Simple Battery and ICE Hold

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Quoting cdwjava

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PC 243(e)(1) is misdemeanor domestic battery, it is not a felony.


That is a very real possibility so you might want to prepare to adapt.

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There is no possibility that he wont be deported even if he has two children up here to help support. Because I was told by a DA that they typicaly do not deport on a misdemeanor and that is also what a couple of law enforcement officers told me as well.

I am just so confused about this whole process.

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Quoting Kimberly Kitz

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There is no possibility that he wont be deported even if he has two children up here to help support. Because I was told by a DA that they typicaly do not deport on a misdemeanor and that is also what a couple of law enforcement officers told me as well.

I am just so confused about this whole process.

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The DA does not make the decision for deportation. If he were here LEGALLY, then the nature of the crime becomes a bigger issue. Since he is apparently undocumented, he is free game. The only fortunate thing going for him is that the feds miss the time frame to deport many of these holds ... especially in the north part of the state.

The PROCESS is relatively simple ... Generally, he will be arraigned (where he will make a plea and get an attorney), then there will be potential pre-trial motions and conferences before trial, then trial.

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Quoting cdwjava

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the process is relatively simple ... Generally, he will be arraigned (where he will make a plea and get an attorney), then there will be potential pre-trial motions and conferences before trial, then trial.

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so how long does this process usually take!!

{QUOTE } The DA does not make the decision for deportation. If he were here LEGALLY, then the nature of the crime becomes a bigger issue. Since he is apparently undocumented, he is free game. The only fortunate thing going for him is that the feds miss the time frame to deport many of these holds ... especially in the north part of the state.

Does it help him out any if he was brought up here when he was 12years old with his mother and father. He is now 26years old. I am wondering if this is any hope for this part to work out in his favor.

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Quoting Kimberly Kitz

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so how long does this process usually take!!

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That varies by state to state, county to county, and by the complexity of the charge. From arraignment to trial could take as little as a few months or as long as a couple of years. There is too much that can happen to predict with any certainty when it might go to trial in an unknown jurisdiction, prosecutor, and charges.

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Does it help him out any if he was brought up here when he was 12years old with his mother and father. He is now 26years old. I am wondering if this is any hope for this part to work out in his favor.

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He would have to ask an immigration attorney.

Ok now he was picked up from jail by ICE and was supposed to be volunteerl deported back to Mexico yesterday. Well my question is now how does ICE send them back to Mexico and how long should it take. Because he was sent back yesterday at like 3pm. and no one has heard from him since then. He was supposed to get sent to Tijuana and from there he was going to take a bus to Mexicali because he has family there. The INS people from Sacramento has told me that he should have been in Mexico what am I supposed to do if he doesnt show up within the next couple of days. Myself and his family are extremely worried about him. I hope he didn't disappear from the system that would be so bad.