For a greater majority of us, our only experience with bail bonds is what we have seen in movies or on the television. Unfortunately for some people, they get up close and personal with the bail bond system, and as always it is better to understand the situation that you are in rather than having to learn as you go. In this blog post, we hope to dispel some of the commonly held myths of bail bonds and the people who provide them.

Myth 1

Bail is the same as bail bond. This is a misconception. Bail is the amount of money that the court requires from an individual before they are allowed to leave jail. Usually, people do not have the total amount in ready cash to post as a cash bond, and are therefore dependent upon a bail bondsman who will post what is called a surety bond as a guarantee that they person arrested and bonded out will appear for all of his court mandated appearances. This is only a small portion of the actual cash required, but often the bail bondsman will require some sort of collateral in order to ensure that you will hold up your end of the bargain. If you do not show up, the bail bondsman will be required to post the full cash bond, and you will forfeit whatever collateral you have put up to secure your release from jail.

Myth 2

Bounty hunters are not bail bondsmen. Thought this is a common misperception due to the proliferation of television shows, the two are completely different. Bail bondsmen will hire a bounty hunter in the event that a person does not show up for his or her intended court appearances.

Myth 3

One bail bondsman might be less expensive than another. This is not true. Bond is set by the court and the bondsman must follow that guideline. Typically there is an administrative or other fee tacked on to this, they are relatively consistent from one bail bondsman to another.

Finding a good bail bondsman, one that will walk you through the court procedures is very important to any person who has been arrested. It is also important to make sure that you find a reputable bail bondsman. While being arrested and placed in a cell, whether through a criminal or immigration infraction, is a very scary and confusing for the individual and the family,  working with an experienced bondsman will help you get through the process with as little disruption to your daily lives as possible.

The bail bondsmen at 1800Libertad.com affiliates have a lot of experience with the ins and outs of ICE and what they do, but typically speaking, our clients might not, and if you or your loved ones have been detained by ICE, it is important to understand who they are and what they do.

The mission statement of ICE or Immigrations and Customs Enforcement is “ICE’s primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration.”

According to the ICE website, Immigration and Customs Enforcement is the principal investigative arm of the U.S. Department of Homeland Security (DHS) and the second largest investigative agency in the federal government. Created in 2003 through a merger of the investigative and interior enforcement elements of the U.S. Customs Service and the Immigration and Naturalization Service, ICE now has more than 20,000 employees in more than 400 offices in the United States and 46 foreign countries.

Their job basically breaks down into protecting the borders of the United States in various forms, but for our clients, that typically means having been detained for an immigration infraction such as illegally immigrating, visa violations, or other such infractions. Typically these people will find themselves in one of the many ICE detention facilities awaiting a court appearance. There are times when they will be released on bail, such as a voluntary departure bond, or delivery bond.

ICE duties do not stop there though. Their duties include protecting the borders from incoming threats from people as well as products. For example, ICE also inspects all incoming cargo containers and other vessels that enter the USA at all ports of entry, whether people or goods arrive via airplane, boat, car or foot! They also investigate human trafficking, gangs and drug cartels. As such it is their job to ensure the safety of all people within the country. This is a huge task, and while they often receive negative publicity for the raids that are conducted on urban areas suspected of having a high concentration of  illegal immigrants, they do an admirable job of keeping us all safe.

What happens while in ICE custody is also fairly clear and doesn’t change, especially once a client has exercised their right to legal representation. Of course, a reputable bail bondsman will be able to give you recommendations for good legal counsel.

You’ve been arrested, and you’ve been through the booking process, and now it is time for arraignment. Generally speaking, you will need to go through arraignment in front of the court before you can be bailed out of jail. It’s important to remember that this is just procedural and is not in any way, shape or form a trial. You are not at arraignment to make a plea. Arraignment is simply the process for instructing you on the charges that you are facing, and for setting your bail, if applicable.

At arraignment you will not have the ability, or need, to call witnesses. Your lawyer will most likely be present, primarily in the hopes of securing your release, or bail, and preferably the lowest bail possible. Some cities and counties have a standard bail schedule, and your bail will based off of that while others leave the bail at the discretion of the judge and prosecuting attorney to some extent.

Should the judge deny you bail, there is nothing that a bail bond agent can do to help you. At this point, it is solely in the hands of your attorney. Should the bond be too high, you might need to work with your bail bondsman and/or attorney to either secure a bond with collateral, or have your attorney present a motion to lower the bail based on extenuating circumstances or other reasons. Such reasons can range from your being the sole provider for your family, medical reasons, or any number of other reasons that they judge can consider.

Your attorney will be able to help walk you through the charges that are being brought against you and will most likely immediately start working with you to prepare your defense.

If you have not already contact a bail bondsman prior to your arraignment, or if you are unaware of one, your attorney may be able to help you find a reputable bail bondsman. Once you have decided upon your bail bondsman, he or she will work with you to secure your release from jail as quickly as possible by posting bond. You will most likely either need to put up the 10% value of the bond, or secure it with collateral. There will be quite a bit of paper work involved, from the court, the jail and the bail bondsman, but it’s all worth it when you walk into the waiting sunshine

There are times when a bail bondsman will not be able to secure your release from jail in a speedy fashion. This might be due to the fact that the courts are closed over the weekend or evening, or because the booking process takes longer than anticipated. Either way, once arrested, there is a chance that you will spend one or more days in jail before being released. In that case, it is good to be prepared for what you will encounter during the process.

Typically, you will be held either in a city jail, or in the case of immigration infractions, in a detention center together with other immigrants who might be in the country illegally. First and foremost, you will be taken to booking, where your photo will be taken, together with your fingerprints, as well as your biographical data. (At this time, a records check will likely be run to see if you have any outstanding warrants, and if so, those agencies will also be informed of your arrest.) After this, most arrestees will undergo a medical screening to ensure that their health is taken care of while they are in custody. All of your personal belongings will be removed from your person and placed in a secure location until you are released from jail. You may or may not be placed in jail issued clothing, this depends on whether or not that is the particular jails policy and whether it is likely that you will be released in the near future. Generally speaking, if you are expected to stay more than a few hours, you will be given a standard issue jumpsuit.

Once you have been booked, you will be taken to a cell with a bed, toilet and the absolute bare minimum in creature comforts such as a blanket, toothbrush and toilet paper.  While it might not be a comfortable night, you will be safe, and wake up in time for very early “chow” which is often between 5 and 6:30 AM. The rest of the day will probably be very boring, with time to watch TV, exercise or go outside, as the jail permits, or have time alone in your cell (which you may share with one or more other inmates) to read, make calls, write letters or sleep, interspersed with other meals, and possibly shower time. Life in jail is very orderly, time oriented and in fact rather boring in most cases.

A good bail bondsman will work to secure your release as quickly as possible, but he is at the mercy of the court systems, and unfortunately cannot make things move along faster. He can, however, most likely suggest one or more competent attorneys should there be a need, and you can also spend your time in jail with your attorney preparing any defense that might be necessary

You may not think that you are going to get in trouble.  You may not think that your friends or loved ones are going to get in trouble, but do you know what to do when this happens?  Are you familiar with the bail bonds process and do you know what to look out for to make sure that you aren’t taken advantage of?  Do you know how to tell a good bail bonds agency from an unethical one?

There isn’t always a great deal of time to make the decision of who is going to be your bail bondsman.  There isn’t a crystal ball telling you when you will be in need of a bail bondsman. It is important to find a reputable company that can answer your questions and that is available twenty-four hours a day, seven days a week.

Take things from all different sorts of resources, do your research and make sure you make an informed decision.  As a defendant you want to be really clear on what your rights are and what is expected of you if you utilize a bail bondsman.  You will want to know what the laws are in your state, or at the very least, trust your attorney and your bail bondsman to know the laws for your individual state.  If you have a DUI, the charges and consequences are going to be different then if you are involved in a domestic dispute.

There are some things to be wary of when choosing a bail bondsman.  Top Triggers that should make you find someone else:

1.     The agency offers you a discount of lower than 8%

2.     The agency offers you a discount because you are an illegal

3.     The agency illegally solicits your business

4.     The agency utilizes practices that are unethical

5.     The agency is not able to answer your questions sufficiently

While not everyone who is arrested will be permitted to post bond, many individuals will be.  This bond is usually 10 % of the total bond amount.  This amount can be more depending on the state where the bond is to be paid.  If you don’t have the full 10%, communicate this clearly with the bond agent.  Sometimes, payment options can be discussed or credit cards can be used.  Remember that the lines of communication between you and the bail agent need to be open and honest.  They will request certain information from you (your name, address, why the person is being held, date of the arrest along with other information) In the case of dealing with immigrant status it is of vital importance to know your “A” number.   Talk with your agent, trust your agent and be open and forthright with the information requested. Ongoing communication will speed up the bail process.

Becoming educated about bail bonds seems like an odd topic to learn.  However, it is something we should learn before we need it.  It is impossible to predict when a friend or loved one will need a bail agent.  Be informed, ask the right questions and know your rights.

When detained in ICE (Immigration and Customs Enforcement), it is of vital importance to relay your  “A” number to your attorney and bonds agent. Thousands of people being detained by ICE and the only way to make sure that your bonds agent, attorney and important parties get the information that they need in regards to your case is to know your “A” number.

The origins of the “A” number began with an Act passed in 1940, where every non-citizen within the United States was recorded. Your “A” number refers to your alien immigration number.  It is also called a green card number or Alien number.  This number is a series of 8 to 9 digits that follow the letter “A”.  It is a number that identifies you, assigned by the USCIS (United States Citizenship and Immigration Services). The individual keeps their “A” number for life, much like a social security number.  Where can you find your “A” number?  This number will be located on most forms sent by USCIS to an individual.

What are the four types of “A” Numbers?

1.     8- digit “A” Numbers are manually assigned at local offices.  If you have one of these numbers, treat it as if it was “0” plus the number.

2.     9-digit “A” Numbers that start with the digit 1 are used for employment authorization cards, usually related to students.

3.     9-digit “A” Numbers that start with the digit 3 are used for fingerprint tracking of visa applicants.

4.     All other 9-digit “A” Numbers are permanent and remain with you for life.

Most individuals, who get an “A” Number when they apply for an adjustment of their status, when they seek Employment Authorization Document (EAD), apply for a visa or are subject to deportation proceedings.

The Process Within ICE

An immigration officer will interview you while you are detained.  This interview should take place without any delay.   You will be given a NTA (Notice To Appear) form that contains information regarding the charges against you. You will also receive a NCD (Notice of Custody Determination) form. The NCD form will indicate if you can post bond and how you can post bond.  If bond is permitted, you will be moved to one of three places:

1.     Local Law Enforcement Facility

2.     Immigration Detention Center

3.     Military Base

To ensure that you know your rights and have all of your information, make sure you keep a copy of your legal documents with you at all times.  Remember your basic rights while you are being detained.  Detainees do have the right to remain silent, to speak with an attorney before answering any questions and should be allowed to make a collect calls to reach an attorney or their family while in custody. Immigration officers can provide a list of attorneys to call.

We don’t plan on ending up in trouble, but when we do we need to make sure that we find the right person to be our bail bondsman.  Just look in the phonebook, there are tons of them, but you want someone you can rely on in your and your family’s time of need.  What are some qualities that you want in a bail bondsman? Honesty, knowledge of the law, compassion and being forthright are qualities your bail bonds agent should possess.

Your bail bonds agent should understand the difference between the different crimes that landed you in trouble.  As a defendant, there is a difference between being arrested for a DUI and being arrested for Breaking and Entering.  Both have the possibility of carrying harsh sentences, but the details of each accused crime are different.  Your Bail Bondsman must be able to communicate effectively the steps that you must take to be initially released from jail, if that is an option for your case.  The Bail Bondsman should also be able to explain to your family and loved one’s what is necessary if bond is to be posted.  Being arrested is a difficult time for your family as well as the defendant, and compassion and empathy are necessary skills to possess.  The bail bond agent must understand that the process of bailing someone out of jail or posting an immigration bond can be time consuming, confusing and expensive.

Do not be afraid to ask your potential bonds agent important questions to make sure they have a solid understanding of the bail process.  They should understand the difference between criminal bonds and immigration bonds and the types of bond the Judge can request. There are surety bonds, cash bail, property bonds, released on personal recognizance, unsecured personal bonds, secured personal bond, pre-trial release bonds and bail review. Once the bond is posted, the defendant can usually be released. It is imperative that the defendant fully understands the conditions of the bond.  The bond acts as a promise that the defendant will show up at the court date appointed by the Judge.  If  someone other then the defendant posted the bail bond, that individual must understand the consequences if the defendant decides to ‘jump’ bail. The individual posting bond must also understand what can and cannot be used as collateral for the bond.  These are all details that a reputable and responsible bail bond agent and bail bond agency will provide.

Don’t be afraid to ask questions.  Know your rights, the bail bondman will probably charge you 10% of the bond, make sure you have discussed the rates and have an understanding of the fees. Bonds vary by state, as laws vary by state, the bail bonds agent or company needs to have a firm grasp of what is required in your state. Remember that you are dealing with a professional, and they should act accordingly, in your best interest.

Keep in mind that there are things the bail bonds agent will expect from their client, in order to make this entire process run smoothly. Being truthful is the main thing that is expected on both ends of this working relationship.  Having to deal with bailing a loved one out is a frightening enough experience, make sure that you understand what to expect from your bail agent and what they expect from you.  This will ensure a good working relationship that will benefit both parties.