Husband on immigration hold and has two court dates pending in may 2013 he's not going to be able to be in the courts and if he does not go he can get a bench warrant on him and we don't want that, What can i do?
Family Law Attorney
You ask a question that has only one possible answer. There is no quick fix: no bit of advice to give you to guarantee your hisband will be fine. Hire counsel to defend the 2 criminal cases and that understands the immigration consequences of criminal conduct. We are skilled as to both. www.taubcriminaldefense.com
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
Not much you'll be able to do about the custody right now. Each court date and criminal case must resolve and then the next court date will resolve and then ICE will take him into custody for processing. Best to hire an immigration lawyer to prepare to defend him in removal proceedings and to advice the the criminal defense lawyer(s) about the consequences of any pleas.
Hire a criminal attorney in that jurisdiction and they will deal with this issue in his absence
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If your husband has an immigration hold, then he is in the sheriff's custody and there should not be a problem with him appearing unless it's a different county from where he is detained. Do you really mean that he is detained in ICE custody/under authority of ICE? If he cannot make the hearing, often a judge will issue a bench warrant and then when able to go, a person appears voluntarily to clear the warrant and deal with the case. If he is going to be detained for a while by ICE and really wants to go to the criminal court, his criminal lawyer can ask the state court judge to issue a writ of habeas corpus ad prosequendum, which is an order for him to appear. ICE is not bound to honor the other, but has discretion to. The order tells your husband to appear for trial and orders the sheriff to transport and return him as a prisoner from/to ICE custody.