Recent Supreme Court decisions regarding deportation and bail forfeitures should discourage bondsmen from writing these types of bails. In the first of two companion cases, the Court held that if a defendant is released on bond, then fails to appear in court resulting in a bench warrant and bail forfeiture, and then is subsequently apprehended and deported, the full amount of the bond must be paid. The court reasoned the surety was obligated to produce him in court, and had the defendant appeared, the case could have been completed. In the related case, the court held that if a defendant is deported prior to the court appearance (and bench warrant and forfeiture), the bondsman may be entitled to “some” relief. Factors include whether the defendant was ever released from jail (or taken by ICE right from the jail and then deported), the bondsman’s supervision of the defendant while he was released, whether the deportation was voluntary or involuntary, and the nature of the charges. A trial court could certainly deny the bondsman any relief.
Finally, a recent Supreme Court case held that bail may be increased once the Court or prosecutor’s office learns that ICE has filed a detainer and may be deported. Couple this with a directive sent by the Attorney General’s office last year to all law enforcement agencies and courts, instructing them that if they have reason to believe a defendant who has been arrested is an illegal alien, they must notify ICE so they could determine whether to file a detainer and seek deportation. For more information on this article, please contact AIA Communications at [email protected].