My brother have the right to pay a bond on his criminal charge,but he also have a hold on immigration.He's being in jail for the last four months,just because they keep changing the trial date.When he got arrest we paid for his bond but they put the hold a few hours after that,and we got the money back. Now they move the trial for February 2012,that's 7 months in jail with no conviction.What happend if we paid for his bond again? There's any way that he can come out?
he can not get out on bond as long as their is an immigration hold. You need to hire an attorney qualified in criminal defense and removal defense. An attorney can get things moving along more quickly and deal with the criminal matter in a way that will provide a defense to removal in the immigration court.
My website has pages for Bond, Immigration Hold, Deportation Defense
I agree with Attorney Mulder's comments. He needs to contact his criminal attorney to determine if his bond is still available. If he paid the bond again the ICE hold is still there. If he is bonded the ICE hold will still keep him there unless his criminala ttorney can contact ICE and try to get that dealt with. Its no different than if a a persons bonds out but there is an out of county hold - ie Collier Conty hold on a Dade County prisioner. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
If he has an immigration hold, paying the criminal bond will result in ICE being called and their taking him into custody. This can have a negative effect on both his criminal and immigration cases. Consult with an experienced immigration attorney for case specific advice.
I agree with my colleagues.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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