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 Post subject: Re: Immigration Case
 Post Posted: Fri 15 Apr 2011 08:53 
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I believe we have the same 4:00 PM deadline also. It is really 2:00PM. Anything after has to wait until the next day.

I have never done a immigration bond. The family never seems to have all the collateral to cover the total bond costs. And that is not even calculating the recovery costs.

Most of the families that have contacted me about a bond end up letting the defendant "self deport" and have them come back across in a week or two.

I had one woman that was "deported" and took a 2 year old daughter with her. In less than a week she was back in time to keep her job and a San Ramon, CA McDonalds.


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 Post subject: Re: Immigration Case
 Post Posted: Fri 15 Apr 2011 11:16 
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I have already done one, and may have 2 more in the works.. But your right, whats the point? (and commission for referral is nothing, so not even worth it for us) They just VR and come back on their own and save the thousands in bail, charges are typically dropped/cleared, back to life as usual... Very unfair, because a citizen has to face their charges and pay fines/jail etc... :evil:


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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 09:23 
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I am not sure I understand fully the definition of the words used in this post... "immigration bond" and the addition of the word "federal immigration bond" are a bit confusing to me...

To wit...

I have bonded non-citizens, with and without SS numbers... I have bonded non-citizens legal and illegal. I don't know how that would be defined in this post but if it is done right, and I certainly try to do it that way... it is not particularly a problem... unless of course you don't do it with all the proper set up and then it can be a real problem...

My take on this would be the key word "Federal"... now I don't do anything on the federal level... state bonds period... and when writing these bonds as described, I always get what is needed or I just don't write it.

I have written bonds on illegals even without a co-signer/indemnitor... I recall an Hispanic that I bonded several years ago on a 1st offense DUI... he didn't even speak English. I had an interpreter who explained to him that he had to put up the entire amount plus my fee and he would get all but my fee back if he went to court and finished his case... he had no one to sign for him but he had cash in pocket... he told me that he did not trust the jail to take his money but he trusted me???? (must have been my sunglasses)... anyway, he gave me all the bond plus my fee and I never saw him again... the court found him guilty in absence... fined him and sent a registered letter to his address of record... no response. The case was finalized without forfeiture... I wrote him on two separate occasions, certified, with no response... the money is in a fiduciary account that I have and will remain there for the duration of the contract wording (the statement in my contract reads that unclaimed collateral; cash or property; will be forfeited to the bond company after 12 months) I have had no problems with this in court. It is legal and signed by the defendant and/or the indemnitor if involved. I have taken guns, watches, cash and even a car and no one came to claim these items... I have diligently tried to return each with no luck... so be it. Now don't misunderstand me... this doesn't happen often but it does happen, especially in a rural setting such as I operate.... I had one defendant offer me his prize 'fighting rooster' ... which I declined.... another offered me a pound of 'Cambodian Red'... which I had no idea what it was... but after looking it up... I think I should have taken that :lol: :lol: :lol:

sorry, I regress...

... anyway... bonding illegals I guess is not the same as an immigration bond, but I just thought I would add my uninformed two cents here.

BTW, I do not make it a habit to bond illegals, it just happens quite infrequently in the course of business and if done in a very limited way... it is workable.

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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 14:13 
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An immigration bond is differant then a regular state bond. It is a bond amount set by INS-Immigration. When someone that is here illegally gets arrested, they go to county jail. They have to see a judge for those charges. While they are at the jail if they are not identified as a legal citizen, INS will come interview them and typically but an INS hold on them. That means that they must go to INS after they deal with the state charge. When they go to INS they will either be given VR-Voluntary Return to thier country of origin or in some cases a bail option, Immigration Bond, which they can post bail for and bail out. Only an agent with a fire and casualty license can write these in the state of CA. Thats how I have learned it to work here, cant speak for any other states tho...


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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 15:37 
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Quote:
Only an agent with a fire and casualty license can write these in the state of CA. Thats how I have learned it to work here, cant speak for any other states tho...


... as in P&C.... Property and Casualty.... which in Virginia is the requirement as a Surety agent. Does that mean that a Property bondsman cannot write an immigration bond since he normally has no insurance license?

... and thanks for the clarification.

So... why would any agent write this type of bond with the obvious pitfalls that could and will take place if ICE sends him packin'? If I did an immigration bond in Virginia and ICE sent him "home" before his state charges were adjudicated... he would obviously FTA on his state charges and knowing the jurisdiction and judges like I do... they would forfeit the bond in a minute and hang you out to dry....

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Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 15:52 
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The money is there to be made.
My understanding is that is why the bondsman usually get the full collateral to cover the bond amount, a recovery fee, in case he/she does skip, and of course the bondsman fee. They would get all back except the bondsmans fee when all is done.

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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 16:48 
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BigDave wrote:
The money is there to be made.
My understanding is that is why the bondsman usually get the full collateral to cover the bond amount, a recovery fee, in case he/she does skip, and of course the bondsman fee. They would get all back except the bondsmans fee when all is done.


Oh yeah, full collateral of course, but no other way would I even consider those... I am fairly sure they get done without full collateral... but not by me................

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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 Post subject: Re: Immigration Case
 Post Posted: Sat 16 Apr 2011 23:18 
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If Immigration sends him home, then the bond on the state charges gets exonerated. Just get the proof from immigration.

I'm probably not the most knowledgable person on here for these, as I am still a newbie. This is just what I have learned in the past few months..


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 Post subject: Re: Immigration Case
 Post Posted: Sun 17 Apr 2011 05:43 
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MadMadi wrote:
If Immigration sends him home, then the bond on the state charges gets exonerated. Just get the proof from immigration.

Well, that is probably the way it is supposed to happen but I have had numerous situations where the judge on the case does exactly what he wants, regardless of what the rules or even the state code says. Now you can certainly appeal his decision but you are now looking at added costs and time and in the meantime... you still have to pay the exoneration and even if you prevail in the appeal, the repayment could take months or even years... I stand on my statement.... the rule of thumb in this business is.... "there is no rule of thumb."

As a judge told me one time............ "Your a bondsman son... get used to it..."

Very unfortunate but very true.

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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 Post subject: Re: Immigration Case
 Post Posted: Wed 20 Apr 2011 17:55 
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In CA, if the "illegal" is ordered removed from the U.S., then we can get our state bond exonerated with written proof from ICE that the defendant has been removed and ordered not to return.

As Madi stated, if they "self deport" or voluntarily leave the U.S., we are stuck paying off the state bond forfeiture.

With an immigration bond, very few people can come up with 100% collateral. So many do not bail out from ICE as they can't meet the collateral requirements. They leave and sneak back in.


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