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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96326
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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my husband is in county jail he has a bond, if i pay his bond

Customer Question

my husband is in county jail he has a bond, if i pay his bond the jail says they can not release him because he has an i.n.s "hold" my question is how long can they hold him with this "hold" if i have already paid his bond here?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Yes, that is correct, ICE has 48 hours to pick him up. If they do not do so, the county jail must release him or he could sue them for false imprisonment.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96326
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
does it matter if it is the weekend?does this time still count as th 48 hours?
Customer: replied 5 years ago.
does it matter if it is the weekend will they say that this time does not count? Also does it matter that he is illegal or is this a standard rule in all the 50 states we are in colorado? Does the 48 hours start after i have paid the bond? thank you for your help!
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
The 48 hours start after he would otherwise have normally been released from state custody.
Customer: replied 5 years ago.
im sorry i dont understand thats 48 hours after he should have been released on the state bond right? so 48 hours after having paid his bond. sorry for the confusion. this applies to colorado law also?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Yes. But for example, let's say you post the bond and in your county, the process is that the prisoner is released 4 hours after the bond is posted to allow for processing time unless it is posted on a Saturday, then it would be 4 hours starting on Monday. This is just an example, I have no idea what it is in your county. Then if you post bond at 8am on Friday, he should be released at 12pm on Friday and the 48 hours begins at 12pm on Friday. Of if you post bond on Saturday, then he would normally be released maybe at 12pm on Monday and then the 48 hours start then, at least in my example.

 

So you would need to find out what it is in your county as I do not know.

Customer: replied 5 years ago.
The jail is saying he has an i.c.e detainer and so it doesnt matter if i post his bond he can not get out and that there is no time limit that they can hold him for i.c.e since i.c.e had a hold on him before i posted bond. so basically they are telling me that federal law gives them permission to hold him as long as i.c.e has this detainer even after 48 hours of posting his bond. they said the only way he can get out is if he is sentenced serves his time and ins still has not come for him then they have 48 hours to release him.i was just wondering what you think , and if you think i should still persue with bond. this is just very interesting to me because the police in this town belive they can do as they please. They told me that attorneys are not always right so they are going to do what they have always done. i thought every one has rights. Sorry for all your trouble, and thank you for your help.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Not a problem. It seems to me that if they are going to play hard-ball like that, you are most likely going to have to hire an attorney to make sure that his rights, such as they are, are not trampled. You should go to www.ailalawyer.com and look for an attorney that has both immigration and criminal law experience. Don't be afraid to shop around and ask questions about their experience. It is your money and you are the boss.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35168 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.