Former Municipial Court Judge

Former Assistant District Attny.

Denton County Office 940-580-2899
Collin County Office 972-954-1947

Criminal Arrests in Denton County Texas and the Foreign National

We receive a lot of contacts from foreign nationals that have concerns after being arrested in Texas. The questions usually concern an immigration hold. When and how does an immigration hold occur? Federal rules dictate ( 8 C.F.R. § 287.6):

(d) Temporary detention at Department request. Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.

This situation occurs when an agency other than the INS places a foreign national in jail. Once the foreign national is able to be released from jail, the agency may on hold foreign national up to 48 hours for the INS to pick them up. Once the time has elapsed, the agency must release the person.

If a person receives an INS hold it does not automatically mean that they will be deported or even held by the INS. ICE will place a Bond amount for the INS detainer. If the amount is too much, your attorney may request a hearing to have the bond amount reduced.

There are times that the person has information that will allow for a release from the INS detainer and resolve the immigration problem. DO NOT agree to a voluntary departure without consulting with an attorney.

If you have any questions about the criminal implications of your immigration case, do not hesitate to contact the Law Offices of Tim Powers for aggressive criminal defense in Denton County, Texas at 940.580.2899.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney."