Las Vegas Immigration Bail Bonds
There are 2 things you need to do if you or a loved one who happens to be a legal immigrant and green card holder, has been arrested. One, you need a good immigration attorney and a defense attorney. That’s because your defense attorney may be experienced defending suspects for certain kinds of crimes, but they may not be fully aware of how your immigration status will be affected by your arrest, trial, and potential conviction.
You also should contact a bail bonds service to see if you qualify for bail. Not all legal immigrants can be freed in bail, as there are certain conditions that first must be met. In general, it is the US Immigration and Customs Enforcement (ICE) which arrests and detains legal immigrants and other foreigners.
The ICE agency has the power to release you or your loved one on your own recognizance, which means you won’t have to put up bail or pay a bail bond at all. But a judge may also set a bond amount that you or a bail bond service must pay in full in order to secure your release on bail.
To be released from jail while awaiting the conclusion of your trial proceedings, you will need the right immigration bond.
Types of Immigration Bonds
There are several types of bond that may apply to your case if you are an immigrant.
- Delivery bond. This is the typical bond that includes certain conditions that you need to comply with in order to secure your release from jail. The judge may also set a bail amount that you or a bail bond service must pay in full. If you fail to meet any of the conditions, then you may be sent back to jail while you will be unable to get back the bail amount you paid.
The bail enables you to spend more time with your family during this stressful event. In addition, you may be more able to help your defense and immigration lawyer mount an effective defense.
- Voluntary departure bond. It’s also possible that you may be given the chance to chance to just leave the US within a given amount of time. You or your loved ones can pay the full amount to ICE, and then when you leave the country the money will be refunded back to your loved ones.
- Cash bond. If the bail amount is low enough, the family and friends of the immigrant can cover the amount and pay it to ICE. The money can be paid with cash, cashier’s checks, US bonds, or money order. If the arrested immigrant complies with all the conditions of the bond and goes to all the mandatory hearings, the money will then be refunded.
- Surety bonds. If the bail amount is too exorbitant, then the immigrant and their loved ones can work with a bail bonds service which can then pay the amount for the bail. In Nevada, such services are paid by the legally-mandated 15% amount of the bail.
If you have been arrested by ICE while you’re a legal green card holder, you need to make sure that you have an immigration lawyer helping with your case so that you can find all possible options. A defense lawyer with no experience with immigration cases may not be aware of certain possible deals and opportunities that green card holders may have. For example, a legal immigrant may still be on track to hold on to their green card if they agree to a reduced sentence.
The Consequences of Conviction
In many cases that involve legal immigrants, what happens after the case concludes depends largely on whether the suspect was convicted. A conviction can take many forms, however. You can be convicted by a jury or judge, or you may have entered a guilty plea or a “nolo contendere” plea. However, you’re considered convicted of the crime only if the case is not under appeal.
You are not convicted if the jury acquits you in court, if the judge dismisses the case, or of the prosecution drops the case. The conviction also doesn’t exist after a juvenile delinquency finding rendered in juvenile court.
If you’re convicted, however, then you may be deported.
Cancelation of Removal
If you have been convicted of a crime while you’re a green card holder, then it’s also possible for you not get deported with a cancelation of removal. However, this will have certain qualifications.
- The crime you were convicted of isn’t an aggravated felony. Aggravated felonies include drug convictions for the most part.
- You must have your green card for at least 5 years.
- You must also be in the US for at least 7 years before you committed the crime for which you have been convicted.
If you are a green card holder, it is to your own benefit that you make sure your behavior is always on “the up and up”. In some cases the government may not even need a conviction to deport you. One common example is if you are a drug addict or you have abused drugs. Even if you have not been found guilty of any drug charges, any evidence that points to your drug abuse may be used to deport you.
You may also have to reconsider going outside the US while you hold a green card, as some crimes and conditions may render you inadmissible. For example, you may be denied reentry into the US if you contract a communicable disease like tuberculosis. You also be refused entry back into the US if you’re deemed likely to become dependent on public assistance or welfare once you’re in the US.
It’s really best if you’re on your best behavior while you’re still just a green card holder and not a US citizen. If you are arrested as a legal immigrant, just don’t forget to add an immigration lawyer to your defense team, and secure the services of a bail agent to help you find ways to get out of jail while your case goes through legal proceedings.
Call us, 24/7 Las Vegas Bail Bonds, if you need to bailout of jail.