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| CO Bonding bill? http://fugitiverecovery.com/forum/viewtopic.php?f=26&t=11644 |
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| Author: | sandman [ Mon 24 Jan 2011 13:31 ] |
| Post subject: | CO Bonding bill? |
Saw this one today, can anyone from CO elaborate? Just curious... http://coloradoindependent.com/72569/bo ... -says-aclu |
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| Author: | tsuggs [ Mon 24 Jan 2011 14:04 ] |
| Post subject: | Re: CO Bonding bill? |
In the past, some bail agents not only in CO but other states too, would knowingly post a bond for an illegal. Most states have laws that will allow the bail agent to legally get off the bond if the defendant was ordered deported by ICE. So many agents would post the bond with the lnowledge that most likely that person will not be released from jail but turned over to ICE and later deported. So they don't have to worry about a FTA, as the sate law would exonerate the bond under those conditions. This law as written will require the bail agent to sign an affidavit stating that they know this person could be deported and if that happens, you will NOT be allowed to get off that bond. In CA, many illegals are "forced" into voluntarily leaving. ICE will tell that if they fight deportation and lose, they can never come back legally to the U.S. If they voluntarily leave, they can apply to come back legally in 10 years. So most leave on their own and are taken to the border by ICE. They usually just sneak back across the border later. Under those conditions, "self removal" a CA bail agent is NOT granted relief from the FTA. The bail agent must pay off the bond as the courts look at this as the defendant just returning to their home country on their own and not ordered to leave by ICE. |
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