In State v. Juan Molchor, a New Jersey Appellate panel ruled that it was inappropriate for State Court’s to detain individuals based on the fact that ICE may deport them, thereby forcing the person’s absence from court. The court distinguished between deportations that cause involuntary absence and voluntary conduct such as willful non-appearance. Inasmuch as the trial court detained defendants out of concern that their possible removal from the country would prevent their appearance at trial, the detention orders were reversed and the matters remanded for reconsideration.

If a family member or friend is facing serious criminal charges and also collateral immigration consequences please do not hesitate to contact our office in Jersey City or Secaucus for a free, confidential consultation.

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