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Criminal defense can help immigrant before he/she posts bond

People in Georgia naturally do not want to stay in jail longer than they have to. However, sometimes staying in jail is safer for an immigrant. If an immigrant who lacks the necessary paperwork ends up being arrested for a crime considered to be deportable, federal officials will take the person into Immigration and Customs Enforcement (ICE) custody after his or her release from jail and later deport him or her. The person's criminal defense team can examine the person's case and then provide advice on the best way for him or her to move forward with the case.

Before bonding out of jail after being taken into custody for a small crime, it is wise to consult an attorney first. These small crimes may include drug possession, domestic assault and theft, for example. These crimes may be considered deportable crimes under federal immigration law.

A conviction for any of these types of crimes requires mandatory ICE detention. The agency will usually put an immigration hold or detainer on the person if he or she lacks the proper documentation to be in the U.S. With an attorney's help, however, such a person can confront his or her charge in a manner that prevents him or her from having to go through ICE detention as well as removal proceedings.

The attorney will work to get a criminal charge dismissed for the immigrant lacking the right paperwork. In some cases in Georgia, the criminal defense can get the charge reduced to a lighter offense that is not deemed a deportable offense. In other cases, it may be possible to negotiate an alternative with the goal of preventing conviction altogether. It is critical to seek legal guidance prior to posting bond, as undoing the negative consequences of an early release from jail may not be possible.

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