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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33227
Experience:  Began practicing law in 1992
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My cousin is in trouble and now he is in custody. He has 8

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My cousin is in trouble and now he is in custody. He has 8 counts of criminal charges (He strongly denied doing any wrongdoing) against State of Pennsylvania. A woman pressed charges against him after owning him money from a job he has already done for her. He claimed he never said anything or did anything but he was going to sue the lady and had hired a lawyer advice for that matter. I believe that lawyer was useless. We no longer need that type of lawyer. In fact, the lady (plaintiff) was prompt enough to make up a story and have him arrested. Anyway and whatever it is, he is on custody now.He already posted a bond,so technically he must be set free from State of Pennsylvania custody waiting on his trial but the Philadelphia authority turned him to Immigration officers. He is still on custody with the state of Pennsylvania while waiting for the immigration to make up their mind whether to take him to their detention center or let him go. He has hearing next year pending case with immigration to adjust his status. Does immigration has the right to put hold on him at the state jail center after already posting a bond for him? How much time the law allow to hold an inmate before the immigration pick him up or make a decision to hold or to let go? This does not sound right to me. I need help what to do if is right what they are doing to him.


JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Does immigration has the right to put hold on him at the state jail center after already posting a bond for him?

JD 1992 :

Yes, absolutely. A hold by ICE and a charge and bond in state court are two entirely different things.

JD 1992 :

How much time the law allow to hold an inmate before the immigration pick him up or make a decision to hold or to let go?

JD 1992 :

He can only be held for 48 hours on an immigration hold without a warrant being issued. If it is longer than 48 hours he is entitled to bond.

JD 1992 :

Once a warrant has been issued by immigration then he can be held indefinitely on the warrant.

JD 1992 :

The 48 hour hold excludes holidays and weekends and can be found in the US Code of Federal Regulations 8 C.F.R. § 287.3(d)

Customer:

at the 48 h will expire tomorrow at 11:30 PM, if immigration hold him beyond and on a warrant. Is he entitled to a bond?

JD 1992 :

He would be entitled to a bond on Monday since the time ends on a weekend.

Customer:

He has a pending case to adjust his immigration status. He has hearing next year for that matter.Does it mean Immigration need a warrant beyond the 48 h ? Is he entitled to a bond if the immigration obtain the warrant? How he can be detain without a bond or bond hearing? He is married and has 2 kids less than 6 years and he is the brain winner. his detention will be very hardship for his family.

JD 1992 :

Immigration needs a warrant to have the hold extend past Monday. He woudl not be entitled to a bond if Immigration gets a warrant.

JD 1992 :

He can be detained because the law allows for a 48 hour hold without a warrant and an indefinite hold if a warrant is obtained. It's one of the disadvantages of not being a citizen and in the country.

JD 1992 :

Did you have additional questions?

Customer:

Just another one. If I understand if they get the warrant he may not ever get a bond or a bond hearing, Am I right ?

JD 1992 :

That's correct, unfortunately.

JD 1992 :

He may, but he may not.

JD 1992 :

However, if he beats the charges in state court there is a good chance they will withdraw the immigration warrant.

Customer:

One more think. I want to hire him a criminal defense and immigration lawyer licensed in Pennsylvania.Any way to get a reference if possible.Thank you sir. Good job.

JD 1992 :

You're very welcome. Unfortunately, we can't give referrals but you can go to www.lawyers.com. That website allows you to search by location and area of practice. Look for a lawyer who does Criminal Law and then go through the listings to see who does immigration work as well.

Customer:

One lawyer who is going to handle both case. A good one, please.

Customer:

Good job sir.

JD 1992 :

That website should allow you to pick one out.

JD 1992 :

Best wishes to you and your cousin. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

Yes sir, I will rate you excellent and I'm pleased to do so.

JD 1992 :

Thanks!

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