Facing criminal charges is a nightmare in everyone’s life. Few matters can be as serious as facing criminal charges. If convicted of a criminal offense, you stand to lose much: your freedom, your money, your future. No matter how though the charges, through, our team of New York and Massachusetts criminal defense lawyers will always be prepared to take on the accusations. Building the strongest possible defense strategy relies on lawyers dedicated to details, who will conduct a through investigation to discover every defense and every weakness in the government’s case.
At the Law Offices of Norka M. Schell, LLC our defense lawyers are aggressive. If you or a loved one is in being charged with a crime, it is important that you speak with an immigration defense lawyer who understands the complexity of the criminal and immigration systems, so that you may be properly advised of your options and qualifications for being free from custody without posting bond, or a resonable bond, or a bond reconsideration proceedings.
What You Should Know about Bond
Bonds are bail moneis paid by a bond company. The defendant secures a loan with collateral, such as a car or house. He also pays a set fee charged by the bond company. The bond is designed to secure defendant’s appearance in court. A Judge will determine whether a defenda may be released on bond based on the past history of the defendant, roots in the community, regular employment, the recommendation of the prosecutor, the type of crime, and in total likelihood of making all appearances in court and the possibility that the defendant will not commmit another crime while awaiting trial.
If an non-citizen is in deportation or removal proceedings, an Immigration Judge will also look at how and when the non-citizen came in the United States; whether the non-citizen committed any immoral acts or participated in subversive activities; and if he is eligible for relief from custody under the Immigration and Nationality Act. Assuming that detention is not mandatory, such as in the cases of arriving aliens, criminals or terrorist, an non-citizen may petition the court to be released without posting bond or he may request a bond redetermination proceedings. Immigration bonds are immediately forfeited (given up) if the non-citizen does not appear for a required hearing. Usually when the non-citizen is taken into custody, his bond will be set by Immigration and Custom Enforcement (ICE).
If ICE does not set a bond, the non-citizen can apply for a bond determination hearing with an Immigration Judge. The non-citizen does not have to wait for ICE to issue a Notice to Appear (NTA) or to file the Notice to Appear with the court—he can apply for a bond as soon as he is taken into custody. If a bond is too high, he can request for a bond hearing redetermination with an Immigration Judge. After the Immigration Judge sets a high bond or decides that the non-citizen is not eligible for a bond, he may appeal the Immigration Judge’s decision to the Board of Immigration Appeals. A bond case is separate from the immigration case.
Defending Criminal Convictions and Unlawful Entry Cases
Many non-citizen citizens who are charged with a criminal offenses enter a guilty plea without knowing the impact that their plea will have on their immigration status. It is not uncommon for deportation or removal proceedings to be initiated while non-citizens citizens are still being held by the criminal correctional system. Additionally, an ICE hold may be placed against these non-citizens, which requires that they remain in custody even if they have posted bail or completed sentences.
Prosecution for immigration crimes, especially, illegal reentry after removal, are becoming more common across the country.
If you have been accused of committing a crime, our attorneys can help you. Our lawyers will protect your rights and fight to keep you free from custody and keep you from being deported or removed from the United States. Contact the Law Offices of Norka M. Schell, LLC today.