Can An Illegal Immigrant Get Bail in California?

The issue of noncitizenship lingers over those experiencing a stressful in-between status, as well as immigrants who have been outright denied American citizenship. This issue can disrupt and uproot entire lives and families who are based in the States when the court system is involved. If you or someone you love has been arrested and is a noncitizen, don’t assume the worst- there are still many options available and allies like us at Power Bail Bonds to remedy the damage and aid in getting you and your loved ones home safe. As it stands now, California has declared itself a “Sanctuary State” as of 2019. This indicates that anyone who is a noncitizen cannot be legally held in detainment or flagged by ICE without warrants and probable cause. Undocumented immigrants are not left hopeless if they are arrested. They are not automatically deported. Although they are not citizens, they still have rights and resources that will assist and protect them as much as possible.  If you or your loved one is arrested regardless of their citizenship status, Power Bail Bonds can help. This differs from other bail bonds companies such as Aladin, who are more conservative with noncitizens. We are intimately engaged in the process and put ourselves in touch with the specific jail and court system as soon as we get your call. Our long-standing relationship with these jails and our in-depth understanding of these judicial systems allows us to expedite this process, and get up to date information as it comes in. This means less stress and waiting time for your release. For illegal immigrants, the likelihood of getting taken into ICE custody or being streamlined into deportation is very minimal in most cases. For those convicted of a misdemeanor charge (or various other minimal charges) holding a relatively clean record these cases typically don’t reach the higher levels of the judicial system. That is why at Power Bail Bonds, we are able to bail out most U.S. noncitizens with a standard bond rather than needing a complex immigrant bond required during more serious offenses. Knowing Your Rights  While many think that their options are limited in terms of being approached, arrested or detained by a police officer or immigration official, in reality, noncitizens in living California have real rights and protections. Staying informed will keep you safe, decrease your risk of jail time, and hopefully smooth over uncomfortable legal troubles. By knowing your rights, and who to call when in these situations you’ll safeguard yourself and your family. Here are a few examples of where knowing your rights and protections can have a large effect on the outcome of a potentially serious situation:

• If a police officer or an immigration official questions you about your legal status, you have the right to remain silent. In California, we further the protection, by not requiring you to state your name to a police officer (this is not the case in most States). In addition to rightfully declining to state, you also have the right to ask the officer if you are being arrested or detained. Of course, it always helps to communicate with the officer in a polite manner, speak clearly and not rush through your words. This will only help to keep the interaction as neutral as possible and avoid unnecessary hostility on either end.

• Again, if a police officer or immigration official questions you about your status, you have the right to remain silent. This also means that you do not have to show them any identity documents, state your name or present them with paperwork. In fact, it’s probably best you don’t, as you won’t know what could help or hurt you until you speak with an attorney.

• Keeping a copy of a Know Your Rights Card is a very helpful safeguard in case an event such as this should happen to you. An immigration officer cannot force you to answer any questions. Even if you are arrested and taken into custody, you have a right to remain silent and to ask for a lawyer. Upon inquiry, you legally do not have to (nor should you) tell the officer where you were born. Other identifying factors such as your nationality, or what your immigration status is could be potentially harmful during this process, so don’t relinquish those things until you speak with an attorney. Do not sign any papers, and above all else, never lie or show any false documents to authority figures. This will only cause a mountain of issues and potential harm for you down the road.

To make this unsavory process as easeful as possible, the vast majority of our agents are bilingual so that you can be understood and quickly helped the second you call. We ensure to get a Spanish speaker on the phone within seconds if you or your loved one does not speak English.