Big Boyz Bail Bonds Owner -No Money Down Bail Bond Functions

No Money Down Bail Bond Functions

Lately we are seeing an aggressiveness Imprecious of ICE to arrest individuals. Many agents are presenting themselves with civilian clothes to homes, places of work, and even family and criminal courts to make arrests. Although most of those arrested do not have legal status there are a large number of those arrested who are Permanent Residents.

Generally, the people arrested are mostly people with previous deportations or with a criminal record – including things as small as DUIs (driving intoxicated). Others are simply young people from Central America that ICE is accusing of being a gang member just for using certain colors on their social networking pages. This has alarmed a large part of the community since some officers have made arrests in a very arbitrary manner.

It is important to be aware of your rights to be able to assert them. In a somewhat ironic way, there are individuals arrested by ICE who will qualify to submit an application that may result in their residency.

It is therefore that we present the most important points to keep in mind if you or your relative arrives to be arrested by immigration:

If immigration arrests you, say absolutely nothing without a lawyer.

Most of the time people panic and quickly find a group official arresting him who speaks Spanish. It is part of our psychology – to think that maybe a Hispanic officer will help us if we tell him everything. Be polite Be kind. Also, be smart. This officer is dedicated to arresting individuals and simply because he speaks Spanish does not mean that he is going to let him out or he will give him bail. They use any information that you give against them. If you are given a document to sign, do not sign it and say that you prefer that your lawyer be present to explain that you say that paper.

Do not answer any questions about your identity or nationality to someone you do not know.

Many agents are using “traps” such as “IRS calls” or “college counselors” to get valuable information about their identity, their address, and their legal status. When a person is detained by immigration (ICE), it is their duty to prove (called in English as Burden of Proof ) that you are who they claim to be and that you are not an American citizen. The first thing many people do is to give the government all this information without them having a document about it.

Do not let any officer enter your house without an order signed by a judge. Most of the time ICE does not get a judge’s search documents. They only print a paper without any legal power that has pictures of an individual ( and most of the time it is not of anyone who lives there) and they use it as an excuse to enter inside a house. While they were in the house, they arrested everyone they saw there. The law treats homes as a holy place in which individuals have a great deal of right to protect. Do not open up to anyone and if they touch do not panic, assert your rights and ask them to pass the paper underneath. If it is not a judge’s order, explain that you are asserting your right not to open without a valid order. If you rent a room, be sure to lock it and tell your landlord that you do not give permission for someone to enter your room.

People detained by ICE have the right to request bail.

The ICE protocol is to arrest certain individuals and give them a subpoena called ” Notice to Appear” denoted as NTA, which is a Notification to Appear in court in front of a judge. They also have the right to give you an ” issue a bond ” bond so your family can pay it and you can continue to fight your case by being free.

You have the right to ask an immigration judge to bail you if ICE Denies You the Bond

ICE has the power to bail you even after you stop it and send it to court. Unfortunately, they do not do it in most arrests. This is where you can ask the judge to “re-determine” if you qualify for bail. If you have a lawyer, a motion can be submitted to the court for you to have your bail hearing.

Not all detained individuals have the same hearing in front of a judge.

There are detained individuals who, as a consequence of what is in their criminal history, do not qualify for bail. There are times when the record of your criminal history (or the punishment given) is incorrect. There are occasions when immigration alleges that conviction is a crime of moral turmoil and it is not so. For this, the detainee can request that the judge give him a special hearing called Joseph Hearing. This hearing is for the Judge to determine if you truly do not qualify for bail (in legal terms, to see if you are truly subject to the INA 236 (C) immigration law that prohibits bail to certain individuals.)

In a bail hearing, the judges ask that the detained person prove that (1) it is not a risk to society and (2) he is not at risk of fleeing and not presenting himself to court.

These factors are essential and at the letter of the law. If you have more than 1 IUD or have been convicted of a crime considered “moral turpitude,” or in more easily understood words, an intentional crime, the prosecutor will use this to try to convince the judge not to bail him. Remember that there are certain crimes that disqualify an individual from being considered on bail. Here is the importance of having an immigration lawyer who can (1) very carefully inspect your criminal history (2) see if there is an error (3) check the criminal code of conviction with acts that require a conviction. Example: There is a big difference between an intentional assault and a reckless assault. A person with an intentional assault conviction does not qualify for bail if a jail sentence of more than 6 months is given while a person with a reckless assault conviction generally does qualify (based on this New York criminal law). Again, this is where it is very important to have a lawyer who can see these documents and can advise you of your rights and your possibilities of being able to request bail.

The detainee’s family must be very dedicated in working with their immigration lawyer to provide documentation that the judge will consider in the bond decision.

This point is one of the most important to be able to leave on bail. The law indicates that it is the detainee’s duty to prove that he deserves to be released on bail. While in detention you can not do that without the support of a loved one outside of detention. This person (or persons) must work with your attorney to collect evidence of (1) all your family ties in the country as a family (citizens or legal residents) through birth certificates, marriage certificates (2) proof that you he is a person of good moral character as a letter from his church, testimonies from people who know him, proof of his work, letter from his employer stating that his work will continue to be available after leaving; letters from people you have helped in some way, and any other evidence that you see relevant (for example:

The decision of the Judge may be appealed by the arrested person and also by the prosecutor :

If the Judge denies you a bond you can appeal. You have the right to appeal to the Migration Appeals Bar (in English, called BIA – Board of Immigration Appeals). On the other hand, if the Judge gives you bail the prosecutor can also appeal.

It is very important to have all the bail money available preferably before you set up your bail hearing.

The bonds are returned to the person who paid the money after the case is over. Most bonds in New York are an average of $ 10,000 (may be more or less than this). Even if the judge grants bail the prosecutor can appeal the bail. If the appeal is submitted within 24 hours and if your family has not yet paid the bail, you risk being put in detention.

If you are released on bail, your case will most likely be transferred from court and judge dealing with cases of non-detained individuals.

Normally all arrested cases are heard by a judge appointed to only cases of the person in detention. After leaving on bail your case can be transferred to another office. Even so, you have to attend all of your audiences. If you do not leave, the judge who will hear your bail case will also hear your deportation case. Cases of detainees are considered “priority.” Judges with detained cases usually give their hearings within 1-2 months of separation. This is very different from the cases of people in freedom where the hearings are usually 6 months later and up to 2 years later for the final (individual) hearing. It is important to leave on bail to have more time to prepare your case but if the judge denies the bail, make sure your family struggles to get all the evidence of your case as soon as possible.

Whatever your situation, do not give up. Be sure to look for all of your legal options before asking for an exit or deportation order.

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