If any family or friend who is not an American citizen is detained, they may be released from imprisonment until their case is solved – this, through the payment of bail.

If a foreigner is detained: what types of bails may be paid to release them for the duration of their case?

There are two types of Bail bonds:

  • Criminal bail bonds, which are regulated by the State and which occur in cases where a citizen or foreigner, legal or illegal is detained indicted of a crime.
  • Immigration bail, which are regulated by Federal Law and which are of a civil nature.

The latter are used when no crime has been committed and they are set in order to release an illegal alien who has been arrested or detained, but who has not been indicted for any crime – such as, illegally remaining in the United States.

It is essential to know which type of bail bond it is, because of important matters such as the different payment methods there are.

What do you need to know about this?

Any person who commits a crime will be detained. Depending on the gravity of the crime, a bail may or may not be set.

As a general norm, if the person indicted is a foreigner and the crime has the category of aggravation, a bail will not be set – even if it is a person with a legal status, such as a permanent resident or someone who has a valid Visa.

For the rest of the cases where the crime is not an aggravated one, bail may or may not be set depending of causes such as:

  • The person detained poses no risk for the community. For this, the crime record of the person is taken into account.
  • Whether there are reasons to suspect that there is risk of flight and that the person will not show up for the hearing requested by the Court. Things such as having family in the United States, for example, are taken into account.

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