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Federal Court Continues to Require Immigration Courts to Conduct Bond Hearings

By Peek & Toland on October 7, 2019

In April 2019, the U.S. District Court for the Western District of Washington’s preliminary injunction in Padilla v. U.S. Immigration & Customs Enforcement, in which the plaintiffs were challenging delays in bond hearings and credible fear interviews for some asylum seekers. In its preliminary injunction, the district court had ordered that immigration courts provide bond hearings with new procedural protections within seven days of requests or release the individuals from detention.

Shortly thereafter, Attorney General William Barr issued a decision in Matter of M-S-, that would eliminate bond hearings for all individuals who enter the U.S. without inspection, are placed in expedited removal proceedings, and establish a creditable fear of persecution or torture if deported to their native countries.

On July 2, 2019, the district court modified its preliminary injunction to state that immigration courts must continue to provide bond hearings within seven days for affected individuals with new procedural protections, despite the decision in Matter of M-S-. The federal government immediately appealed the modified injunction to the Ninth Circuit Court of Appeals.

Federal Court Continues to Require Immigration Courts to Conduct Bond Hearings

The Ninth Circuit granted a temporary stay of the district court’s orders to allow the parties to complete briefs on the government’s motion to stay the orders. Following submission of briefs by the parties, the Ninth Circuit granted the motion for stay in part and denied it in part. More specifically, the Ninth Circuit declined to require immigration courts to hold bond hearings within seven days with new procedural protections, but left that portion of the injunction intact that required the immigration courts to continue to hold bond hearings for these individuals. The injunction does not apply, however, to individuals who appeared at a port of inspection to request asylum and passed a credible fear interview.

Whatever your situation may be, you will need skilled legal assistance to work toward a resolution of your immigration matter. The Texas immigration attorneys of Peek & Toland know how to help you navigate through the maze of immigration forms, regulations, and policies, and get the relief that you need. Take the first step today and secure the future of your family in the U.S. Contact our office today at and set up an evaluation with one of our highly skilled Texas immigration lawyers.

Posted in Immigration

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What Happens if I Fail to Appear in Court?

By Peek & Toland on January 8, 2019

In many situations, you must pay a bond to be released from jail prior to your next court date. One of the conditions of your bond is that you will appear as ordered at all future court dates. Even if you are released on your own recognizance, or without paying a bond, you still are ordered to appear in court at a later date. In other situations, particularly for minor offenses, law enforcement officers may not even arrest you, but they may still give you a citation or ticket containing a court date at which you must appear.

 

What Happens if I Fail to Appear in Court?

If you fail to appear in court as ordered, the judge is likely to issue a warrant for your arrest. Furthermore, if you did post bond, you likely will forfeit the amount of the bond to the court, which means that you will not get the amount you paid back as you normally might when a criminal case is resolved. You may face other possible penalties if you fail to appear in court, as well. For instance, the judge could hold you in contempt of court for failing to follow a court order.

There some cases in which you might have a legitimate excuse for failing to appear in court. For instance, a serious illness or emergency surgery might prevent you from appearing in court as scheduled. Death of a family member also might be a valid excuse in some cases. Occasionally, you might fail to get proper notice of the court date, which might excuse your failure to appear. However, when these unexpected events occur, it is best to immediately notify your lawyer or the court of the situation and get documentation of the reason for your failure to appear in court if possible, such as a note from the hospital or your surgeon.

The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our criminal defense attorneys today.

Posted in Criminal Defense

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What is Bond Forfeiture?

By Peek & Toland on January 7, 2019

When you are arrested, the court often will set a bond or bail amount, along with other conditions of your release. In order to get released from jail, you will have to pay the full amount of the bond, or if you cannot afford to do, you may have to enlist the assistance of a bail bondsman.

Whatever the case may be, you (or the bail bondsman) can have the bond forfeited by the court if you fail to meet the pre-trial bond conditions set by the court. These conditions often include requirements that you show up for future court dates as required, abiding by a curfew, refraining from using drugs or alcohol, and not traveling outside the state or country unless specifically permitted to do so.

 

What is Bond Forfeiture?

In many cases, bond forfeiture arises when individuals fail to show up to court dates as scheduled. In this situation, not only is the judge likely to issue a warrant for your arrest, but you also are likely to forfeit any bond paid. The bond automatically becomes the property of the jurisdiction in which you are facing charges.

Plus, when you use a bail bondsman to get a surety bond posted by the court, you paid a non-refundable fee that typically is a flat percentage of the bond amount. However, if the bond is forfeited, the bail bondsman is required to pay the full amount of your bond to the court. You thus will become liable to the bail bondsman for the entire amount of the bond. This means that if you put up property or vehicles as collateral for the surety bond, then the bondsman may choose to liquidate those assets and collect their proceeds in order to get reimbursed for the bond amount that you now owe in its entirety.

If you or a family member is facing any type of criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 474-4445 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.

Posted in Criminal Defense

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How an Austin Jail Release Attorney Can Help You

By Peek & Toland on October 13, 2017

There are few things more stressful than ending up in jail. You may have been charged with a DWI, an assault, or another serious crime. In these circumstances, it makes sense to contact an Austin jail release attorney as soon as possible.

Being arrested can be bewildering, particularly if it’s your first time.

If you were arrested in Travis County by the Austin police department you will be transferred to a central booking office.

How an Austin jail release attorney can help you

The Arrest Process

The police officer who arrested you will submit a probable cause affidavit (PC) which states the reasons why the officer believes a crime has been committed.

The affidavit must be turned in within 24 hours or a misdemeanor arrest or 48 hours of a felony arrest.

The magistrate or a judge reviews the probable cause affidavit checking the facts and the defendant’s criminal history. The seriousness of the allegations against the defendant and the length of his or her prior arrest history are the most important factors in determining the bail amount. He or she will determine if there was probable cause for a police officer to make the arrest. A bail amount will be set.

The defendant will meet the judge or magistrate, usually within 24 hours of a bond being set.

An Austin Jail release attorney can help you during this process. The lawyer can obtain a copy of the probable cause affidavit and usually review it before meeting you.

A lawyer can approach a magistrate or judge on your behalf and waive the magistrate process, which often leads to delays in how long a defendant is held in a cell.

When people who don’t speak English as a first language are jailed, the process can be even more difficult. At Peek & Toland our jail release attorneys speak a number of languages.

If you are arrested at certain times, you may face delays. Judge are available in Travis County from 7 a.m, until 1 a.m. If you have been arrested for a DWI in the early hour, you won’t have a bail amount set for hours.

In some cases, an Austin jail release attorney can get you out earlier. If a friend or a family member was arrested in the early hours and there is no judge available to set bail, you may be able to obtain a “Hobby” release.

The process is named after former Lieutenant Governor William Hobby. Our criminal defense lawyers can advise you on this procedure.

Contact An Austin Jail Release Attorney

We also advise and help defendants to obtain bonds, whether cash bonds, personal bonds or lawyer assisted bonds.

Call our experienced Austin, Texas jail release attorneys today for help at (512) 474-4445.

30 – Immigration Courts Authorize Deportation of 12 Percent of Immigrants With Bureau of Prisons

Posted in Criminal Defense, DWI

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Supreme Court to Review No Bail Policy for Immigrants Awaiting Deportation

By Peek & Toland on August 16, 2016

The Supreme Court is to decide whether immigrants who have been held in detention for at least six months awaiting deportation proceedings should be granted bail hearings.

The case of Jennings v Rodriguez will be held during the next term of the Supreme Court, which gets underway in October.

No bail policy for immigrants awaiting deportation to be reviewed by the Supreme Court

The justices will consider a federal appeals court decision that held immigrants in custody were entitled to a bond hearing after six months as well as every six months afterward.

The case of Jennings v. Rodriguez is also likely to consider when immigrants accused of having ties to terrorism should be released if the authorities are facing difficulties deporting them.

In 2001, the Supreme Court ruled that immigrants who are facing deportation from the country should usually be held no more than six months in custody. However, the justices alluded to special circumstances, such as when immigrants pose a perceived threat to national security when some immigrants could be incarcerated for longer terms.

As experienced Texas bond lawyers, Peek & Toland , have years of background in jail release issues which we combine with our immigration practice. It’s important to know your rights about how long you can be held in detention if you are facing deportation.

Civil Liberties Union Accuses Justice Department over Bail Information

The American Civil Liberties Union has accused the Justice Department of understating the time immigrants are held to bolster its case before a previous case more than a decade ago.

The Supreme Court case of Demore v. Kim in 2003, upheld by 5-4 the controversial government practice of holding immigrants without bail, even U.S. residents who hold green cards who face deportation if they commit a crime.

The majority opinion relied on figures that showed the average detention was 47 days, while about 15 percent of immigrants who appealed their deportation orders had been detained for more than four months.

The ACLU disputed the figures that were provided by the Executive Office for Immigration Review. It argued the real number was 65 days after filing a Freedom of Information Act request.

The forthcoming case is important because a system that can hold immigrants for months on end without a bond hearing is a demoralizing one for immigrant families. Clear rules are needed to prevent abuse.

Please contact us today to find out more about our legal services and how we can help immigrants who are facing deportation to fight for bail hearings as well as cancellation of removal.

 

Posted in Immigration, Jail Release, Uncategorized

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