Yesterday, Arizona's high court moved to block implementation of an appeals court ruling that would allow illegal immigrants to be released on bail before trial. At least for the meantime, this means that that those who are in the country illegally who are arrested and awaiting trial in this state will not be able to be released on bail.
The ruling blocked a decision by the 9 th U.S. Circuit Court of Appeals, which had ruled to void implementation of the bill "Prop 100." When Proposition 100 was signed into law in 2006, it effectively removed the right to post bail from those who were in the United States illegally.
According to the Maricopa County Attorney Bill Montgomery, it is reasonable to be cautious with bail privileges for illegal immigrants, because in his opinion, they are less likely to show up for a trial.
Montgomery's victory may turn out to be short-lived though, because the American Civil Liberties Union is challenging Prop 100, saying that denying immigrants bail is unconstitutional, and it deprives defendants of basic rights.
Proposition 100 only applies in situations where the offender has allegedly committed a serious felony and if it is more than likely that the accused committed the offense. The 9 th Circuit Court disagrees, saying that the fact that some criminal offenders are in the country illegally is an entirely separate issue.
MayesTelles PLLC is proud to represent those accused of crimes no matter what their immigrant status. Our skilled, bilingual staff is here to help you or your loved one fight for justice. To learn more, contact us today for a free consultation.