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If my friend who's an illegal immigrant gets arrested for assault can he give a promise to appear in trial and be released?

Duluth, MN |

-arrested for assault, possession of 3 grams of marijuana
-if he's released, when will his trial be? and will he be deported?

Attorney Answers 6

  1. It is possible that he could be released, but its more likely that Immigration will come and get him and deport him back to his country of origin. If your county has an online jail roster you can look it up. If you see something like RPR or $0 bail, but you also see released to Immigration/ICE, then he is already in the process of deportation. There really isn't much that can be done when the person is illegal.

  2. I agree with my colleague.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. Does your friend have a green card? It sounds like he does not. ...

    If he is arrested by immigration officials, he likely will be held in jail. He may well be held without the possibility of a bond. If he is married to a US Citizen, he might be able to apply for permanent resident status. He would also need a waiver of the criminal conviction for possession of marijuana, for which he would need to show extreme hardship to his wife.

    This case could be quite complicated. I suggest that your friend find an experienced immigration attorney in your area as soon as possible.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  4. A person "convicted" of certain crimes may be deported if a non-citizen. For purposes of federal immigration law, a guilty plea is a "conviction" even if there is a non-conviction disposition under Minnesota law. More information would be needed to determine the level of the threat of deportation, if any. He will need to consult an immigration lawyer to determine what is at stake for immigration purposes. He will need to retain a criminal defense lawyer immediately, to help defend the assault and marijuana charges. The criminal defense lawyer should be experienced with representation of non-citizens, and helping them avoid immigration consequences.

  5. If he has an ICE Detainer, he can be released from the county jail to immigration officials. He then can challenge removal proceedings or agree to be deported. If he challenges removal, he'll likely need to post cash bail of $10,000 and be monitored while his immigration case is pending. He will need to speak with an immigration attorney to see if he has grounds to avoid removal/deportation. The pending criminal case can affect his ability to avoid deportation.

    If he has not received an ICE Detainer, i.e., immigration hold, he can post bail to get out of the county jail or be released without bail. ICE Detainers typically are placed on illegal aliens only when they are in a county jail and interviewed by federal immigration officers who monitor jail rosters. If an illegal alien is released from jail prior to receiving an ICE Detainer, he likely will not be detained by ICE unless he returns to jail in the future.

    This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For legal advice specific to your circumstances, consult an attorney in your state.

  6. There is a good chance that he has a ICE hold from immigration. If not, then he should have a bail amount which can be posted. As for when will his trial be conducted, that depends on the court's schedule, when the attorneys are prepared for trial, etc.

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