User Panel
Posted: 3/25/2017 1:32:04 PM EDT
Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned. A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect. The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest. “I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post. “And now they’re asking for bail because even going to Rikers is better than being deported.” Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said Link |
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[#2]
Mercado, of The Bronx’s Belmont neighborhood, had been arrested three times for what he himself termed “fishing” envelopes out of nearby mailboxes using rodent glue traps and string, according to a criminal complaint. View Quote |
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[#3]
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[#4]
I thought tampering with the mail was a federal crime, I guess not anymore?
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[#6]
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[#7]
Just another way to pass the expenses on to the local government and in turn tax payer. Get enough of them in jail and see what it does to the jail budget.
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[#10]
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I thought tampering with the mail was a federal crime, I guess not anymore? View Quote View All Quotes View All Quotes Quoted:
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Mercado, of The Bronx’s Belmont neighborhood, had been arrested three times for what he himself termed “fishing” envelopes out of nearby mailboxes using rodent glue traps and string, according to a criminal complaint. |
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[#12]
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Just another way to pass the expenses on to the local government and in turn tax payer. Get enough of them in jail and see what it does to the jail budget. View Quote |
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[#13]
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[#14]
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[#15]
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Federal law enforcement can't take someone out of jail? View Quote |
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[#16]
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[#17]
Nothing stops the feds from writting the BGs over to federal court for deportation proceedings and returning them to state custody when they're done - and removal orders & arrest warrants are in hand.
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[#18]
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Nothing stops the feds from writting the BGs over to federal court for deportation proceedings and returning them to state custody when they're done - and removal orders & arrest warrants are in hand. View Quote |
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[#19]
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I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system? View Quote |
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[#22]
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Excellent point. Anywhere but NYC you'd blow your budget for the year in the first quarter or two. NYC may but care and may resort to just letting more non illegals go free without bail. View Quote If the number of illegals increases that are doing this, is there a remedy that could come from the funding source to stop such abuses of one system usurping another? |
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[#23]
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[#24]
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[#25]
You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody.
Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know. |
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[#26]
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Two terms/actions associated with an inmates file: "ICE Hold" and "USMS Hold". View Quote View All Quotes View All Quotes Quoted:
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I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system? |
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[#27]
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[#28]
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[#29]
Maybe the guy was stealing from the UPS or FedEx boxes, maybe those don't violate any Fed statutes
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[#30]
Big surprise. It's NYC. If the alien was wanted for failing to appear in immigration court, it's likely that the Immigration Judge issued an Order of Deportation in absentia. That means no more court hearings or delays. The alien will be deported as soon as they get hands on him, unless he's from a country other than Mexico. Then they would have to get a travel document from his country of citizenship in order to execute the order.
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[#31]
Attorney General Sessions needs to start applying and enforcing the law.
https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a 1907. Title 8, U.S.C. 1324(a) Offenses: Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. |
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[#32]
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You'd think a federal immigration judge could order the inmate be remanded (?) into federal custody. Of course you'd think that the locals would be glad to have a dirt bag thief out of their jurisdiction and gone for good for free but WTF do I know. View Quote |
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[#33]
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Attorney General Sessions needs to start applying and enforcing the law. https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a 1907. Title 8, U.S.C. 1324(a) Offenses: Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. View Quote |
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[#34]
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With the NY tax payers paying the bill to incarcerate them when they are going to end up getting deported. View Quote View All Quotes View All Quotes Quoted:
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Whatever. Just prolonging the inevitable. MAGA! My point is simply that they broke the law to get put in jail in the first place. Let them serve their sentence and THEN get rid of them. |
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[#35]
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Attorney General Sessions needs to start applying and enforcing the law. https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a 1907. Title 8, U.S.C. 1324(a) Offenses: Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. View Quote |
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[#36]
Quoted:
https://thenypost.files.wordpress.com/2017/03/12304jailbars1.jpg?quality=90&strip=all&w=642 Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned. A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect. The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest. “I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post. “And now they’re asking for bail because even going to Rikers is better than being deported.” Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said Link View Quote arrest them all for conspiracy to avoid federal laws... |
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[#37]
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Would holding an illegal in a local jail be in violation of any of the above subsection statutes? View Quote View All Quotes View All Quotes Quoted:
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Attorney General Sessions needs to start applying and enforcing the law. https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a 1907. Title 8, U.S.C. 1324(a) Offenses: Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. |
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[#39]
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arrest them all for conspiracy to avoid federal laws... View Quote View All Quotes View All Quotes Quoted:
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https://thenypost.files.wordpress.com/2017/03/12304jailbars1.jpg?quality=90&strip=all&w=642 Federal agents trying to deport illegal-immigrant criminals are hitting a new roadblock in New York City — crafty defense lawyers who will put their clients in jail to keep them in the country, The Post has learned. A Legal Aid lawyer took the extreme measure in The Bronx Thursday, when she claimed an Immigration and Customs Enforcement agent was waiting for her client and begged a judge to lock up the suspect. The rookie judge — a Mayor de Blasio appointee — complied, setting $3,000 bail even though the defendant had been free for the six months since his arrest. “I can’t believe this — every day Legal Aid is asking for no bail” for their clients, one insider told The Post. “And now they’re asking for bail because even going to Rikers is better than being deported.” Lawyers are also advising clients not to post even the lowest of bails so that they’ll go to Rikers Island rather than into the waiting arms of ICE agents, sources said Link arrest them all for conspiracy to avoid federal laws... 18 USC 111 (a) In General.—Whoever— (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or (2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both. |
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[#41]
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No. The alien was legally put in jail on their criminal charges. Deportation charges are not criminal, they are administrative. View Quote View All Quotes View All Quotes Quoted:
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Attorney General Sessions needs to start applying and enforcing the law. https://www.justice.gov/usam/criminal-resource-manual-1907-title-8-usc-1324a 1907. Title 8, U.S.C. 1324(a) Offenses: Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. |
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[#42]
Once they get in Rikers they may change their tone a lot. Wasn't there a story recently about people taking pleas just to get out of Timers because it was so dangerous.
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[#43]
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[#44]
Judges are the ones that sign those.
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[#45]
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Once they get in Rikers they may change their tone a lot. Wasn't there a story recently about people taking pleas just to get out of Timers because it was so dangerous. View Quote |
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[#46]
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[#47]
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I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system? View Quote View All Quotes View All Quotes Quoted:
I am not sure but I don't think any Fed LEO has arrest powers over US citizens , when the Feds pick up wiseguys for egs. it's always with the local police, I could be wrong. In this case the Feds can detain you if you are illegal, but can they spring a guy? They would need cooperation with the legal system. I have no idea how it works when an illegal is in a local system? NYS recognizes that authority & gives all these feds the ability to enforce state law too. (They can't just march into Rikers & demand prisoners be turned over though.) http://ypdcrime.com/cpl/article2.htm S 2.15 Federal law enforcement officers; powers.
The following federal law enforcement officers shall have the powers set forth in paragraphs (a) (with the exception of the powers provided by paragraph (b) of subdivision one and paragraph (b) of subdivision three of section 140.25 of this chapter), (b), (c) and (h) of subdivision one of section 2.20 of this article: 1. Federal Bureau of Investigation special agents. 2. United States Secret Service special agents. 3. Immigration and Customs Enforcement special agents, deportation officers, and detention and deportation officers. 4. United States Marshals and Marshals Service deputies. 5. Drug Enforcement Administration special agents. 6. Federal Protective Officers, including law enforcement security officers, criminal investigators and police officers of the Federal Protective Service. 7. United States Customs and Border Protection Officers and United States Customs and Border Protection Border Patrol agents. 8. United States Postal Service police officers and inspectors. 9. United States park police; provided, however that, notwithstanding any provision of this section to the contrary, such park police shall also have the powers set forth in paragraph (b) of subdivision one of section 140.25 of this chapter and the powers set forth in paragraphs (d), (e) and (g) of subdivision one of section 2.20 of this article. 10. United States probation officers. 11. United States General Services Administration special agents. 12. United States Department of Agriculture special agents. 13. Bureau of Alcohol, Tobacco and Firearms special agents. 14. Internal Revenue Service special agents and inspectors. 15. Officers of the United States bureau of prisons. 16. United States Fish and Wildlife special agents. 17. United States Naval Investigative Service special agents. 18. United States Department of State special agents. 19. Special agents of the defense criminal investigative service of the United States department of defense. 20. United States Department of Commerce, Office of Export Enforcement, special agents. 21. United States Department of Veterans Administration police officers employed at the Veterans Administration Medical Center in Batavia. 22. Federal Reserve law enforcement officers. 23. Federal air marshal program special agents. * 24. United States department of transportation federal police officers and police supervisors assigned to the United States Merchant Marine Academy in Kings Point, New York; provided, however that, notwithstanding any provision of this section to the contrary, such police shall also have the powers set forth in paragraph (b) of subdivision one of section 140.25 of this chapter and the powers set forth in paragraphs (d), (e) and (g) of subdivision one of section 2.20 of this article when acting pursuant to their special duties within the geographical area of their employment or within one hundred yards of such geographical area. * NB There are 2 sb 24's * 24. United States Coast Guard Investigative Service special agents. * NB There are 2 sb 24's 25. United States Department of Commerce, special agents and enforcement officers of the National Oceanic and Atmospheric Administration's Fisheries Office for Law Enforcement. 26. Department of the Army special agents, detectives and police officers. 27. United States Department of Interior, park rangers with law enforcement authority. 28. United States Environmental Protection Agency special agents with law enforcement authority. 29. United States mint police. S 2.20 Powers of peace officers.
1. The persons designated in section 2.10 of this article shall have the following powers: (a) The power to make warrantless arrests pursuant to section 140.25 of this chapter. (b) The power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to section 35.30 of the penal law. (c) The power to carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their special duties. (d) The power to issue appearance tickets pursuant to subdivision three of section 150.20 of this chapter, when acting pursuant to their special duties. New York city special patrolmen shall have the power to issue an appearance ticket only when it is pursuant to rules and regulations of the police commissioner of the city of New York. (e) The power to issue uniform appearance tickets pursuant to article twenty-seven of the parks, recreation and historic preservation law and to issue simplified traffic informations pursuant to section 100.25 of this chapter and section two hundred seven of the vehicle and traffic law whenever acting pursuant to their special duties. (f) The power to issue a uniform navigation summons and/or complaint pursuant to section nineteen of the navigation law whenever acting pursuant to their special duties. (g) The power to issue uniform appearance tickets pursuant to article seventy-one of the environmental conservation law, whenever acting pursuant to their special duties. (h) The power to possess and take custody of firearms not owned by the peace officer, for the purpose of disposing, guarding, or any other lawful purpose, consistent with his duties as a peace officer. (i) Any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter whenever acting pursuant to his special duties, provided such power is not inconsistent with the provisions of the penal law or this chapter. (j) Uniformed court officers shall have the power to issue traffic summonses and complaints for parking, standing, or stopping violations pursuant to the vehicle and traffic law whenever acting pursuant to their special duties. 2. For the purposes of this section a peace officer acts pursuant to his special duties when he performs the duties of his office, pursuant to the specialized nature of his particular employment, whereby he is required or authorized to enforce any general, special or local law or charter, rule, regulation, judgment or order. 3. A peace officer, whether or not acting pursuant to his special duties, who lawfully exercises any of the powers conferred upon him pursuant to this section, shall be deemed to be acting within the scope of his public employment for purposes of defense and indemnification rights and benefits that he may be otherwise entitled to under the provisions of section fifty-k of the general municipal law, section seventeen or eighteen of the public officers law, or any other applicable section of law. |
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[#48]
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That's not going to happen. Remember the Washington state/local judge who went beyond what the judge in this case did and allowed the illegal alien to elude ICE by walking out of the building through the judge's chambers? The US Attorney over that district was not going to start a precedent and file charges against that judge. The judge in NYC used her legal authority to set a bond. Not likely anyone, even good old, Preet (if he hadn't been fired), would go after this judge. The case for 8 USC 1324 is weak as the judge wasn't trying to shield from detection or conceal the illegal alien. The legal action of setting a bond on a person under the court's jurisdiction in order to harbor the alien would be an extremely difficult charge to try and file (my experience with US Attorney's is they want cases that are slam dunk or very close to it). And, no where in the article was there any indication that the court judge encouraged or induced the alien "to come to, enter, or reside in the United States." The alien had already "come to, entered, and resided in the US long before he came into that judge's court room. View Quote |
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[#49]
Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal.
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[#50]
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Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal. View Quote View All Quotes View All Quotes Quoted:
Lol at all these idiots who think you are going to disbar a judge for setting bail for a criminal. The attorney will have to answer each complaint in writing. It wouldn't look good if 500 complaints were filed against the same guy (although in NY the court system is so corrupt that they would probably consider this normal behavior)... https://www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml
How to File a Complaint Against a Lawyer Making a complaint is a very serious matter and before taking that step it is often wise for a person to communicate with the attorney, preferably in writing, in an attempt to mutually work out a solution to existing problems. However, if a person believes that an attorney has acted unethically, he or she may file a complaint against the lawyer simply by submitting a signed, written statement setting forth a clear, concise statement of the facts and circumstances of the alleged misconduct. No special legal knowledge is needed to file one. The complainant should provide copies of any documentary evidence that supports the claim and include the names and addresses of any witnesses who can support the allegations of the complaint. Complaints against attorneys cannot be made anonymously. They must be in writing and be signed by the complainant. They may be made on a complaint form (PDF) available on this site or may be made in the form of a letter to the appropriate grievance committee. The complainant must provide an address and telephone number at which he or she can be reached. How Are Complaints Processed? Upon receipt of a complaint, it is examined by a staff attorney at the grievance committee to evaluate whether or not it is a matter that the committee can or should investigate. Some complaints may be transferred to the grievance, mediation, or fee dispute committee of a local bar association. The staff attorney will notify the complainant in writing if this occurs and provide the contact information of the committee to which the complaint has been transferred. The staff attorney may conclude that a complaint describes conduct that, even if true, does not violate a provision of the Rules of Professional Conduct (22 NYCRR part 1200), and therefore does not involve professional misconduct. On occasion, an otherwise valid complaint may not be suitable for investigation due to other contributing factors. In such cases, the staff attorney will notify the complainant in writing and explain the reasons why the committee is unable to be of assistance. If it is determined that a complaint is suitable for investigation, the grievance committee will request the attorney to answer it. The attorney has a professional obligation to comply with that request and the failure to submit an answer may, in and of itself, constitute professional misconduct. After the attorney’s answer is received, the grievance committee may further investigate the complaint by looking at any documents or court records that may help, speaking to witnesses, and speaking further, if necessary, to the complainant and to the attorney. When the investigation is completed, the results will be reported to the full grievance committee at one of its monthly meetings where it will be reviewed and discussed. Then any one of several things may happen: • The complaint may be dismissed. This does not mean the committee did not believe the complainant, but instead, it may mean that there was insufficient evidence of misconduct or that the provable conduct did not violate a provision of the Rules of Professional Conduct (22 NYCRR part 1200). • The committee may take appropriate action by sending a confidential letter to the lawyer. A Letter of Advisement is sent when the committee is of the opinion that the attorney acted in a manner which, while not constituting clear professional misconduct, involved behavior requiring comment. An Admonition is issued in those cases in which the committee finds that the lawyer committed clear professional misconduct that was not sufficiently serious to warrant the commencement of a formal disciplinary proceeding. • In cases involving serious misconduct, the committee may seek authorization from the Appellate Division of the Supreme Court to commence a disciplinary proceeding. The complainant may be requested to give sworn testimony at a hearing held as part of such a proceeding. If misconduct is proven in the course of a formal disciplinary proceeding, the court may take disciplinary action against the attorney in the form of an order of public censure, suspension from practice, or disbarment. |
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