If you’re not a U.S. citizen and you’ve been arrested in Florida, the process ahead may feel confusing and stressful. You may be wondering whether you’ll be allowed to leave jail, if ICE will get involved, or how your immigration status might affect your case. At Central Justice, we help non-citizen clients understand what to expect and how to protect their rights during criminal bond hearings.
Bond Eligibility for Non-Citizens
Bond hearings in Florida criminal court determine whether someone can be released from jail while waiting for trial. In many cases, judges grant a bond unless the charge is very serious or the person is considered a flight risk or a danger to the community.
However, for non-citizens, there’s another layer to consider. Federal immigration law may limit a person’s ability to be released, even if a criminal court judge approves bond.
A non-citizen may be ineligible for bond if:
- They are undocumented and charged with a serious offense
- They’ve previously been ordered removed (deported)
- Their criminal charges fall under what’s called “mandatory detention” in immigration law
This can apply to people facing charges like drug trafficking, aggravated felonies, or certain firearm offenses.
When ICE Gets Involved: Holds and Detainers
Many non-citizens arrested in Florida are subject to an ICE hold, also known as a detainer. This is a request from Immigration and Customs Enforcement asking the jail to keep the person in custody for up to 48 hours after they would normally be released.
An ICE hold can affect bond in several ways:
- Even if the judge sets a bond and you post it, you may still be transferred to ICE custody
- You may have to attend a second bond hearing, this time in immigration court
- Release can be delayed or denied entirely
It’s important to be prepared for this possibility from the start.
Criminal Bonds vs. Immigration Bonds
Many people assume a bond is a one-time process. In reality, there are two different systems at work.
Criminal Bond:
- Set by a state court judge
- Allows release while awaiting trial
- Posted through the jail system
Immigration Bond:
- Set by an immigration judge or ICE officer
- Allows release while fighting removal (deportation)
- Posted through an ICE-approved process
Being granted bond in one system does not guarantee bond in the other. That’s why it’s important to have legal support that understands how both systems interact.
What to Expect at the Bond Hearing
If you’re arrested in Florida, you’ll usually appear before a judge within 24 hours. This hearing, called a “first appearance,” is where the judge considers whether to grant bond and in what amount.
For non-citizens, the hearing may include:
- The prosecutor raising concerns about immigration status
- Arguments that the person is a flight risk due to the possibility of deportation
- A request for higher bond or bond denial altogether
A skilled attorney can present evidence showing that you have strong ties to the community, such as steady employment, family support, and a long period of residence in the U.S. These factors can weigh in favor of a fair bond.
Supporting Documentation to Bring
The right documents can help convince a judge that you’re responsible and likely to return to court. Some helpful items include:
- Proof of residence and lease or mortgage statements
- Pay stubs or a letter from your employer
- Letters of support from family, clergy, or community leaders
- Immigration paperwork, such as a green card or visa
- Evidence of any past compliance with court or immigration orders
Common Pitfalls to Avoid
Mistakes in the early stages of a criminal case can make things worse. Here are some issues we commonly see:
- Assuming that posting criminal bond guarantees release
- Failing to mention your immigration status to your lawyer
- Not preparing for possible ICE detention after release
- Missing the chance to present documents or support letters at the hearing
Talk to a Lawyer Who Understands Both Systems
At Central Justice, we understand how overwhelming the criminal system can be, especially when immigration status is involved. If you or a loved one is facing a bond hearing, we will fight for your right to be treated fairly and explain every step clearly.
We know what’s at stake, and we’re ready to help you build the strongest case possible. Contact Central Justice today for a free consultation. We’re here to protect your rights and help you move forward—no matter your immigration status.
