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My boyfriend went to jail and I paid his bond on his DWI yesterday.

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He has an ICE hold...
My boyfriend went to jail and I paid his bond on his DWI yesterday. He has an ICE hold, and I am just wondering when will ICE come and get him? I have heard 48 hours but what if the county does not release him then what should I do?
Submitted: 6 years ago.Category: Criminal Law
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2/29/2012
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,550
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

I am sorry that you paid his bond because in a way, this was a waste of money. The bail bondsman should have told you that ICE had a lock on him. Even if you pay the bail, the lock remains in place and the bail is essentially moot. Normally, if ICE has a lock on someone, then ICE will wait until the criminal manner is completed and then - once the Defendant is released from custody upon completion of sentence or being found not guilty or otherwise - ICE will pick him up.

Therefore, if he is still waiting to have his DWI adjudicated, he will wait in county jail until the matter is completed and then ICE will pick him up.

If/once he serves out his time if found guilty or otherwise is released, ICE will generally pick him up within 2-5 days from the local authorities in Texas (which is considered faster than most other states).

Upon that, he would be transferred to a Detention Facility for removal proceedings.

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Customer reply replied 6 years ago
Well in this case, I paid the bond for his dwi so ICE would come pick him up sooner...because otherwise the judge had told me that he would spend 3-4 months in county jail for his dwi...
Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Hello,

Okay, if the local DA is allowing ICE to take preference over jurisdiction of the Defendant, then so be it. What county is the criminal matter in?
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Customer reply replied 6 years ago

titus county

 

Criminal Lawyer: Ely, Counselor at Law replied 6 years ago
Thank you. He may be held on an ICE lock for 48 hours for ICE to come pick him up. In practice, this number allows for a few hours more for arranging the transfer, etc, and may actually be up to 3 days in practice.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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