Legal Question in Criminal Law in California

Re: Sentencing

He either has to post bail if required, or stay in jail until the case is over. If the police and prosecution do their job right, the immigration hold means he should be deported when the case is over.

Re: Sentencing

If I understand your question correctly, I believe your cousin has some problems. First, the immigration hold takes precedence. So even if he is able to bail out or cite and release on the drunk bicycle riding, the immigration hold will generally prevent his release from custody. However, sometimes bail is set on immigration holds and he might be able to bail out. You need to contact an immigration attorney and a criminal law attorney to explore your options.

Good Luck

Re: Sentencing

Normally, one does not get out of custody until one bails out, gets releases on own recognizance, or the case ends and the sentence is time served.

That said, immigration hold complicates matters greatly. Your cousin will not be released unless the immigration issue is dealt with. Difficult to say what will happen without knowing more about the immigration aspect but very often one can get a bond and get released from immigration hold.

I know of a great and dedicated immigration lawyer who specializes in deportation/removal hearings and in getting people out of immigration custody. Feel free to contact me.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com