My boyfriend was taken into custody yesterday morning 3/21/2013. He missed his court date and tried re-scheduling with his public deffender but never got a call back, therefore had a warrant and was picked up by a sheriff. He got two seperate charges of driving without a license a $1,000 a piece, therefor his bond was $200, we then went to pick him up around 9 when a cellmate of his called and told us they had called his name and was ready to be picked up, then they later told us we had to go home that he still wasn't ready. When I got home I called the county jail to learn his release date would now be 3/25/13 and that he was put on ICE hold, why if his bond was paid, if he has a misdemetor charge and if he was ready to go home? & now what would be your legal advice?
He cannot bond out from criminal custody if he has an ICE hold. He'll need a good criminal attorney and a good immigration attorney.
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It seems that your boyfriend is illegally in the US. In fact, I would assume that this is why he was driving without a license in the first place. In this situation, the criminal system is ready to release him on bond but the Immigration and Customs Enforcement (ICE) who are the deportation enforcers, have decided that since he is here illegally and has criminal charges, he is deportable from the US. This can only get worse if it is ignored. There are limited defenses against deportation. We should discuss his options ASAP.
Yeah he'll need an immigration attorney and a criminal attorney. Or one that does both. If you talk to him, tell him that no matter what, do not plea out to the charges of no valid dl. Judge Heinrich will probably offer him a deal to get out on time served if he will plead guilty, but it will only hurt his immigration case. He may have defenses to the criminal case and he'll need to explore those ASAP since it sounds like USCIS thinks he's deportable.
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