If you or a loved one has been detained in an Arizona detention center, contact a local attorney as soon as possible to discuss your options. Getting released from a detention center is not always an option, but for some, it is a very real possibility.
Conditions of Release
There is also the possibility that the alien may be released subject to one or more conditions. Typical conditions of release include:
- Alien must remain in the custody of a designated person. This person must agree to the supervision of the alien;
- Alien must maintain employment. If the alien is not employed, he must actively seek employment;
- Alien must maintain or begin an education program;
- Alien must follow specific restrictions regarding personal associations, residence, or travel;
- Alien must avoid any and all contact with an alleged victim of the crime and with any potential witness(es) who may provide testimony related to the offense;
- Alien must consistently report to designated law enforcement, pretrial services, or any other designated agency;
- Alien must follow an implemented curfew;
- Alien must refrain from possessing a firearm or other dangerous weapon;
- Alien must refrain from the excessive use of alcohol and/or narcotics;
- Alien may be required to undergo medical, psychological, or other treatment program;
- Alien must execute an agreement agreeing to forfeit release if he fails to appear for his court date;
- Alien must execute a bail bond with solvent sureties;
- Alien may be required to return to custody after periods of authorized employment, schooling, or other limited purposes; and
- Alien must satisfy any other conditions related to the safety of others involved.
At this point, a detention hearing will sometimes be held for the immigration judge to determine if there are any further conditions that should be put in place in order to ensure safety of the community as well as gain any further assurance needed regarding the alien's future appearance in court.
The immigration judge makes her determination based on a variety of possible factors:
- The weight of the evidence against the alien;
- The nature and condition of the violation at issue; and
- The history and characteristics of the person.
When looking at the background of the person involved, the immigration judge will consider a multitude of attributes. These include the person's employment, mental health, community ties, family relationships, and any previous alcohol or drug abuse.
It is likely that the officer will also look into the circumstances surrounding the offense. For example, whether the alien was on probation or other type of release at the time.
Can an Attorney Help?
If you or a loved one are dealing with issues related to detention, contact an immigration professional right here in Tucson who will help you with you legal matters. Immigration law is quite detailed and a trained eye will be an invaluable benefit to you during this time.
To schedule an initial consultation with our Tucson, Arizona, lawyer, call (520) 882-8852 toll free at (877) 882-8852 or email the Tucson, Arizona, Law Offices of Matthew H. Green.