Bail bonds and the prohibition against being held without excessive bail is one our Fundamental Constitutional Rights, and something we need to take seriously. There are many different aspects to bail, today we will take you through the consequences of “failing to appear”, “FTA”, “breaking a bond” or missing a court date.
How Are Immigration Bonds Different from Standard Bail Bonds?
Before you address concerns about whether you have excessive bail, you need to understand the difference between immigration bonds and regular bail bonds.
Immigrations bonds are designed for non-citizens detained by ICE. Their ensure detainees appear for immigration hearings and follow deportation orders if needed. The minimum for immigration bail is $1,500, but there is no upper limit. However, there has been document cases where excessive bail reaches as high as $250,000.
The criminal justice system uses standard bail bonds for similar reasons. They ensure the accused returns for court dates and does not commit any crimes while on bail. The amount of bail depends on the crime and specifics of the case.
Reasons for Honoring Bail
There are two primary reasons for honoring a bail bond—immigration or otherwise. Both the co-signer and the defendant need to follow all the rules and obligations that come with signing a bail bond. If they do, they can avoid unexpected money problems or legal issues from bailing someone out of jail.
1. Financial Risk for the Co-Signer
As a co-signer, you are responsible for paying the full bond amount plus any bail fees you’ve already paid. If a non-citizen is placed in immigration hold and faces excessive bail, it’s difficult to find the funds.
If you use a bail agency, you could lose the collateral you offered. This could include things like cars, property, jewelry, or other valuable items that cover the full cost of the bond. If possible, you should work with an immigration bail agency that understands the process and has fair practices like payment plans.
2. Harsher Treatment for the Defendant
Due to your failure to make immigration hearings would also affect you. They may issue excessive bail for your release causing you to pay more for a bail bond and posting more collateral with a bail agency. They could also order you to be put in immigration hold without bail, no matter how much you are will to pay to be released.
They may even consider you a flight risk and withhold bail completely until deportation
How Long Do You Stay in a Detention Center?
Detention procedures are controversial because of reported inhumane conditions and varying times for immigration hold. If you are caught at the border, you may wonder how long border patrol can detain you. Border patrol can either turn you back or detain you. They generally try to hold you for 72 hours.
If you committed a criminal offense and you are a non-citizen, how long immigration can hold you in jail will depend on the case. Petty offences may not warrant an immigration hold, but serious charged like aggravated felonies would result in detention and possible deportation. Ice would issue a detainer and law enforcement with hold you for no more than 48 hours, excluding Saturdays, Sundays, and holidays. How long ICE holds you before deportation after that, will again depend on your case.
The Bottom Line
Bail bonds are within your Fundamental Constitutional Rights. However, each case differs as to the legal requirements for release from ICE custody.