If state police take you into custody, you will be held in detention until the criminal court decides your case. From an immigration standpoint, it is important that you do not seek release on bond from criminal detention because there is a good chance that ICE will have a detainer in place that will not allow you to go free from detention even if you have paid the bond. It is crucial that you understand the immigration consequences of any criminal charges, whether or not you are found guilty.
Typically, in North Carolina, foreign nationals who are arrested on state charges are placed in county jail until their charges are heard before a state criminal court. Once the state is finished determining his or her case, whether that is by bond, dismissal, or conviction, ICE will take him or her into custody. Often, the detainee will be taken to Hendersonville, NC for a brief period of time, roughly ten days or less. Next, the detainee is often transferred to Gainesville, Georgia, where he or she is held for a brief period. The detainee may go to the Atlanta Immigration Court while he or she is detained in Gainesville. Or, the detainee may be transferred to Lumpkin, Georgia to Stewart Detention Center, where he or she will then go to the immigration court.
It is possible to ask an immigration judge to release your loved one from detention by issuing a bond. Please contact us if you have a loved one in detention and we can provide him or her with a legal evaluation of his or her case so that he or she can make the most informed decision possible about how to go forward.