In a previous blog post, we discussed how some states were beginning to look into taking steps that would bring them closer to the new Arizona Immigration Bill. Today, Mississippi Senate has passed a resolution allowing officers to verify the immigration status of anyone they deem suspicious or whom they think might be in the country illegally. Of course, the bill still has to pass House, and it is unsure whether it will, but this is certainly a step in the same direction as Arizona. This is all in an effort, according to the politicians, to safeguard American jobs. With a reported 49,000 illegal immigrants in Mississippi alone, there could be a valid concern that some jobs are being given to people who do not support the tax system. That being said, is it truly fair to stop every person of Hispanic origin and question their immigration status? For every illegal immigrant, there are many people who have Hispanic roots who are in this country as citizen or legal immigrants.
Perhaps you are an illegal immigrant, and these new laws are concerning to you. With the way that things are currently evolving, if you live in a state where these laws are put into practice, it would be helpful to have the name of a reputable bail bondsman on hand for the possibility that you are detained. If possible, it is also important to already have the name of a reputable attorney as well. If there is a chance that you will be able to be released from detention, your immigration attorney and your bail bondsman will be imperative to that process.
Finding a reputable bail bondsman is not as easy as picking up the phone. Many unscrupulous bail bondsmen exist, and it is important, wherever possible, to obtain a first or second hand recommendation. Picking up the yellow pages and taking a gamble on an unknown bail bondsman or attorney should be done as a last resort.
This country is experiencing a surge in immigration crackdown at the moment it seems, and it is prudent for legal and illegal immigrants alike to be prepared to deal with any situation that may arise. If you feel that you might be in the group that may or may not be stopped and asked about paperwork, it is important that you always have your paperwork with you if you have it. If for some reason you do not, perhaps now is the time to begin looking into a green card, permanent residency, or some other legal avenue of remaining in the country. This would eventually be a better scenario then always having to look over your shoulder worrying about what is next.
Doing what is best for you and your family is paramount. If there is even the smallest chance that you could be detained, take steps today to ensure that you have all of the proper people in place to help should the unfortunate occur.
Immigration to the United States has been a major source of population growth and cultural change throughout much of the country’s. As of 2006, the United States accepts more legal immigrants as permanent residents than all other countries in the world combined.
Recent debates on immigration reform have called for increasing enforcement of existing laws with regard to illegal immigrants, building a barrier along some or all of the entire 2,000 mile U.S. / Mexico border, or creating a new guest worker program. With all of this increased enforcement more and more illegal immigrants are being arrested and deported.
If you or a friend did not pass through a U.S immigration checkpoint on a valid visa, then you have entered the U.S. illegally. If you had a visa and it has reached or exceeded the expiration date, you are in the country illegally.
1-800-Libertad understands immigration laws. If you or someone you know has been arrested for US immigration violations, you can call 1-800-Libertad (1-800-542-3782) 24 hours a day, 7 days a week.. 1-800-Libertad has bilingual agents available to help you out.
There are two types of immigration bonds, delivery bonds and voluntary departure bonds. Many non-citizens or illegal aliens that are arrested by ICE and issued a Warrant of Arrest or 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 bail bond company.
The Judge has made a ruling and the accused is required to make a court appearance. Bail has been posted, via a bail bonds agent and the accused is out on bail. As the accused, you have certain responsibilities. The most critical responsibility that the accused has is to appear in court on the scheduled day at the appointed time. Failure to do so results in a FTA (failure to appear). The consequences of a failure to appear can range from minor to major, depending on certain factors.
As the accused, you are responsible to appear in court on a certain date and at an exact time, via the ruling of the Judge. If the accused does not, the consequences could be a fine, an issue of a bench warrant for arrest or major jail time. When the accused doesn’t appear in court, they are considered in contempt. Having this on a permanent criminal record can impede job possibilities and create more harsh penalties if the accused ends up in trouble again. The optimal solution is to not be in contempt of court by failing to appear. There are things that can decrease the risk of not appearing in court.
The accused has a mandatory obligation to show up in court for the ruling on their case. In order to ensure that the accused shows up, certain things must be in place. As the bail bonds agent, you can thoroughly explain to the accused what the consequences are if they fail to appear in court. Explain to the accused that if property was offered as collateral, the court may confiscate that property. If family members or other loved ones used their property as collateral, said property is at risk of being seized should the accused not abide by the courts rules. Having a crystal clear understanding of what the court can and will do if the accused doesn’t show up should be a great motivator for the accused to abide by the rules. As a bail bonds agent, this FTA can have a negative impact.
As a bail bonds agent, should a FTA occur, there is the possibility that you will have to pay a fine and this monetary impact can be huge, depending on what the accused is charged of doing. Make sure that you and the bond agents you have representing your company have a firm understanding of the law, the implications of FTA and the ability to convey these messages to the accused and their loved ones. Knowledge is the ultimate tool of the bail bonds agent and the accused when dealing with the legal system and the boundaries set by the court. If questions should arise, contact legal counsel. Legal counsel will know the details about each individual state’s specific laws.
Failure to appear in court is not something to take lightly, by the accused or the bail bonds agent. By having the proper information, from the Judge, court and legal counsel if necessary, most problems involving a FTA can be avoided. In the end, having a FTA will only make the consequences for the accused harsher, it is much easier to abide by the rules.
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?
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.