Q: My husband was arrested on pending felony charges 9/14 72 days in jail No charges have been filed
What is going on. Why has he not been to court, can they even keep him there. He has a valid visa but ice hold due to felonies never been in trouble ever
A: He can be kept in custody indefinitely, depending on what he has been charged with and whether the DA’s office indicts him on his felony charges. If he can’t make bail, he can hire an attorney to argue for a bail reduction. Either way, he’ll need a criminal defense attorney for the underlying charges.
A: Depending on his charge, he can hire an immigration attorney to petition the immigration court for a bond so that he can be out during the pendency of his case. But the charge may have a lot to do with whether or not the federal courts will be willing to do that. In the interim, there is no point in posting a bond on the State charge since he will just be released into ICE custody, and the County will keep the bond money until the case is resolved. You need to consult with an immigration attorney so you can discuss what options are realistically available to him. Some will argue that he is innocent until proven guilty. Just make sure you ask what the chances are, or you may be wasting the money you need to spend on a good criminal defense attorney to handle the State case, as his visa renewal, among other things, hangs in the balance.
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