitled to bail except when:
- They are charged with a capital offense with evident proof and significant presumption of guilt
- They are charged with a crime of violence or possession and distribution of controlled dangerous substances, with evident proof, and the judge or magistrate deems that they are a flight risk or pose an imminent danger to other people
What does this mean for immigrants detained by the Immigration and Customs Enforcement (ICE) in Louisiana? If you have a loved one who is an ICE detainee, they will have to undergo an immigration bond hearing to determine their eligibility.
If they are not detained because of a capital offense, and if they are not a flight risk nor pose a danger to the community, there is a high possibility of getting them out of detention temporarily through bail.
Bail Options in Louisiana
There are two types of immigration bonds in Louisiana: delivery bonds and voluntary departure bonds. Those who qualify for any of these have several options to pay the bail amount:
1. Personal Recognizance
During the immigration bond hearing, non-violent detainees may ask the court to consider their temporary release without bond security.
2. Cash Bond
The most straightforward option, posting a cash bond, means the detainee, a relative, or another co-signer pays the bail set by the court.
3. Commercial Surety Bond
An option for defendants without money readily available, a commercial surety bond is bail money that a bail bond company posts for the defendant with a guaranteed premium or collateral.
4. Property Bond
Another option for defendants or their co-signer. A property bond is when you put up a piece of your property to cover the entire bail amount.
How to Pay Immigration Bond
If your loved one opts for a cash bond, you can post the bail amount to the Department of Homeland Security. Cash or personal check payment is not a valid form of payment. Instead, you would need to get a cashier’s check made out to the DHS.
If your party instead opts to get the services of a bail bonds company, your bail bond agent will take care of posting the bail for the defendant. Before they can do so, the defendant or you, as a co-signer, must complete some paperwork, including signing off collateral.
Once bail is posted, you can expect your loved one to be released within the day. They must attend all their required court appearances; otherwise, their temporary release will be forfeited, the bail agent cannot get their bail money back from court, and you will still need to pay them.
Work with a Compassionate Bail Bond Company
Amistad Bail and Immigration Bonds is a bail bond company providing convenient immigration bond services. We offer flexible payment options so you can ensure the release of your loved one as soon as possible.
Contact us for a free consultation today.