This guide answers common questions about whether someone in custody is allowed to bond out, so they can fight their case while out of custody.
Who is generally eligible for bond?
You are generally eligible for bond if you DO NOT fall into one of the following categories: 1) You were detained while trying to enter the United States; 2) You have been convicted of a crime of moral turpitude; 3) You have been convicted of a drug or firearm offense; 4) You have been convicted of an aggravated felony.
I was detained at the border, what are my options?
If you were detained at the border, then you can ask for parole. This commonly applies for those seeking asylum who passed a "credible fear" interview. In this situation, Immigration and Customs Enforcement (ICE) will consider releasing you while your immigration case is pending. You need to prove your identity, that you are likely to appear for all scheduled hearings, and that you are not a danger to the community or security risk to the United States.
I don't know if I have been convicted of a crime involving moral turpitude, what should I do?
This is a very complex area of the law. Every conviction has to be analyzed on its own. For example, theft third degree in one state IS a crime involving moral turpitude, but in another state theft in the third degree IS NOT a crime involving moral turpitude.
I have been convicted of a drug offense or firearm offense, can I be released from custody?
The US Government takes drug convictions very seriously. If you were convicted of possessing a drug (except marijuana) even for personal use, you will not be eligible for bond. A conviction involving a firearm is equally as serious.
I don't know if I have been convicted of an aggravated felony, how can I figure it out?
An "aggravated felony" includes convictions that are not even considered felonies in State Court. The definition of aggravated felony includes crimes as serious as murder and rape. It also includes crimes of violence with 1 year or more in jail and other serious crimes.
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