Is there a way for me to find out if someone has an immigration hold?

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Is there a way for me to find out if someone has an immigration hold?

Someone has been arrested for domestic abuse. His bail out is $40,000. However, it’s been said that the girlfriend has hit him and thrown him out of the house twice before. I did witness scratches and bruises once on him, though at the time he said he had gotten into a fight. I don’t want to justify his wrongdoing but if she beats on him too, could or should we try to fight this as self-defense? And even if we got rid of the charges, would he get deported?

Asked on April 16, 2009 under Criminal Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Who is we? If he doesn't have an attorney, he needs one now.  Try the public defender's office or a private criminal defense attorney (www.attorneypages.com or the Georgia state bar).

In terms of deportation, he needs to talk to his lawyer to determine if the prosecutor is seeking deportation. 

In terms of self-defense, if she wasn't charging him or hitting him that night, without provocation and he didn't react to it, then it is NOT self-defense.  In fact, if you go with this line of argument and she wasn't beating him that night (no wounds inflicted on him that night), the prosecutor may consider it pre-meditated.

So, he needs to talk to his lawyer.  If you are not his lawyer, do not egg him on and do not attempt to get involved in the defense unless you can provide his lawyer with solid proof of evidence to help him with any affirmative defenses.  The attorney may not want him to take the stand if it goes to trial.  If this is his first offense, perhaps a plea bargain will take this out of court-- perhaps his lawyer could get charges dropped.


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