Bail Bonds Carthage Ms -Progpulsion.Com Uncategorized Can an Undocumented Immigrant Request Bail if he is Detained?

Can an Undocumented Immigrant Request Bail if he is Detained?



What happens after a person is arrested?What happens after a person is arrested?

Well look, in this climate that we have with Trump, too many people are stopping it and everyone thinks, oh, the law has changed! And it is not the law that has changed, it is the thought that has totally changed. A year and a half ago, an immigrant who had no background and had contact with immigration, would not have been arrested. They would only have treated him as a criminal if he had really been guilty or convicted of a crime.

Today, an immigrant is a criminal just because he is in the United States without permission, and that criminal has to be found, he has to be found, he has to be imprisoned, in as many as possible, just for being here. That mentality is totally different.

 

Is a person who is breaking laws and that is why he is committing a crime?

crime

Exactly, and does not deserve consideration, that person must be in jail and then deported. That is the thought with which we started, so now it is our obligation to show why he is not a criminal, why he deserves to be outside and with his family, instead of being detained. It’s a totally different perspective because now it’s a different climate.

 

So, first, if tomorrow immigration grabs me and I am a criminal this is what will happen:

So, first, if tomorrow immigration grabs me and I am a criminal this is what will happen:

First: they will check if there is a deportation order, or there is no deportation order. And how are they going to do that? They will take your fingerprints, your photos, they will find out your information and if you have a deportation order you will not go before a judge unless you say you are afraid to return to your country. What does that mean? What are you applying for asylum or something similar?

With a deportation order, the government wants to deport you as soon as possible. It is very important that immigrants do not carry their passport today, it is important that they have a valid passport, but do not carry it with them. If an immigration officer finds you and finds that passport, you know you’re here without permission.

Suspecting is different than knowing; They can not stop you just because they suspect you are here without permission. They can stop you if they know you’re here without permission, so do not carry your passport.

Second: they will deport you as soon as possible. If the immigrant is from Mexico, or from Canada, in less than a week of being detained, he will already be in his country. Because there is an arrangement between the United States and those two countries on the northern and southern border, where you do not need a passport to send you back, you only have to confirm that you are a citizen of one of those countries, that’s all.

It’s super fast! When you think that it may take two or three days to process someone, so that your family knows where the immigrant is being detained, in less than four days you will have returned to your country. That is something drastic and it is somewhat problematic and for that reason, one can not wait to prepare for that moment, until when he is already detained and we are going to talk later, near the end of the program, what can be done to prepare.

But, the point is that they will deport you as quickly as possible, particularly in this climate, if you have an order of deportation. The only way to stop that is a request to ICE asking to stop the deportation and you have to have a very good reason, because the government’s point of view is that you already had an opportunity to fight your deportation and you lost it, that’s why it turned out your deportation order. They do not want to give you a second chance to do what you should have done before.

So the first thing, order or no order, and why is it important? If one has a deportation order, there will be no bail and they will deport you super fast. If you do not have a deportation order, now you can fight deportation and maybe you have a defense. For example, you have a wife or husband who is American and can apply for you, or parents (before Trump removed him), victim of a crime of violence, the law of 10 years, if you are a minor and you were A young man who was abandoned by one of his parents, victim of a crime: U or T visas, or asylum.

These are some of the examples that exist to defend a deportation case and get legal status, now also back to Deferred Action: So, if you do not have a deportation order and you have a defense, there you can apply for bail.

Before, we are talking about a year and a half ago, applying for bail was easier and almost automatic.

 

What does bail mean?

What does bail mean?

Bail is when one is applying and asks the court to please not let him be detained and allows him to get out of prison under certain conditions. It exists for cases in which there is a crime and also exists for immigration, they use different words, but the idea is the same. It is said: “for these reasons I deserve to be out of detention, during the period of my trial.”

Before Obama, in fact, we talked about three years ago, because this situation began to change two years ago, with Obama also. Three years ago if I was detained by immigration, and imagine that I am here 15 years ago, I have three children born here, my wife is American and I do not have a background, immigration would have taken my fingerprints and told me: “Good luck, sir. We leave quiet, do not get in trouble and we do not put you in trouble. “They would not have stopped me, they would not have put me in deportation and it would not have been a problem, because I was not a priority for deportation.

Today that changes, and began to change from the moment a deportation process began, but the immigration officer let me leave on bail, he gave me bail at the time and did not have to go before a judge just to ask for it. So, if my family paid for it in a day or two, I was already out of detention, and although I am in the process of being deported, I could be outside with certain conditions.

But, what happens now, is that this officer will not give me bail, they will arrest me, I will have to go before a judge between two or three weeks and that will be my first opportunity to apply for bail. If I’m not ready, they’ll give me another date in three, or four weeks. It may be that I am now detained for six weeks or two months, before they give me bail, or that they give me the conditions under which they will let me out, and it is usually an amount that one has to pay in full.

There is no payment plan for this, it is paid at one time and it has to be paid by a citizen, or someone who is a legal resident, someone who has permission to be here. If you send your brother who is undocumented to pay, maybe he does not go out and give him a room next to you, it is not recommended.

So, now I’m detained, I do not have a deportation order and I want to apply for a bond, well, in what situation am I disqualified? When can I apply for bail? The first thing the judge will see is whether he has the jurisdiction to hear a bond request since there are certain conditions under which the law says: “I have to be detained,” period. In that case, the judge does not have permission to listen to an application, or a bail application, for example, if I killed someone, or sold drugs.

The law has something that considers aggravated crimes and has immoral crimes; Aggravated crimes can be crimes of violence for which I went to jail for more than a year, for example, if I kidnapped someone, or I had a fight and someone died, something serious, like I sold drugs.

 

Now, what if they found me guilty of theft?

That depends on the situation, if I stole $ 5 or $ 5,000 dollars, if they accused me of something or they found me guilty, so the point is that it is not easy and it is not obvious, besides that this changes for each State. What happens in New York, maybe a little different from what happens in New Jersey, because immigration is federal, but each state has different laws.

So we have to see what happened, for example, if you entered Arizona, lived there for five years, they accused you and they found you guilty of some crime and now you are here in New Jersey ten years later, and immigration grabbed you and you have to evaluate how that crime in Arizona that happened ten years ago affects you. Since the laws are a bit different, it is possible that the accusations are also different.

If you do not qualify, because you do not have the right to a bail request, perhaps you can reopen a crime, or you can try to change what happened and change the conditions for which you are disqualified now.

 

What happens if you qualify for bail?

What happens if you qualify for bail?

In fact, last week there was a decision by an immigration court of appeal saying that, if you were found guilty twice for driving drunk, you are a danger to the community and you do not deserve bail. It’s a great thing, because before your bail was high in that situation, but I did not disqualify you, now this decision indicates yes. So, if you were found guilty of driving drunk, a second time, or if you are defending a drunk driving case, you have to talk to a lawyer who focuses on immigration and those crimes, so he can assist you in one, or both. That is super important, do not go simply and plead guilty thinking that you pay the fine and there will be no problem because there will be a problem, I assure you.

 

So, if you qualify and have a background or something minimal that happened many years ago, you have to prove two things to the judge, and a third party will help you:

So, if you qualify and have a background or something minimal that happened many years ago, you have to prove two things to the judge, and a third party will help you:

  • You are not a danger to the community. What does that mean? That, if the judge lets you out, you will not go to commit another crime, you will not go and kill someone, or cause domestic violence since you are not a person with problems, which causes problems.
  • You’re going to present yourself to the court, so you’re not going to start.
  • You qualify for legal status. That is, you need to have some way to stay here in the United States, and one thing is to apply, and another thing is to win. For example, if I’m here more than ten years ago, I have a son born here and he’s American, so I can apply for the ten-year law since I’m in the process of deportation and this is a defense to deportation. Applying does not mean I’m going to win, and that can happen in two years fighting my case, but if I’m stopped that will happen in three or four months. It is a big difference!