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post #1 of 7 (permalink) Old 09-02-2010, 08:17 AM Thread Starter
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Interesting immigration legal issue

So my current GF calls me the other night with this. Her 19 y/o daughter is dating a guy from Mexico here on a legit work visa. The kid gets busted for DWI and taken to jail and they set his bail at 7k (700 cash) So my girls daughter takes the cash down to bail him out.

After about an hour the deputy come back and says they are not going to release him because they are revoking his visa and shipping him back to Mexico. That's all well and good, here's the part that gets me. They also inform her daughter that she is just out the 700?? WTF kind of scam is this? Is this even legal? Shouldn't he be released pending an immigration hearing anyway? The standard bail for 1st DWI here is 250, and the kid has no record....700???

If there is some loophole that allows the court to keep this bail money, I think it's totally fucked that they would use it to rip off a young girl like this. I've been bailed out, and bailed people out and I just don't see how this can happen? I've seen it where additional charges have been filed and the bail goes up, or been told the person has to see a judge in the morning. This is just way out there, I guess the local gov't is getting pretty hard up for cash.

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post #2 of 7 (permalink) Old 09-02-2010, 09:15 AM
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i don't think they can keep bail money can they? i'm not sure how that works. never been to jail. I can ask my sister though, she's an immigration attorney.

If you don't get an answer let me know.
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post #3 of 7 (permalink) Old 09-02-2010, 09:18 AM
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Really fucked up!..From my knowledge...and experience...bail money is returned to you if you show up to court..or at least credited towards your charge.. Try having her talk to an attorney..Idk about you and her but $700 is a lot of money to me.

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post #4 of 7 (permalink) Old 09-02-2010, 10:55 AM
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Sounds like local government trying to catch someone unaware of the rules.

PowderHound and TreeNinja
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post #5 of 7 (permalink) Old 09-02-2010, 10:56 AM
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Send a PM to sedition and see if he has any tips for you. Sounds wrong to me. If they deport him, than the purpose of bail is over and it should be returned. Of course, that is how I see it and not necessarily how the law interprets it.

Last edited by killclimbz; 09-02-2010 at 11:22 AM.
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post #6 of 7 (permalink) Old 09-02-2010, 11:07 AM
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Don't listen to the cops. More importantly, don't say ANYTHING to them outside of your name and 'I'm exercising my right to remain quiet and I want an attorney.'

They all lie like it's their job. They talk out their ass so much you need a gas mask to talk to them. All just so they can fuck with you, control you, and/or watch you squirm. They do NOT 'just want to help you.' and they do NOT 'understand you're a good person who just wants to do the right thing.'

Go find out on your own. Call the bar, talk to a lawyer.

"Never attribute to malice that which can be adequately explained by stupidity."

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post #7 of 7 (permalink) Old 09-02-2010, 12:25 PM Thread Starter
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I can see them denying bail pending a immigration hearing or something, but to write up a bail agreement and accept the cash then pull this shit is beyond me. I'll find out more when my girl comes up this weekend, and keep this updated. Makes me wonder how many things like this slip through the cracks?? Just another in a long list of reasons I don't trust cops/gov't at all.

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