- Federal bonds are issued for defendants charged with federal crimes and who will be tried in US District Courts.
- State bonds are issued for defendants who are charged with state crimes and will be tried on local courts.
- Immigration Bonds are issued for defendants charged with Immigration Law Violations. Immigration Bonds are Federal Bonds but are not related to criminal charges.
The Two Types of Immigration Bonds are Delivery Bonds and Voluntary Departure Bonds:
- Delivery Bond
Any non-citizen or alien that is arrested by Immigration and Customs Enforcement (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 should be large enough to ensure that the non-citizen will appear at all immigration proceedings.
- 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 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.
The Two Options for Posting Payment for Either Type of Immigration Bond Are:
- Cash Bonds
With a Cash Bond, the full bond amount must be paid on the behalf of the non-citizen, by someone with legal status, directly to ICE. This means if the bond amount is set at $5,000 then $5,000 must be paid to ICE to gain someone’s release.
- Surety Bonds
If paying the full bond amount in cash is not an option, you will need a Surety Bond and will have to use the services of a private surety company. Working with an agent (bondsman) who specializes in Immigration Bonds and is familiar with the Immigration and Customs Enforcement (ICE) system can make the entire process more affordable, easier and quicker.
Most Common Types of Criminal Bail Bonds:
- Surety Bond
In a surety bond, a bail bond agent posts the bail bond amount on behalf of the defendant and guarantees the court that the full amount of the bond will be paid if the defendant does not show up in court. Many courts favor this form of release because the bail bond agent will make an effort to find the defendant and bring them back to stand trial. Surety bonds are generally posted by friends or family members, which helps assure the agent of the defendant’s appearance.
- Cash Bond
The entire amount of the bail must be paid in cash, cashier’s check or money order to the courts. If the defendant does not show up at any court appearance, the court may keep the entire amount of the bail. If the defendant does appear and satisfy the court, the bond amount may be refunded.
- Property Bond
If the court allows a property bond it requires recording a lien on a property to secure the bail amount. If the defendant does not appear in court, the court may seize the property.
- Release on Personal Recognizance or Own Recognizance
In this situation, the accused is released without any financial incentive to return to court. This is basically, the defendant’s word that they will return for all court appearances. This sort of bail usually is through county or law enforcement administered pre-trial release programs.
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.