How can a detainer impact a person’s release on bail?
A detainer often affects a person’s ability to be released on bail pending criminal charges. Generally, people who are jailed may be allowed to return to their communities before trial if they post bail or a bond to the court. In other cases, they may be released on their own recognizance, without having to pay any money to the court. However, when ICE issues a detainer, the court sometimes considers the detainer an adverse factor when determining a bail amount or whether to set bail at all.
In a recent New Jersey case, the prosecutor moved to increase the defendant’s bail amount after ICE issued a detainer.9 The prosecutor argued that the detainer increased the risk that defendant would not appear at his criminal trial. The trial court agreed and set a new (higher) bail; the New Jersey Supreme Court upheld the trial court’s decision on appeal. Furthermore, some cities do not consider arrestees for personal bonds (where no money need be paid) if they are under detainer.