QUESTION

Can a person get bonded if he is put in detention?

Asked on Dec 15th, 2012 on Criminal Law - Georgia
More details to this question:
He is a Canadian. Has a US born son. Has lived in the US for 15 years. He has four misdemeanor marijuana charges. He has had steady employment and enrolled to go to College.
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5 ANSWERS

Michael J. Breczinski
He has to have his attorney ask the court for a bond.
Answered on May 23rd, 2013 at 9:53 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Go ahead and see.
Answered on May 23rd, 2013 at 9:45 PM

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Ronald A. Steinberg
I don't know. I will say, he has a "pot" problem, though. As an employer, I certainly would not want someone like that working for me, because I would never know if he was stoned or not. Not a reliable employee.
Answered on Dec 19th, 2012 at 5:02 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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By "detention", I am assuming that your mean ICE detention and that he is either in removal proceedings or is about to be. The marijuana charges are drug charges which may make him a mandatory detainee and ineligible for bond. They may also make him inadmissible and therefor removable. I strongly suggest that you or your friend contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your friend's situation. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Dec 18th, 2012 at 2:53 PM

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He needs an attorney, as soon as possible. It would be better if the attorney is one who practices both the criminal and the immigration law. If the charges resulted in convictions, the possibility of obtaining a release on bail depends on what were the convictions (state or federal, and under which article) and what charges the USICE levels as grounds for deportation. If any of the criminal charges are still pending, it is extremely important not to plead guilty without consulting an immigration attorney. A guilty plea that seems ok (no jail time, just a fine and probation) can result in a conviction that will make deportation inevitable. Finally, you need to know that non-citizens arrested for minor crimes are often offered release on bail by the criminal court, but, once they post the bail, they are not released - instead, they are transferred into custody of Immigration & Customs Enforcement for deportation. Sometimes, they stay in the same state jail; sometimes, they can be sent to an immigration detention center in upstate New York, in Pennsylvania, or in Texas/Arizona/New Mexico (transfers occur without any warning or any conceivable reason, any make defending against deportation very difficult). For this reason, it is sometimes better not to post the bail offered by the criminal court and stay in state custody until the criminal case gets resolved.
Answered on Dec 18th, 2012 at 2:53 PM

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