What would be your very first priority if one of your loved ones is arrested and put into prison under any charge of criminal offense? Of course, it would be to get your loved one out of the jail before you consider other things, like getting a lawyer, fighting the case, and getting him/her acquitted and out of jail. An instant release is best possible only with a 24/7 available bail bondsman service. While other options like O.R. bond is also available but they can be lengthy, tedious, and uncertain about the results. Continue readings
The U.S. Immigration and Customs Enforcement (ICE) is the government entity that arrests and apprehends foreign nationals. If the ICE or a judge declares a bond amount for a particular foreign national, you must learn how immigration bonds work so that you can get your loved one released from custody until the court date.
As long as the ICE doesn’t deem the detainee to be a threat to public safety or national security, the detainee will be eligible for one of the following types of ICE immigration bonds.
With a delivery bond, the detainee is required to appear at all immigration hearings. The individual is able to spend time with family and meet with an immigration lawyer prior to the court date.
Voluntary departure bond.
In some instances, detainees have a given time period to leave the country. Detainees are responsible for the travel expenses. Once the person has left the country, the departure bond is refundable, as long as it was paid in full. However, if the person doesn’t leave the country, the bond will be forfeited.
If you’re helping a family member or friend with an immigration bond or you need information about immigration bail bonds for yourself, most likely you have a lot of questions. The following details seven key facts that you need to know about immigration bonds so that you can make well informed decisions throughout the bail process.
How is an immigration bond different from a criminal bond?
A criminal bond is the bond paid in relation to a police arrest. Typically a person is arrested and then an immigration hold is placed. Once the criminal bond has been paid, the individual is transferred from police custody to immigration custody where the immigration bond will be determined.
How to get an immigration bond?
There are two ways to obtain an immigration bond, which are as follows.
A family member or friend of the detainee can consult with an immigration bond agent to get a surety bond. Most agents charge 15 to 20 percent of the full bond amount for this service, which is non-refundable.
A family member or friend of the detainee can pay the complete bond amount right to the ICE. Once the detainee has attended all required court hearings, the money will be refunded.
How much do immigration bonds cost?
The ICE or a judge will set the bond amount. There are multiple factors that contribute to this amount including the individual’s immigration status, employment situation, criminal history, and family ties. The higher the risk of the person leaving the country, the higher is the bond. Typically the minimum amount for a delivery bond is $1,500. From there, it can be as high as $10,000. Most departure bonds have a minimum of $500.
How to pay for an immigration bond?
You can pay for a cash bond with a cashier’s cheque, money order, U.S. notes or bonds, or cash. For other types of immigration bonds, you must pay with a cashier’s check or money order. Plan accordingly and show up at the bond office with the proper form of payment.
Who can post an immigration bond?
A U.S. citizen or a lawful permanent resident (aka a green card holder) must post the bond. If an illegal alien is paying for the bond, he or she must do so through the proper party.
How long does it take to obtain the bond money?
The court case must be completed before the bond money will be returned. The case can take several years, and then it may still be a few more months before you get the money.
How to find a trusted local immigration bond agent?
As the future of a loved one can depend on the outcome of the immigration bond process, you don’t want to hire the first agent that you come across online or in the phone book. Seek out a reputable source for qualified immigration bond agents, such as signature bail bonds. You can use this type of site to find a local immigration bond agent and then inquire about their costs and services
Also Read: Traveling Restrictions While Out On Bail
Bail has been part of the justice system for centuries. Some people believe bail is too lenient for criminals, but there are practical reasons that bail exists. No, it isn’t just to create a job for a bail bonds agent.
Allowing bail for those who will show up to face the consequences of their crimes allows space in already over-crowded jails to be saved for violent criminals who may pose a further danger to society.
After investigations, an accused criminal may be acquitted or charges will be dropped. By allowing bail, these people do not find their homes and jobs turned upside down for no reason, as they would had they spent time in jail waiting on a decision.
A person is considered innocent until proven guilty. By allowing bail, they are given some benefit of the doubt as to their innocence and not held what could be considered too long.
Some crimes are not only minor, but unlikely to be repeated. By allowing bail, the individual is given an opportunity to redeem himself and live a normal life from that point on. This keeps families together and allows for jails to serve their purpose of keeping violent prisoners off the streets.
If bail wasn’t a regulated part of the justice system, families with money might be able to pay for their criminal family members to be released, while those without money would be forced to wait the time out locked up. By having a system in place, being released until found guilty is more equal.
If you are in need of posting bail for yourself or a loved one, please contact Signature Bail Bonds to discuss your needs. A bail bonds agent can help make this difficult time easier.
Having a trustworthy relationship with your bail bonds company can be the difference between obtaining appropriate legal coverage and being in the position to repay a cost for bail. While there are many companies listed in articles that advertise as being legitimate, this is not always the scenario.
Always be sure to appropriately research these companies, especially when considering the effect that their business may have on your well-being, or that of someone that you love.
A little research – Refer to a company search with the Better Business Bureau. Not only will you be able to identify a company rating by way of individuals who have directly utilized these bail bonds companies, but you can view any formal complaints that have been lodged against the company.
Clear and easy process – Confer with the bail bondsman about the process and what needs to be done. This will provide the necessary information in determining what company knows what they are doing, but it will also let you know if there is anything that you need to be concerned about. Trust in your company is of the utmost importance and can be eliminated if the company does not handle this initial conversation appropriately.
Make use of web – Reputable bail bonds companies can be found online with higher consumer ratings. Utilize this tool for efficiency.
Go for a licensed one – Ensure that the company with which you are working is licensed. Not only is this a legality, but it ensures that they know what they are doing so that you do not get yourself into any further legal issues. This can be researched online through the state department.
If you have are in need of a trustworthy and reputable bail bonds company, do not hesitate to contact Signature Bail Bonds to meet your every urgent legal need.
Drug possession charges are often very serious for offenders, and even more so for repeat offenders. However, that doesn’t mean that you can’t fight a charge before you go to court or when your court date finally shows up.
While you may not escape unscathed if you were found with drugs in your possession, there are some benefits to fighting a case. In cases with mitigating circumstances, you may even be able to fight and win the case – if you do your homework and prepare the right way.
Use this guide to educate yourself on how to fight a drug possession charge in the state of California after you hire a bail bondsman:
What are the California Drug Laws?
Both the federal government and the state of California generally determine penalties for drug possession based on the amount of the drug a person has in the possession at the time of the arrest and the ‘schedule’ of the drug. Drugs are scheduled – basically meaning that they are ordered – from schedule I to schedule V.
Schedule I drugs are those that tend to be the most addictive and have the highest risk of dependency. These drugs include cocaine, heroin, most hallucinogenic drugs, methamphetamine and certain types of amphetamines.
Schedule II drugs are dangerous and have a risk of abuse, but they may have medical benefits. These include methadone and surprisingly, opium and some types of amphetamines.
Schedule III drugs have a moderate risk of abuse but tend to be less dangerous, resulting in a reduced likelihood of overdose. These include anabolic steroids, ketamine and testosterone as well as some types of depressants.
Schedule IV drugs are typically prescription drugs – things like Xanax, Clonazepam and tranquilizers. They still pose a threat and risk of dependency, though they have legitimate medical uses.
Schedule V drugs are ones can be prescription-based or over the counter drugs. For example, both codeine and Tylenol are schedule V drugs, though having any prescription drug that wasn’t given to you by a doctor or pharmacist can still land you in hot water. Obviously over the counter drugs like Tylenol won’t get anyone arrested for drug possession and a bail bondsman is not needed.
What are California Drug Penalties?
After you are arrested for drug possession you will likely be able to get a bail bondsman to help you get out of jail so you don’t have to wait on a court date. However, a bail bondsman won’t help you to understand the charges against you in most cases.
While a lot of the penalties that can be levied against a person have to do with their criminal record, there are some benefits to hiring a lawyer to fight the case. Even if you’re convicted, you may be able to get a sentence that doesn’t include jail time.
Using Proposition 36, your attorney may be able to help you get one year of drug treatment in return. The level of care and cure required for the inpatient and outpatient rehab treatment or other types will be determined by the Department of Health. You may also be eligible for drug court, which allows you to live at home, getting monthly drug tests, effective sessions on addiction and judicial reviews along with enrollment in a 12-step program.
Finally, some people charged with drug possession in California may be able to get away with a deferred entry of judgment which means that you have to go through drug treatment for six months clean and sober. After an additional year of remaining arrest-free, the case may be dismissed.
Can You Beat Drug Possession Charges in California?
Many people who get arrested for drug possession want to know if they can actually beat the charges levied against them in court. Unfortunately the answer isn’t completely black and white, but there are times when you can beat a drug possession case if you hire a competent attorney who understands California drug laws.
The biggest reason people are able to fight drug charges in the state of California is medical marijuana use. After all, the state does allow people to have a certain amount of marijuana in their possession if they are prescribed cannabis by a doctor. Still, individuals without a license may be able to fight charges if they only had a certain amount on them at the time of the arrest.
Bail bonds are not something that average person has a lot of experience with. In fact, most people don’t know anything about bail bonds other than the fact that they’re used as collateral when a person gets out of jail after some sort of offense.
Whether you need a bail bond for yourself or you need to help a family member, friend or loved one out, understanding how they work is essential after an arrest. Unfortunately, bail and bail bond criterion is different in every county which can make it hard to understand as an entity.
Still, there are some basic criteria used to determine which individual can put up bail after an offense and which cannot. Of course, to really understand the laws in your county you’re going to need to talk to a bail bondsman in your area.
Use this guide to help you get a basic understanding of how the arrest, bail and bail bonds process works in general.
During an Arrest
Before the bail process, the person being arrested will be taken into custody by the arresting police officer. Typically, the person will be transferred to the county jail where they will be placed in a holding cell. In some places, specific holding cells are set up for certain types of common offenders – particularly those arrested for suspicion of driving under the influence of alcohol and drugs.
In most cases, the person who was arrested will be held for several hours while paperwork is being processed. An individual is usually released from holding once their paper work has been processed – typically within a few hours to overnight. However, that is not always the case, depending on the nature of the offense.
When Are Bail Bonds Needed?
Bail bonds are typically needed when an individual commits a serious offense or it is not their first offense. For example, many people who arrested for DUI are released and given their court date without having to post bail before they can leave the county jail. However, if a person has a second DUI offense, they may be required to post bail before they are released. In some places, bail bonds are required for DUI in all cases, including San Diego County and many others.
Typically, bail bonds are not needed for relatively minor offenses like misdemeanor drug possessions or reckless endangerment through something like driving more than 20 miles over the speed limit. Still, this does vary from county to county, and there are no ways to know unless you do the specific research on your area. If you have been arrested, you will be informed about how bail will work in your specific case based on your individual offense and criminal record.
How Much is Bail? One of the most common questions people have about bail bonds is how much they really cost. While it does vary widely from person to person and offense to offense, minimum bail bonds in most areas start around $2,500. That’s because bail bonds are generally only needed for relatively serious offenses or when there is reason to believe that a person will not show up for their issued court date.
Second, third and fourth offenses will generally cost much more than $2,500 for a bond to release the person from jail.
Who Can Get a Bail Bond?
Whether or not a person is eligible for a bail bond depends on a variety of different factors. First, the offense must be a bailable offense in the county where the violation occurred. Some types of offense, felony drug possession, trafficking, or much more serious crimes like attempted manslaughter are not ones that are usually allowed bail.
Offenses that are much smaller, like a first DUI or misdemeanor drug possession are typically bailable offenses if you are a first time offender. In the case of people who have broken a particular law or who have a long rap sheet, bail is still a possibility but the amount will usually be considerably higher.
In order to obtain bail, you may need to put up some sort of collateral or pay a portion of the bond in cash on your own. Large bail bonds may even require you to put up possessions like a stake in your home or vehicle in order to obtain them and be released.
Even if you or a family member or loved one is initially denied bail, you may be able to appeal and still get it in court.
Bail is usually set at the defendant’s first court appearance after arrest, which is either a bail hearing or an arraignment. There are standard schedules which provide guidelines for bail amounts. In addition, judges may raise or lower bail based on several factors.
Here are 5 key factors used by judges to set a bail amount:
Severity of the charges. The judge will first look at the severity of the charges, especially whether or not the crime was violent. Police often arrest defendants under the highest available charge with the expectation that the charge will be reduced (for example, arresting for felony possession with intent to sell rather than misdemeanor possession); unfortunately, this can be detrimental to defendants seeking bail.
Protection of the public. Protecting the public is the primary concern in determining bail. If the crime is violent, the judge may not set bail at all or the judge may set a very high bail to deter the defendant from skipping trial. The judge will also determine whether the defendant poses a threat to themselves or other people.
Criminal history. Bail is likely to be set high for defendants with a past criminal history. This issue ties into protection of the public.
Flight risk. If the judge determines that the defendant is likely to skip the trial and flee from authorities, bail will be set higher. The entire bail amount is forfeited if the defendant flees, whereas the bail amount is returned if the defendant attends the trial and adheres to the conditions of release.
Defendant’s employment status. Judges are more likely to grant a lower bail to defendants who have stable employment to allow the defendant to maintain their employment status until the trial.
Once you have been arrested, there are a number of things that must occur before you are cleared for release.
Depending on the crime, such as misdemeanor, possession charges, or speeding violations, you may only be issued a small fine and a date to show up in court, if you choose to appeal. In some cases, you may not need to appear in court at all if you pay the citation. Late payment of the amount generally incurs additional fees.
Setting and making bail
If you are placed under arrest and booked into a correctional facility, your first order of business will be to find out how much money you need to get out. For minor violations, the amount owed is relatively standard across the board. Either you pay it or someone else comes to the jail and posts bail on your behalf.
Bail may be determined by a judge
You may be arrested for a major offense, such as drunk driving or a violent crime, for which a judge must determine the amount of your bail. Typically, the bail amount is correlated to the severity of the crime for which you are being charged. The worse the offense, the higher is the bail price.
Buying a bail bond
If you lack the funds to pay your bail in full, you can petition a bail bondsman to do it for you. You can purchase a bail bond from the bail bondsman, who typically takes a 10% fee. Typically, you need to put up some sort of collateral to convince a bondsman that you won’t skip town.
Seeing or hearing that a loved one has been arrested never sounds pleasant. Regardless of what happens in the end, you will need to bail your loved one out of jail so that they can consult with attorneys and prepare a case for themselves.
Here are some steps to follow to free your loved one from jail:
Start at home
When you become aware that your loved one has been arrested, the first thing that you should do is go home. You will likely be taking and making numerous calls. One of those calls may be from the budget underwriter, who may need to contact you to exchange information numerous times throughout the ordeal.
Additionally, your home phone number is typically listed as your primary phone number in the phone book. Also, you have more privacy in your home than you have anywhere else, so you can hold meetings with privacy.
Collect the right information
The most important thing you need to do is figure out where your loved one is being held. It may be in the police station if they were arrested after hours or they may be in a local correctional facility awaiting trial. Obtain a list of offenses and the amount of money that you will need to ensure the release of your loved one.
Exchange the right information
The budget underwriter needs to know how to contact you as he will probably be doing it numerous times. To ensure that information is obtained as quickly as possible, give your budget underwriter one number to work with and proceed to answer questions as briefly and as accurately as possible. Do not be afraid to use ‘Yes’ and ‘No’ to keep the conversation short and sweet. The sooner your budget underwriter has all the information, the sooner your loved one can be released.
April 15th is Tax Day.
Arrest for tax evasion in California is one serious problem. If you, a friend or a family member gets booked and jailed for tax evasion, you need a fast and informed response.
Tax evasion is the act of avoiding paying taxes or making limited payments through illegal methods. It can cover filing a false tax return or documents, failing to pay taxes or a tax return or failing to collect employment or sales taxes. In California, that means violation of California Revenue and Taxation Code Section 19705(a) and Section 19706.
A misdemeanor charge can land you a year in prison but a felony can cost you three years in prison for each violation. Bail, if permitted, will free the arrestee while trial is pursued. The amount of bail for an arrestee is determined by each county’s Bail Schedule but the judge can refuse to grant bail or set a bail higher than the county’s schedule.
Two kinds of worry:
- In a civil case, the government claims that you made a mistake or were negligent in filing taxes. There may be no fine or prison term but there may be a 5% penalty to pay on overdue taxes.
- In a criminal case, the government says that you deliberately falsified information or took actions to avoid paying taxes. The charges may include arrest and jailing prior to arraignment and trial.
Obviously, arrest indicates that the government has investigated your tax history and obligations. Arrest is a sure sign they think they can make a case against you.
Get serious advice:
In any tax evasion arrest, good advice is necessary and invaluable. Only a qualified experienced bondsman, like Signature Bail Bonds can expedite the paperwork, facilitate the process and bring assurance to you and your family.
Contact us today for further information!