Legal Question in Criminal Law in California
if someone is seving time currently but has a new separate case being investigated, will they be held until the new case is concluded or released upon their release date from the first case, again, the cases are completely unrelated? lastly, this person also has an immigration hold, will they be deemed as a flight risk?
2 Answers from Attorneys
The inmate will be discharged from prison at the end of his sentence. Depending on the severity of the new charges, though, he might be discharged to a county jail if he hasn't posted a bond. The immigration hold, though, means that even if the county doesn't want him jailed the prison will release him to the custody of the ICE (formerly known as the INS). That's what "immigration hold" means.
If the DA seeks to prosecute, he will issue an arrest warrant on the new charges that will kick in upon release. So will the immigration hold. The inmate would simply be held on the new criminal and immigration charges and could seek bail release at his criminal arraignment.and also his immigration hearing.
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