If you are an immigrant and have been arrested by law enforcement, it is vital that you understand your rights. Police or Immigration Services may move to deport you, but there is a legal process involved. In many cases, you will have the chance to hire an attorney to help defend yourself.
Facing immigration detention can be frightening and stressful for you and your family. Consider calling a Doraville immigration detention lawyer to discuss your case. Your attorney might be able to protect your rights and advocate on your behalf throughout the process.
If the police arrest a person in connection with a suspected crime, they must either charge that person within 48 hours or release them. If officers charge the individual, they still must release that person if they post bail or if the charges are dropped.
However, in cases involving immigrants, police sometimes have the right to hold the person for an additional 48 hours. This situation only applies if immigration officers placed a detainer on the individual. If immigration officers fail to pick up the person within that 48 hours, the police must release them.
Police officers can face consequences if they fail to abide by laws related to detaining suspects. Anyone who believes law enforcement violated their rights should speak to an immigration detention attorney in Doraville immediately.
If immigration officers arrest a person directly, the detainee must use caution when speaking to those officials. These immigrants also have the right to hire an attorney.
Individuals in immigration detention can also contact their consulates. The consulate will sometimes offer services such as connecting the detained immigrant with a Doraville immigration lawyer.
A bond is money that a detained person will pay to the government to guarantee that they will follow court orders and attend hearings related to their case. The person who pays the bond will need to have legal immigration status in the United States and will need to pay via money order or cashier’s check.
Not everyone is eligible for release on bond. If the government issued a previous deportation order, if the detained person has specific criminal convictions, if the arrest occurred at a border or airport, or if the government suspects the individual has terrorist connections, the court may deny the bond.
When detained, an individual should request a bond hearing. At the bond hearing, a judge will determine whether the person presents flight risks, security risks, or other dangers and decide whether or not to permit them the right to leave on bond. Attending a bond hearing can be intimidating, so it may be helpful for a person facing one to hire a lawyer who handles immigration detention matters in Doraville.
The immigration hearing is separate from the bond hearing. If the individual is seeking the right to remain in the United States, they will need to argue their case before an immigration judge. These processes can be complex and require an individual to bring documents and present witnesses to support their position.
One of the first things an individual might do in an early hearing is request time to find a lawyer. A judge will often postpone a hearing to allow an individual to find legal representation. However, in certain circumstances, the person might not have the right to obtain legal counsel or to present their case in court.
As with bond hearings, the government can deport an individual if they have a prior deportation order, if the arrest occurred at a border or airport, or if they have certain past criminal convictions on their record. Anyone who does have the opportunity to speak with an attorney should contact our law office that handles immigration detentions in Doraville.
Facing detention in an ICE facility can be frightening. The immigration process is difficult and complex, but it is not something that you need to face on your own.
If you or a loved one is facing immigration detention, you need to find a legal advocate. Call a Doraville immigration detention lawyer today to discuss your case.