Can People Get Bailed Out if they’re Here Illegally?

People here illegally have many concerns and they usually live under the radar.  What happens if they are accused of a crime and locked up?  Can they get bailed out?

We’ll share the story of Rudy Gonzalez.  He was just a baby when his parents decided to overstay on student visas.  America is the only country he has ever known.  But, Rudy wasn’t born here.

It was a night that Rudy will never forget.  Rudy was out with two of his buddies.  They were headed to the casino.  Before they left, the guys shared a marijuana joint.  Admittedly, the car smelled like weed.

Maybe it wouldn’t have mattered if Rudy’s friend didn’t coast through a red light.  It was reason enough for a police officer to pull over the car.  All three were searched and detained.  Rudy did not have credentials showing he had legal status in the United States.  What now?

 Bail for Undocumented Immigrants

We’d like to tell you that there is a steadfast answer on whether bail will be permissible for undocumented immigrants.  There are a few considerations.  First, do the police intend to notify the Department of Homeland Security Immigrations Customs Enforcement (ICE)?   They may decide that it is not necessary to do so.

The decision to information ICE that someone is not in the country legally may be based on a few factors.  For example, consider the following:

• Has the individual overstayed a visa?
• Is the accused here because a family member overstayed a visa?
• Was there a deportation order issued and violated?
• What is the nature of the crime?

There is a very real possibility that an undocumented immigrant can expect to be turned over to the government.  From there, additional steps must be taken.

The most obvious is that there are now two cases.  The defendant first has to face criminal charges.  Next, they have issues concerning legal status.

In some instances, it is possible to obtain surety bail bonds for those who face problems with their immigration status.  At Andrew Pizzo Bail Bonds, we review these types of matters and provide competent and compassionate information.

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An arrest of any kind is difficult.  We can help you through the process.  If you or your loved one needs assistance obtaining bail, please contact us.