Simple Battery and ICE Hold

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11-01-2010, 11:01 AM
Kimberly Kitz

Simple Battery and ICE Hold

My question involves criminal law for the state of: California

My Ex-boyfriend was arrested and charged with simple battery which is a misdemeanor, over the weekend. He is not a legal citizen which means he is an illegal alien. He is being held with an ICE hold.

My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.

Also I have had many people tell me that the state of california doesnt typically do that. Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.
11-01-2010, 12:49 PM
aardvarc

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.

It's not up to you. Crimes are considered committed against ALL members of society, and the DA brings charges on behalf of everyone. You can certainly ASK the DA not to pursue the case, but if they feel they have a crime committed, and evidence enough to convict or force a plea deal, they typically go with it. If ICE already has a hold on him, that's a good indication of their plans. They can deport for ANY crime.

Quote:

Also I have had many people tell me that the state of california doesnt typically do that.

It's not the state. It's the feds. ICE is a federal agency.

Quote:

Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.

It's not your stupidity. It's his own.
11-01-2010, 03:30 PM
cdwjava

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

My question involves criminal law for the state of: California

My Ex-boyfriend was arrested and charged with simple battery which is a misdemeanor, over the weekend. He is not a legal citizen which means he is an illegal alien. He is being held with an ICE hold.

My question is how if I am the victim is there a way to get the charges dropped. and also in the state of california do they typically deport on misdemeanors.

Also I have had many people tell me that the state of california doesnt typically do that. Please if anyone knows just let me know so I can stop freaking out. he is the father of my son. and I really cannot afford for him to be deported because of my stupidity.

You can ask the DA not to prosecute, but if YOU are the victim then it is NOT a "simple" battery, it is a domestic violence battery which is more serious.

As for the ICE hold, regardless of whether you ask the DA to drop the charges, they will still have the hold. The only thing in his favor is that ICE frequently seems to fail to pick up these folks and then they are in the wind. But, in this case, they will probably know where to come and get him if they want him - with you.
11-01-2010, 04:02 PM
KeyWestDan

Re: Simple Battery and Ice Hold

The DA is not likely to drop the charges in this case. What you want to do is in effect being done for an illegal or at least an unethical purpose. There is nothing you can do to affect the ICE hold. They could care less. All you can do is wait and see what happens.
11-01-2010, 07:49 PM
Kimberly Kitz

Re: Simple Battery and Ice Hold

Quote:

Quoting cdwjava

You can ask the DA not to prosecute, but if YOU are the victim then it is NOT a "simple" battery, it is a domestic violence battery which is more serious.

As for the ICE hold, regardless of whether you ask the DA to drop the charges, they will still have the hold. The only thing in his favor is that ICE frequently seems to fail to pick up these folks and then they are in the wind. But, in this case, they will probably know where to come and get him if they want him - with you.

What do you mean its a domestic violence battery? what happens if he is convicted of this type of battery?
Also what do you mean they would come to me if they want him. He does not live with me so that is a little bit confusing.
11-01-2010, 07:57 PM
cdwjava

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

What do you mean its a domestic violence battery? what happens if he is convicted of this type of battery?

You have a child together - that makes it domestic violence.

The DV battery per PC 243(e) is punishable by up to one year in county jail and a $2,000 fine. A simple misdemeanor per PC 242 is punishable by up to 6 months in jail and a $1,000 fine.

Quote:

Also what do you mean they would come to me if they want him. He does not live with me so that is a little bit confusing.

He may not live with you, but chances are you know where he is staying. Even if you claim you don't, they will look at you if they come looking for him. If you are so concerned as to want to drop charges to keep him in you life, it is very reasonable to expect that you would have some idea about his whereabouts.
11-01-2010, 08:17 PM
cyjeff

Re: Simple Battery and Ice Hold

You also have another aspect to think about.

If you continue to keep and protect a violent person, child protective services may become involved.
11-01-2010, 08:17 PM
Dogmatique

Re: Simple Battery and Ice Hold

Just want to point something out.

"He is not a legal citizen which means he is an illegal alien " is NOT correct.

I am NOT a legal citizen in this country. But I AM a legal permanent resident. Not being a citizen does not equate to being illegal.
11-01-2010, 09:28 PM
Kimberly Kitz

Re: Simple Battery and Ice Hold

Quote:

Quoting Dogmatique

Just want to point something out.

"He is not a legal citizen which means he is an illegal alien " is NOT correct.

I am NOT a legal citizen in this country. But I AM a legal permanent resident. Not being a citizen does not equate to being illegal.

He is a illegal alien because He isn't a legal permanent resident.

Quote:

Quoting cdwjava

You have a child together - that makes it domestic violence.

The DV battery per PC 243(e) is punishable by up to one year in county jail and a $2,000 fine. A simple misdemeanor per PC 242 is punishable by up to 6 months in jail and a $1,000 fine.

He may not live with you, but chances are you know where he is staying. Even if you claim you don't, they will look at you if they come looking for him. If you are so concerned as to want to drop charges to keep him in you life, it is very reasonable to expect that you would have some idea about his whereabouts.

He isn't charged with a felony its a simple misdemeanor because that is what the police report is saying he is charged with.
I am really concerned about him being held on the ICE hold. He is the father of my son and I couldnt stand it if he gets deported.
11-01-2010, 10:15 PM
cdwjava

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

He isn't charged with a felony its a simple misdemeanor because that is what the police report is saying he is charged with.

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

Quote:

I am really concerned about him being held on the ICE hold. He is the father of my son and I couldnt stand it if he gets deported.

That is a very real possibility so you might want to prepare to adapt.
11-01-2010, 11:13 PM
Kimberly Kitz

Re: Simple Battery and Ice Hold

Quote:

Quoting cdwjava

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.

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.
11-01-2010, 11:21 PM
cdwjava

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

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.

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.
11-02-2010, 07:41 PM
Kimberly Kitz

Re: Simple Battery and Ice Hold

Quote:

Quoting cdwjava

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.

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.
11-02-2010, 10:27 PM
cdwjava

Re: Simple Battery and Ice Hold

Quote:

Quoting Kimberly Kitz

so how long does this process usually take!!

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.

Quote:

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.

He would have to ask an immigration attorney.
11-16-2010, 09:55 PM
Kimberly Kitz

Re: Simple Battery and Ice Hold

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.