If you’ve paid attention to the headlines in the past week, you probably know that a federal judge has revoked Paul Manafort’s bail.
When a judge revokes bail in the federal court system, the defendants do not pass go, they do not collect $200, and in most cases, they’re taken into custody by the US Marshal’s Service before they have a chance to walk out of the courtroom.
If you’re wondering why this is so significant, or how federal bail bonds is different from bail bonds for state cases, you’ve come to the right place.
Manafort’s $10 million-dollar mistake
The biggest difference between the federal and state bail bonds, is while state bail guarantees the defendant will go to court, federal bail bonds not only guarantee court appearance, they guarantee all terms and conditions of the defendant’s release.
If you’ve been asked to help arrange an immigration bond for someone who is being held at an ICE detention facility, it’s natural to have lots of questions about how the process works.
Although immigration bonds share some similarities with state and federal bail bonds, they also have some differences. For example, whereas state and federal bail bonds are posted for defendants who are accused of breaking the law, immigration bonds are used when someone has been charged with being in the United States without proper documentation.
Here is another example of the so called “PARS” program at work…..or rather, FAIL to work, as the case may be.
In January of this year the defendant, Samantha Marcial, (case #16CF0430, see attached) was entered into the PARS program and released from custody after being charged with felony burglary and grand theft. She since has picked up another grand theft/receiving stolen property case and has been a fugitive since March. Because there is no bail bond agency and co-signers incentivized to have Ms. Marcial appear in court, she will more than likely remain a fugitive. This means justice goes unserved (so sorry victims) or if by chance she gets picked up again, it’s the tax-payers that carry the costs of apprehension and incarceration.
Regardless as to whether someone is arrested by the local police, the U.S. Marshal Service (USMS) or Immigration Customs and Enforcement (ICE), one of the first questions people often relates to how much it will cost to get them out.
In some ways, immigration bonds are similar to state and federal bail bonds. For example, in all three instances, when a bond is posted, the detained person can leave the jail (or ICE detention center) and resume their day-to-day life while their case is being decided. On the other hand, the cost to arrange state, federal and immigration bonds, varies.
By Diane Bass, Criminal Defense Attorney, Orange County, California
Bail Bondsmen play a completely different roll in Federal Court. The federal court does not accept bail bonds in the same way that they do in State Court. Bonds in Federal Court are either Signature Bonds which are unsecured bonds very similar to a promissory note, usually signed by a responsible third party. The other type of bond used in Federal Court is a Property Bond or a Bond that is secured by property, almost always real estate.
If you have a friend or loved one who is being held in an immigration customs and enforcement (ICE) detention center, you likely have a lot of questions about immigration bonds. For example, how do ICE bail bonds work? How much will they cost, and what will you need to do to get your loved one released from custody?
This is where immigration bail bonds companies come in. When you call our office, we’ll help guide you through the process, step by step, and we’ll be happy to answer your questions and address your concerns
If you are appearing in Central Court on a warrant or your current bail may go higher, be sure to have a qualified bondsman with you, otherwise you will be sent to jail. The new policy states that if at any point a judge“remands a defendant to the custody of the Sheriff”, they will no longer accept a bail bond in court and the defendant will be sent to Orange County Jail.
Bail serves a very important function — allowing individuals to secure release from jail before trial, reflecting the American ideal that all are presumed innocent until proven guilty — and that is why it has been the most common way to secure release throughout the history of the American justice system. While bail allows an individual to go free temporarily, it creates a financial incentive for the accused to show up to court, as they will forfeit all funds if they do not appear.
Our bail system also puts the burden of ensuring compliance on third-party bail bond agents, rather than on law enforcement alone. This is because bail bond agents have a financial interest in getting their clients to court or — if the individual tries to evade justice — recovering the accused and delivering him or her to the court. Typically, bail bond agents also require the involvement of family and friends to co-sign and guarantee the appearance of the defendant in court, otherwise they could be held financially liable.
However, under the new law SB10, bail will effectively be eliminated as an option for release.
As an ExpertBail member we strongly support changing the way the public views our industry. The stereotypes portrayed in television and films could not be farther from the truth about bail bondsmen, the types of people we help and how we conduct business on a day-to-day basis. ExpertBail is at the forefront of this “rebranding” effort and Bail Bond Professionals is extremely proud to be associated with this exclusive group of the finest bail agents across the country.