Hi my name is Ayumy and i am an an american citizen married to an illegal immigrant who is currently in custody for small amount of cocaine and DWI charge his bond is 50,000. but with a bondsman it is 5000 if I pay the bond should county jail let him go even if he has an ice hold? We have two smaller children together who he supports and really need him here. I have already hired a criminal attorney for his case but he does not specialize in immigration so I'm really not sure if i should just go ahead and pay the bond. I'm located in Saint Joseph, MO. Thanks
The consequences of posting the local bond will depend on your spouse's immigration and criminal history. Certain criminal and immigration violations may make someone ineligible for release from immigration custody, but it's impossible to know without reviewing the individual details of the case. If the ICE hold was going to make a difference to his release, then the criminal judge may have denied bond, but a criminal bond was set, so the real issue may be whether your spouse will be eligible for release from immigration custody.
I suggest contacting an immigration attorney directly and quickly before posting the bond. You need to contact someone directly because websites like this are not designed to do the type of analysis that your spouse's situation requires. It may be helpful for you to obtain copies of any documents relating to your spouse's prior criminal and immigration history, such as certified court dispositions. I've also attached a link to an Avvo guide I wrote about ICE holds. I hope you'll find it useful. Good luck!
The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
No, if he has an ICE hold, he will not be released. He will be taken into ICE custody and likely placed into immigration detention and placed into deportation proceedings. The best thing you can do is retain a local experienced immigration attorney ASAP to see if the ICE hold can be lifted.
Don't pay the bond. If he has an ICE hold, he will not be released on bond.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Too much information for this forum. Call an immigration attorney to see what the best course of action is.
This does not create an attorney/client relationship. I am licensed to practice law in Kansas and Missouri only. I only represent clients with a signed contract and who have either paid a fee or I agree to represent through the VAP project at Legal Aid of the Western District of Missouri. This is not legal advice.
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