Coronavirus Pandemic (COVid-19) & Incarceration: SECURING RELEASE AND/OR BOND DURING THE CORONAVIRUS PANDEMIC

John 16:22 “So also you have sorrow now, but I will see you again, and your hearts will rejoice, and no one will take your joy from you.”

In all candor, how can anyone think of a worse place to be in than jail or prison at a time like this when the coronavirus pandemic is rampaging across our cities and towns? Are we not a humane society wherein we can recognize that we are risking many lives in jails or prisons, and that people who are detained are our brothers and sisters as well? Must we be reminded about how JESUS CHRIST told us through His own conduct and Word to embrace those who are otherwise ignored by our societies, such as the prisoner?

Guirguis Law’s Team has been diligently working day and night to identify those individuals who could potentially be at risk by virtue of being incarcerated and trying by His Grace to secure their release. It is important to note that when securing the release of an individual that many factors have to be reviewed in order not to place the individual in further peril.

Some detainees who are not United States Citizens may have an ‘immigration detainer,’ or a form put in their inmate file that signals to state authorities to hold the individual for 48 hours beyond when they would have otherwise been released due to payment of bond or resolution of the state case in order for ICE to take custody of the individual while they are still detained. Before securing release from state custody, it is important to know whether the non-U.S. citizen has an ‘immigration detainer’ in their file, and to consult with an immigration attorney to have an immigration plan in place because it may be necessary to file an immigration bond motion.

Given by His Grace, Guirguis Law (GL) has an Immigration Team who has been working alongside the State criminal defense team at GL to ensure that upon an individual’s release from State custody that the immigration hold has been lifted so as to facilitate the immediate release of our client, or if the detainer was not lifted, that there has been a current immigration plan in place which was promptly executed upon our client’s release from state custody.

If an individual is not a United States Citizen and in federal custody, then it is more complicated because a Motion for a Substantial Change in Circumstances will have to be filed to secure the individual’s release. Thereafter, if the individual is released, if the individual continues to have an immigration hold on him/her then there is an argument that the federal government in effect foregoes its federal prosecution. Thankfully, by His Grace upon the release of any one of our clients from federal custody who is also undocumented the federal government has also lifted the immigration detainer wherein our client has then been immediately released as opposed to being transferred into immigration custody. The navigation of the federal system with a defendant who also happens to be undocumented requires even further finesse than just being an experienced federal defense attorney, but it also requires the knowledge of an experienced and successful immigration team which we thank GOD we have at Guirguis Law.

If the individual is a United States Citizen and there are no immigration issues then it is much simpler to navigate. That is why we always say ‘if the attorney can work with a complicated issue, such as the one discussed above, then he/she can clearly and by His Grace successfully navigate the easier ones’. Here, the easier cases are the cases where the individual is a United States Citizen. Then the factors are more straight forward and require working with the respective family and government departments to otherwise secure the individual’s release, especially in cases where the allegations are non-violent in nature. Although the word ‘easier’ is used, this still requires a level of mastery that can only be successfully completed through CHRIST Who strengthens us. One must remember that the coronavirus pandemic is not a get out of jail free card. Each case requires a case-by-case analysis wherein the specifics of the case are uniquely reviewed by the trained professionals at Guirguis Law to ascertain when and if the case fits the appropriate criteria to fight for release. Make no mistake, this is still likely going to be a fight, but we do not ever shy away from that when we know it is the right thing to do. Through GOD and By His Grace, we at Guirguis Law have been able to secure the release of such individuals through our devoted efforts to our clients and their families.

We thank GOD that HE has worked through us to assist His children during this trying time to GOD Willingly be with their loved ones as opposed to being in a jail or prison where they could easily contract the coronavirus. If you would like us to review your case or a case of one of your loved ones, to see if he/she should be legally permitted to be released during these unique and difficult times please contact us at 919-832-0500.

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COVID-19 Response Update