It is illegal to enter the USA without a valid visa, or to stay in the USA past the visa’s expiration date, so named “valid provision”.  A provision is a valid visa, passport, green card or citizenship. Violating this provision is considered an extremely serious offense and not to be taken lightly.  If you or someone you know has been arrested for being in the United States illegally, the defendant is considered in violation of immigration laws and is subject to a trial and potential deportation by the ICE (US Immigration and Customs Enforcement).   When awaiting trial, the individual will either be detained or in some instances, the judge may allow them to post bond.

Working with a bondsman with knowledge in Immigration Bonds is crucial.  They should be familiar with Immigration Bonds as well as with the ICE (US Immigration and Customs Enforcement) system as well.  1-800-Libertad is a company that understands the ICE system and can make the entire process more affordable, easier and quicker.

Immigration bail is similar to criminal bail in that it acts as a guarantee that the individual will show up on the day of his trial and face the penalties.  ICE will want the accused to give them some form of guarantee, in the form of money or assets, that they will show up.  As in Criminal Bond cases, if the accused doesn’t show up, their assets can be seized by ICE. Immigration bonds are Federal Bonds but are not related to criminal charges.

There are two types of immigration bonds, delivery bonds and voluntary departure bonds. Any non-citizen or alien that is arrested by ICE and is issued a Warrant of Arrest and a Notice of Custody Conditions may be eligible for a delivery bond.  The amount of the delivery bond will be large enough to ensure that the non-citizen will appear at all immigration proceedings.  The second type of immigration bond is a voluntary departure bond.  Any non-citizen or alien who is allowed to depart the country voluntarily after being placed in removal proceedings has been given a Voluntary Departure.  The Immigration Judge may require that someone post a large enough bond to ensure that the non-citizen leaves the United States within the time specified.

Cash bonds and surety bonds are two options for payment of either a delivery bond or a voluntary departure bond.  It is important to remember that with a cash bond, the full bond amount must be paid on behalf of the non-citizen by someone who has legal status in the United States.  The cash bond must be paid directly to ICE.  For example, if the bond amount is $10,000 then $10,000 must be paid to ICE in order to gain the individuals release. The other option is a surety bond.  If the individual is unable to pay the bond in cash a surety bond is an option.  This will require using the services of a private surety company.

For those with an immediate need to post a bail bond for a friend or loved one, you can reach an agent 24 hours per day, 7 days per week by calling 1-800-Libertad. We have bilingual agents who can assist you with both Criminal Bail Bonds as well as Immigration Bonds.

Asked to provide collateral for an individual’s bail? Don’t know what collateral is? Wondering if you have anything that be considered collateral for bail and if you will ever receive it back? It is important to seek secure bail information from bail bondsmen.

If the court allows a property bond, one of the most common types of a criminal bail bond, it requires recording a lien on a property to secure the bail amount. If the defendant does not appear in court, the court can and may seize the property.

Simply put, collateral is something of value that is used to secure a debt or to ensure payment, referred to as a property bond.  In terms of bail, this ensures that the accused will appear in court, as instructed by the Judge.  There are two common forms of collateral, property (real estate, automobiles) and cash.

How do I use real estate as a property bond?

1. Determine the value of your property.
2. Determine the amount of the bond to be posted.

Remember that cash, automobiles and real estate are considered “property”. When using an automobile, make sure the bond is below the blue book value of the automobile.  The use of cash and automobiles as collateral is extremely useful when dealing with low to moderate bonds.

Real estate, such as your home, can be used for moderate to high bonds.  Keep in mind that you must have enough equity in the property to cover the amount of the bond.  Equity means the difference between the home’s fair market value and the outstanding balance of all liens on the property.  Simply, the value of your home isn’t affected by what you owe on the home.   You may be required to have the deed to your property.  The terms of a property bond vary from state to state.

What is the bail bondsman role with property bonds?  For large bail amounts, bond agents can obtain security against the assets of the defendant or the individual willing to help the defendant.  For example, the bond agent can charge cash along with taking a mortgage against the property for the full penal sum of the bond.  Penal sum refers to the amount of money that the defendant or person signing the bond contract has to pay if the defendant fails to appear in court.

Does the court keep your property?  If you use an automobile, the actual title is handed over to the court until the case is finished. If using real estate as collateral, you must have proof that you own the property.  This proof can be given in the form of a deed.  This creates a lien against your property until the case is finished.  If the defendant becomes a’jumper’ there is a risk that your property will be seized by the court.  This is extremely important when considering if you will use your property as collateral for bail.

Remember when you are using collateral as bail that you might lose your property if the defendant does not hold up their end of the bargain, which is showing up in court.  This is a strong point to consider.  Also, make sure to ask any questions about using collateral with a bail bonds agent.  This will clear up any confusion and ensure that you make the right decision.

1800Libertad.com was created to serve a diverse group of people.  Our main goal is to make it easy to get the help or information they need, when they need it.  Our agents will help you navigate your way through the entire process.

They have been around since 1898, established by Tom and Peter P. McDonough in San Francisco. Bail bondsman are exclusively found in the United States.  A bail bondsman is any person which will act as surety and pledge money or property as bail for the appearance of a criminal defendant in court.  They are usually in the business of catering to criminal defendants.  This is not  a traditional nine-to-five schedule.  It takes certain skills to be effective as a good bail bondsman.  It also takes an understanding of people and what exactly your duties will be.

Do You Have These Skills?

• Good verbal skills: When a person is emotionally upset due to the stress of a loved one or even a good friend being held in jail, it is very important that they understand what they are signing. Good verbal skills and honest communication are vital to their understanding of the legal processes and the chances they are taking to free someone from jail under their signature on the dotted line. They need to understand their responsibilities as the co-signer or obligator.

• Patience: People are going to ask you questions when they are having trouble understanding the process of how to free someone from jail. It is especially important to answer each question completely as to avoid confusion. You want the people involved to have a complete understanding of the situation, the risk and the responsibility.

• Empathy: Imagine talking to someone whose loved one has committed a crime? You should choose your words carefully and have empathy for the people involved.

• Confidence: This is necessary when dealings are conducted with the court in order to set limits on the amount of money needed to have someone released.

• Follow through: Amy delays can cause complications, on you and your business along with complications for the individual and family that may be involved..

What does the job entail:

It is important to remember that each state has different requirements for becoming a bail bondsman. A bail bondsman acts as an agent for someone that has been arrested and has had their bail set.  The bail bondsman will receive a call from the arrested party saying how much they will have to pay in order to be released, until their court date. The bail bondsman may ask for additional collateral to reduce the risk of flight by the client.  This will be above the usual ten to fifteen percent of the total bail that has been charged.

A bail bondsman must understand the characteristics of a variety of crimes, this knowledge is obtained through proper training.  There is a difference between drug possession and armed robbery, in accordance to how to deal with the client and an understanding of how the court will deal with those offenders. A bail bondsman must also understand the differences between criminal bail bonds and immigration bail bonds.

A bail bondsman must be licensed and they must have insurance.  This offers protection from clients who fail to appear.  These clients are often referred to as ‘jumpers’. This is something that a future bail bondsman must consider as a risk.  If the client becomes a ‘jumper’, the bail bondsman is required to pay the originally ordered bail.   The bail can vary from a few hundred dollars to several thousand.

Other considerations, a bail bondsman does not work the typical 9-5, as stated earlier.  They are often getting calls at all times and are technically on-call 24/7.  It is also important to realize that this is potentially dangerous work, it is not predictable and can be physically demanding. It is not a career choice for everyone, but it is extremely rewarding for the right individual.

If you are interested in becoming a bail bond agent, you must be 18 years of age and a U.S. citizen. Your first step should be to check if the state in which you want to become a bondsman allows commercial or private bail bond services.

If you are a licensed bail bond agent and would like to find out more information about becoming a 1-800-Libertad Network Member, submit an inquiry.

Flashing lights are the last thing you want to see when you may have had one too many.  Being pulled over and receiving a DUI can be a humiliating and scary experience.  What is a DUI or DWI.   A DUI or DWI (they are synonymous)  is operating a vehicle while under the influence of alcohol and/or other drugs.  These vehicles are not limited to automobiles, they include bicycles, boats, airplanes, wheelchairs and tractors.  Every state prohibits operating a motor vehicle while having a specific BAC (blood alcohol content) level.  States that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas, West Virginia and New York. While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

What to expect when you are arrested for a DUI/ DWI:

Booking:

After a traffic stop, the first stage of the criminal process of a DUI case begins an arrest.  This can follow any field sobriety tests.  An arrest can be complete when the officer simply tells the suspect that he or she is “under arrest”, and the suspect submits without the officer’s use of any physical force.  The second stage of the criminal process is when the individual is taken into police custody and booked into jail.  During this process, suspect will provide the police with personal information.  This includes name, date of birth and physical characteristics.  The officer will then record information about the suspect’s alleged crime, perform a search of the suspect’s criminal background and fingerprint, photograph and search the suspect.  The suspect will then have their personal property confiscated and the suspect will be placed in a holding cell or the local jail.

The next step for the suspect is determination of bail or remand.  If the suspect is released on bond, for most people this will involve bail.  Bail is the process through which an arrested DUI suspect is allowed to pay money in exchange for his or her release from police custody, until their trial.  This process takes place after booking.  As a condition, the suspect promises to appear in court for all scheduled criminal proceedings, including arraignment, preliminary hearings, pre-trial motions and the trial itself.

The bail amount may be determined by a “bail schedule” or the judge may set the monetary figure based on:

1. DUI record and criminal history
2. Seriousness of the DUI offense
3. Ties to family, community & employment.

Bail amounts often exceed the resources of individuals and their families. If you cannot afford bail, you can consider contacting a Criminal Bail Bondsman.  What makes a good bailbondsman?   What is a Criminal Bail Bond? Bail Bonds also differ by state.

Information Needed For Criminal Bonds:

Bail bond agents need certain information from their clients. This personal information will make it easier for the bail bond agent to communicate with the courts, law enforcement and will expedite the overall process.  Below is an example of the information that should be shared with the agent:

1. The Arrestee’s name. Correct spelling is very important.

2 The Arrestee’s date of birth.

3. Amount of the bond.

4. Date of arrest.

5. Where the arrestee is being held / name of the jail or facility.

6. Other personally identifying information such as an address.

*(If you don’t know all of this information, don’t worry, our agents can still help you but please know as much information as you can.)

The price of your bail

Each case is considered individually.

We here at Libertad…are here to help you during this difficult time. 24 hour bail bond service, 7 days a week at 1-800-LIBERTAD (1-800-542-3782)

Contact Us.

When a friend or loved one has been arrested or is in the custody of Immigration and Customs Enforcement (ICE), chances are that you’d do anything you could to help them.  For example, you’d want to help them avoid a prison stay while their case works through the court system.  One of the quickest ways to alleviate this issue is to be a co-signer on a bail bond.  But what exactly does this mean for you, the co-signer?

Think of being a co-signer on a bail bond as being a co-signer on a loan.  Similar to a loan, you are financially responsible for the full amount of the bail if the defendant forfeits the bonds.  Forfeiting of the bond can happen for many reasons, including not showing up for scheduled court appearances.  When this happens, you may be required to pay the full amount of the bond.  While the financial responsibility falls on the defendant, it also falls on you if they aren’t able to or choose not to pay.

Without doubt, the number one priority both you and the bail bond agent have is that the defendant goes to court as required.  In some instances, a bail bond agent won’t take a case if they feel there’s potential that the defendant will skip their court dates.  However, once you’ve secured the bail – it’s important that you, as co-signer, keep in close contact with the bail bond agent.  You, along with the defendant, should let them know of any changes in address, employment or any other pertinent information until the case is resolved.  It’s extremely important to keep the lines of communication open.

When meeting with the bail bond agent for the first time, be sure to have the following information readily available:

•  The Arrestee’s name. Correct spelling is very important.
•  The Arrestee’s date of birth.
•  Amount of the bond.
•  Date of arrest.
•  Where the arrestee is being held / name of the jail or facility.
•  Other personally identifying information such as an address.

By having this information prepared in advance, you’ll save time during the process of securing a bail bond and can hopefully get your friend or loved one out of jail quicker.

Assisting a friend or family member with a bail bond is a big responsibility and shouldn’t be taken lightly.  Be sure that you’re aware of all the terms and conditions of the bond.  If you have any questions, be sure to ask the bail bond agent to explain things in more detail as it can be a confusing process.  Be sure that you’re ready to take the financial responsibility of being a co-signer.

If you have an immediate need to post a bail bond for a friend or loved one, you can reach an agent 24 hours per day, 7 days per week by calling 1-800-Libertad. We have bilingual agents who can assist you with both Criminal Bail Bonds as well as Immigration Bonds.  You can also visit us at http://www.1800libertad.com.

Going to court can be a overwhelming and daunting experience for anyone.  There’s a lot riding on your appearance and the outcome of your case.  We recently discussed what can happen if you don’t go to court, but now let’s cover what can and should happen while you’re at court.

First and foremost, it’s extremely important that you attend any and all court appearances you’re scheduled for.  There are very few reasons that will be accepted by the court as an excused absence so your presence is absolutely mandatory.

Always be on time for your court appearance or even early whenever possible.  Being late can result in a bench warrant for your arrest, making your situation worse, or a bail forfeiture.  When you step into the courtroom, you’ll be accompanied by your attorney.  Your attorney will have all the particulars about your case and will be the primary party to speak to the courts.  However, you may be asked specific questions by the judge.  When answering, only answer the questions you were asked and be sure to speak clearly.  Never shake your head as a form of saying yes or no to the judge – it’s very important that you speak and are heard.  However, be sure to not speak unless you are spoken to or asked a direct question.  Always be sure to pay attention to the instructions provided by the court and ask your attorney if you have any questions.

Your personal appearance is an important part of appearing in court.  Be sure that you are dressed neatly.  The best rule of thumb is to dress as you would if you were going to a job interview.  While you don’t need to be in a suit, business attire is your best choice.  Do not wear jeans and a t-shirt, for example.  Along with your appearance, your body language plays can say a great deal about your demeanor.  Do not chew gum, sit with your arms folded, or appear that you have no concern or interest in the proceedings.

At the end of the proceedings, you will be notified of an outcome or will be told when your next appearance will be.  Be sure you do not leave the courtroom before you have this information.

If you have any questions about your appearance in court, be sure to ask your bail bond agent or your attorney.  They can answer any questions that you may have.

For more information on court appearances or other topics including bail bonds, immigration bonds and more, visit http://www.1800libertad.com.

Most people who are taken into custody are given the opportunity to pay a bail bond to get out of custody. This allows you to remain free until your trial date. A judge will determine how much your bail will be anywhere from an hour to 48 hours after you are arrested and booked into custody.

If you are charged with a fairly minor crime or the judge believes there is little chance that you would flee, you may be released on your own recognizance. What this means that no money or collateral is necessary to release you from custody. You will have to sign a paper that you understand the consequences for not showing up for court, and then you may leave custody. For most people accused of a crime, however, some type of bail is required to free them.

There are many things that come into consideration when it comes to determining exactly how much bail will be required. Many courts will use what’s called a bail schedule. These are generally lists of the different types of crimes and the bail that is required for those particular crimes.  Though they do include most commonly committed offenses, if you are accused of a crime that is not covered by the court’s bail schedule, a judge will determine how much bond is necessary to free you from custody.

He will consider the type of crime, the potential that you will flee, and any prior convictions you may hold for similar or other crimes.  He will set your bail and let you know how much you’ll need to be released from custody. You will then need to make arrangements to post that bond.

There are two ways to post bond. You or your family members or friends can pay the required amount with personal funds. This is known as a cash bond. If you show up to each court hearing as required, that money will be refunded at the conclusion of the trial.

If you can’t or would prefer not to pay your bail with personal funds, you have the option of using a bail bondsman instead. A bail bondman will post the bail for you in exchange for a fee. That usual fee is 10% of the total bail amount. If you appear in court as required, the total amount of your bail will be refunded to the bondsman. The fee you paid the bond agent will not be refunded to you, but any collateral you were required to give the bail bondsman will be returned or released.

Once you or a bail bondsman has paid the bail set by the court, you will be free to go. You will probably be required to sign some sort of paperwork agreeing to the conditions of your bail. As long as you appear in court as you are scheduled, you should be able to remain free from custody throughout the duration of your court appearances.

If you have been taken into custody and were legally arrested, you were read what’s called your Miranda Rights. If you are a US Citizen, you are guaranteed these rights to make sure you are treated fairly after you are arrested. This helps assure that you are not forced, or coerced, into giving false information or are denied the basic rights that every US citizen is promised.

Miranda Rights are as follows:

• You have the right to remain silent and to refuse to answer any questions.

• Whatever you say can and will be used against you in a court of law.

• You have the right to an attorney; if you can’t afford one, one will be appointed to you.

• If you decide to answer any questions, you can still stop at any time.

• Do you understand these rights, and are you willing to answer my questions now?

Miranda Rights allow you to avoid answering questions until you have a lawyer with you and wish to continue. You are not required to answer questions at any time. It also assures you that if you can’t afford a lawyer on your own, the court will appoint one for you. The court realizes how important fair representation is when you have been accused of a crime, so everyone is free to either hire their own or ask for a court appointed attorney. The court will ask for your financial information to determine if you are eligible and, if you are, your attorney will contact you with information on your case and how you are going to proceed.

Miranda Rights are very important, but are not the only ones you are entitled to. You are also assured of the rights below:

• That you will be presumed innocent until proven guilty. This is very important because only the court or a jury of your peers can find you guilty of a crime.

• That you will have a fair and speedy trial. You must be arraigned within a certain amount of time. You must also have a fair trial.

• That you know what the charges are. You cannot be held longer than a certain amount of time (usually 48 hours) without being charged with a crime and informed about what those charges are.

• That you may make one phone call to anyone you choose after you are arrested. This allows you to contact your attorney if you have one, or a bail bondsman to help you leave custody if you are granted bond, or your family so they can make those arrangements for you.

• That you will have your personal property returned to you when you are released (unless any of it is direct evidence in your case).

Once you are arraigned, you will be able to post bond if you are granted bail, and a good bail bondsman and a great lawyer will quickly become your best friends throughout the court process. For information on finding a bail agent, visit 1800Libertad.com or call us at 1-800-LIBERTAD (1-800-542-3782).

If you’re taken into custody and then released on bond to await your trial, you are expected to show up for any court appointment you are scheduled to appear at. Since you’re given prior notice of all appearances, and you’re generally notified of these dates well in advance, there are very few excuses that are good enough to keep you out of trouble for missing one of your scheduled appearances. Don’t think that you can reschedule your appearance without a very good reason, either.

When you are taken into custody, your first appearance is scheduled. Your name is added to the court’s docket for that day. A docket is a list of all the people scheduled for court for a certain period. When it’s your turn to appear before the judge, someone will call your name. If you aren’t there, a bench warrant will be issued for your arrest for failure to appear in court.

Further complicating matters, if you have been released on bond and used a bail bondsman to help you get out, the bail bondsman may be looking for you in addition to law enforcement. A bail bond is a guarantee that you’ll show up for court. The idea behind bail bonding is that you won’t want to lose money so you’ll definitely appear when you’re supposed to. If you don’t show up for court as scheduled, that bail bond and whatever collateral you might have used to secure the bond is forfeited.

What that means is that the money you, your family, or a bail bondsman has paid to the court is lost to that court. If you only paid a percentage of the bond (as is common with a bail bondsman or a cash bond) then the entire amount is due and payable immediately to the court. You will not get that money back. If you are taken into custody on a warrant for not appearing in court, you will either have to stay in custody or be approved for and come up with an additional and usually much higher amount of bail the second time.

A bail bondsman does not want to have to pay the court the total amount of your bond and then try to collect it from you or your family. The agent will usually be in constant contact with you to make sure you’re going to court as planned. If you don’t, he or she may look for you and bring you back into custody themselves. While not all bail bondsmen are like Dog the Bounty Hunter, it is certainly not a walk in the park if they have to come and retrieve you.

If there is a truly good reason you are unable to appear in court as planned, be certain to contact your lawyer and your bail bondsman as soon as you are aware of the situation that will keep you out of court. Whether you are going to be late for your appearance or are going to have to miss it altogether, it is critical that you make arrangements and notify everyone as quickly as possible to make sure the court does not issue a warrant for your arrest.

For more information on bail bondsmen, types of bond, and the importance of court appearances, visit 1800Libertad.com or call us at 1-800-Libertad (1-800-542-3782).