Bail for alien smuggling cases in Del Rio Federal Court.
A federal judge may let you out on bail if police arrest you for smuggling migrants in the Del Rio, Texas area. But getting bail in Del Rio Federal Court is tricky. This is because the judges must make sure you qualify for a pretrial bond. And more importantly, the Del Rio judges strictly follow the bond-release rules.
Nevertheless, you have a right to ask a judge for bail. In this post, I will give you an overview of how the bail process works in federal court. In particular, I will explain how judges decide if a person should get out on bond or remain in jail until the case is over. Finally, I will give you tips and ideas to help improve the odds of getting a loved one out of jail.
Why is my case in Del Rio Federal Court?
The Del Rio Division of the Western District of Texas covers seven counties that are at or near the border. These counties are:
- Val Verde;
- Maverick;
- Kinney;
- Uvalde;
- Edwards;
- Terrell; and
- Zavala.
To add to that, police patrol ranch roads, farm roads, and highways in these counties looking for suspected human smugglers. This means if Border Patrol arrests you for transporting aliens in one of these counties, then the system will send your case to Del Rio Federal Court.
After police arrest you for a human smuggling crime, they will bring you to the Del Rio Federal Courthouse to see a judge.
What happens at an initial appearance?
An initial appearance is the first time a person goes to court after police arrest him for a federal alien smuggling crime. At this hearing, the judge will tell the person why he is in jail and what his rights are. Specifically, the judge will the person the following:
- Provide details about why police think he broke the law;
- Tell the person that he has a right to hire an attorney;
- Advise the person that he has right to both a prelim and bail hearing; and
- Warn the suspect about his right to remain silent.
On top of that, the person must decide if he wants to hire a lawyer or ask for a court-appointed counsel. The good news is that this choice is straight-forward. If you have money to hire an attorney, then you should explore that option. If not, then ask the court to give you an attorney.
Federal Bail Hearings for Alien Smuggling in Del Rio Federal Court.
Surprisingly, many first-time alien smuggling defendants get bail in Del Rio Federal Court. However, this result is not guaranteed. To see why, we need to look at how a judge decides if you can get out on bond or stay in jail.
To get bail after police arrest someone for an 8 USC 1324 crime, the person needs to show three things:
- The person is not a flight risk (not jump bail).
- He will not be a danger to the community while on bail (stay out of trouble while on bail); and
- The person will follow the rules of pretrial release.
In addition, the judge will also consider the facts of the case. If someone was hurt or killed during the smuggling crime, then the suspect is not likely to get bail. Another fact that may hurt your case is if you put people in the trunk of the car or if you put people in sealed containers with no AC or heating system.
Similarly, if the person got into a high speed chase with police, then this will lower his chances of getting out on bond.
The judge will also look at the person’s criminal history, ties to the community, and stability before it decides if the person will get bail. This is why first-time alien smuggling suspects with no criminal history are more likely to get bail than suspects who have other crimes on their record.
In addition, if a person is already on bond, probation, or parole for another crime, then the judge will likely not give them bail for the Del Rio case. Finally, if the person had his bond revoked in other criminal cases, then this will make it less likely he will get bail in the Del Rio case.
Co-Signers and Third-Party Custodians.
A judge in Del Rio will require that a third-party custodian watch over the person while out on bond. This person should be a U.S. Citizen or Legal Permanent Resident. The custodian should also have a job and no criminal record.
In short, a custodian is the adult in the room. The custodian must make sure the person shows up to court and follows the rules while on bond. Above all else, the custodian must be a responsible and dependable member of the community.
Tips and Ideas to get Bail.
There is no silver bullet that will guarantee a person will get bail in any federal case. That choice rests solely with the judge. But there are steps you can take to improve the odds of getting out on bail.
Namely, you must first form a plan with your attorney. This includes working with the person’s family to find someone who will go to court and sign the release bond. Some examples of people who would be good co-signers include:
- Employers or work supervisors who can testify the person has a job and is a dependable worker;
- Members of the community who know the person and can say he will not cause problems while out on bail;
- Any responsible adult who presents well and is grounded.
Furthermore, you should also show that the person has somewhere to go if he gets out on bail. This place should be free of drugs and provide a stable place for the person to live. Plus, it is helpful to bring work or school records that show the person is working or going to school.
One final tip. Someone from the pretrial office will reach out to the family to gather information about the person in jail. It is important that you work with this officer and complete the paperwork they ask for. The judge will use this information to help it decide if it should let the person out on bond.
The goal is to show the judge that the person will not jump bail or cause trouble while out on bond.
Helpful Court Contact Info for Alien Smuggling Crimes in Del Rio, Texas.
| OFFICE | CONTACT INFO |
| Del Rio Federal Courthouse Address | 111 East Broadway, Del Rio, Texas 78840 |
| District Clerk Phone Number: | 830-703-2054 |
| Del Rio Federal Pretrial Services Phone Number: | 830-703-2096 |
Bond Hearings for Del Rio Federal Alien Smuggling Charges.
If police arrest you for a federal human-smuggling crime, then you can ask a judge to let you out on bail. However, the odds of getting bail will depend on the facts of your case and your criminal history. An experienced criminal lawyer can review your case and push for your release by focusing on the key ideas we reviewed above.
Del Rio Defense Attorney Genaro R. Cortez. 210-733-7575.
Genaro R. Cortez is a federal criminal defense attorney with over 20 years of experience. Since 2003, he has helped hundreds of clients charged with first-time human-smuggling crimes in San Antonio and Del Rio, Texas.