How to Get Someone Out of Federal Custody in San Diego: Federal Bond and Detention Hearings

Was your family member just arrested by federal agents in San Diego? Call (619) 357-6677 now. The first days after a federal arrest decide whether they come home while the case goes on or wait in custody for months. Attorney Anton Vialtsin has handled over 400 federal criminal cases in the Southern District of California and is a member of the CJA Panel, a very strict selection that requires years of federal criminal experience.

Federal court is not state court: no bail schedule, no bail bondsman

In California state court, many people get out by paying a bail bondsman a percentage of a set bail amount. Federal court works differently. There is no bail schedule. A federal judge decides at a detention hearing whether your family member can be released and on what conditions.

In San Diego federal court, a release bond is usually guaranteed by family members and friends who sign as sureties, sometimes with a cash deposit or a deed on a house. You do not need a bail bondsman, and you should not pay one before talking to us. The bond paperwork goes through the defense attorney, who prepares the sureties, collects their documents, and presents them to the court.

Beware of scams. If someone calls and asks you to pay for a federal bond, do not send money. If the judge requires a cash deposit, the check is written directly to the court, never to a person or a company. You get that money back at the end of the case, as long as there are no bond violations.

Why the detention hearing matters most

The detention hearing is often the most important hearing early in a federal case. The prosecutor will often ask the judge to keep the person in custody until trial, arguing they are a flight risk or a danger to the community. In many drug and firearms cases the law starts with a presumption that the person should be detained, and the defense must give the judge reasons to release them anyway.

At the hearing, the judge looks at the charge, the evidence, the person’s family ties, job, home, criminal history, and whether they have come to court in the past. A Pretrial Services officer interviews the person and gives the judge a report with a recommendation.

This is where your lawyer makes the difference. Before the hearing, Anton:

• talks with the family to find the right sureties and gathers their documents;
• proposes a release plan the judge can accept: a bond amount, a place to live, a job, travel limits, GPS monitoring or a third-party custodian;
• challenges the government’s arguments for detention in court.

The hearing usually happens within days of the arrest, so every hour counts. A family that calls early, with sureties and documents ready, gives the judge the strongest reasons to release their loved one. If the judge orders detention, the decision can be reviewed, and new information can reopen the question.

What to do right now

1. Call (619) 357-6677. Have the person’s full name, date of birth, and, if you know it, the agency that arrested them (DEA, HSI, FBI, Border Patrol, CBP).
2. Do not discuss the case on jail phone calls or visits. Those calls are recorded and can be used as evidence.
3. Think about who could sign the bond. Sureties are usually close relatives or friends with a steady income or assets who live in the United States.
4. Start gathering documents (see the list below), so the bond can be posted as soon as the judge sets it.

Types of federal bond

The judge’s order is called the “Order and Conditions of Pretrial Release: Bail.” Your attorney will give you a copy. Unless the person is released on their own recognizance (O.R.) or detained, the judge sets a personal appearance bond in a certain amount, secured in one or more of these ways:

• Signatures of financially responsible adults (sureties). The bond amount is not paid upfront. Each surety must show the court that they could pay it if the defendant does not come to court or violates another condition of release.
• Cash deposit. Part or all of the bond is deposited with the Clerk of the U.S. District Court. The check is written directly to the court, and the money is returned at the end of the case as long as there are no bond violations.
• Property. A deed of trust on real estate is recorded in favor of the Clerk of the Court.

For sureties: how to fill out the federal bond paperwork

If you are a proposed surety for one of our clients, please watch this video all the way through. Anton will email you the bond packet.

1. Sign the Appearance Bond (the page titled “UNITED STATES DISTRICT COURT”) where it says “surety.”
2. Fill out and initial the first page of the Surety Addendum (titled “SURETY ADDENDUM TO APPEARANCE BOND”). Each surety fills out their own.
3. Print your name and sign the second page of the Surety Addendum (titled “AFFIDAVIT BY OWNER OF CASH SECURITY”).
4. Have your signatures witnessed by a notary public or by your attorney.
5. Make copies of two photo IDs for each surety, for example a driver’s license and a passport. Do not use a credit card as the second ID.
6. Attach proof of income and assets for each surety: your two most recent pay stubs, your tax return, W-2s or 1099s, and statements for savings, retirement, mortgage or other assets. For example, if the bond is $30,000 secured by one financially responsible adult, you do not deposit anything, but you must show $30,000 or more in assets.
7. If the judge set a cash deposit, bring a cashier’s check made out to “Clerk of the Court,” or deposit the amount at the Clerk’s Office of the U.S. District Court. Never pay a bond deposit to a person or a company.

Send everything to Anton. He reviews it and files it with the court.

If the bond is secured by real estate

Complete steps 1 to 6 above, and also:

1. Prove the value of the property. Get the most recent tax assessment from the County Recorder’s or Assessor’s Office where the property is located, or a signed written appraisal of its current market value.
2. Figure out your equity. Subtract everything owed on the property (mortgages and other liens) from its value. The equity must be at least equal to the bond. If you are not sure, ask your attorney before you sign a deed.
3. Prepare a Deed of Trust naming the Clerk of the United States District Court as the beneficiary ONLY.
4. Record the Deed of Trust in the County Recorder’s Office where the property is located (for San Diego property, the San Diego County Recorder) and give your attorney a certified copy of the recorded deed. It is then filed with the Clerk’s Office.

Common questions

Do I need a bail bondsman in federal court? No. In San Diego federal court, bonds are secured by family and friends who sign as sureties, a cash deposit paid directly to the court, or property, and the paperwork goes through the defense attorney. Call us before you pay anyone.

Someone called asking me to pay for the bond. Is that real? Be careful: this is a common scam. Do not send money to anyone who calls about a federal bond. A cash deposit, if the judge orders one, is paid only to the Clerk of the U.S. District Court. Call us first.

How fast can my family member get out? It depends on the detention hearing and how quickly the sureties and documents are ready. Calling right away gives your attorney time to prepare a release plan before the hearing.

Do I have to pay the full bond amount? No, not for a personal surety bond. The sureties promise to pay only if the defendant does not come to court or violates the conditions of release. A cash deposit is paid only if the judge orders one, and it is returned at the end of the case as long as there are no bond violations.

What if the judge says no? A detention order can be reviewed, and the question can be reopened if there is important new information, such as a new surety or a better release plan.

What if there is an immigration hold? Tell us right away. An immigration detainer can affect what happens after release, and it changes the strategy for the detention hearing.

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If a family member was arrested on federal charges in San Diego or Southern California, call LAWSTACHE™ LAW FIRM at (619) 357-6677. Our office is in downtown San Diego, near the federal courthouse.

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