ICE Custody and ICE Holds

In ICE Custody with a Pending Criminal Charge? We Can Help.

Being arrested is frightening on its own – but if you’re a non-citizen, the nightmare can double. Many immigrants in Florida find themselves caught between two systems: criminal court and immigration (ICE) detention. At Mitkevicius Law, we specialize in helping clients who have ICE holds or are in ICE custody while facing state criminal charges. Our goal is to prevent a bad situation from getting worse by expertly managing your criminal case even if you’re not physically present.

Don’t let a failure-to-appear or warrant ruin your case. If your loved one has been transferred to ICE custody and can’t attend their criminal court dates, call us immediately. Dial 850-361-2142 for a free consultation on urgent ICE-hold cases. We know time is critical – often, we can take action within 24–48 hours of being hired to protect the client’s rights.

Why ICE Holds Are Dangerous for Your Criminal Case

Imagine this scenario: You get arrested in Florida for a minor offense (say, driving without a valid license or shoplifting). You post bond hoping to go home – but instead, you’re handed over to ICE due to your immigration status. Now you’re sitting in an ICE detention center, while your criminal case back in state court is still ticking. If nothing is done, you will miss your court date, and the state judge will likely issue a failure to appear warrant for you. Suddenly, you’re labeled a fugitive in the criminal system – making it harder to get bond or leniency later – on top of your immigration detention.

This is a common predicament for non-citizens in Florida, especially after laws like the Laken Riley Act increased ICE’s involvement even in minor arrests. Key issues include:

Failure-to-Appear (FTA) Warrants:

When you’re a no-show in criminal court (even for understandable reasons like being in ICE custody), the court typically issues a bench warrant. This means if you somehow get released from ICE, you could be re-arrested by local authorities for the warrant. It also means you’ve technically violated the conditions of any bond you posted. An FTA paints you as irresponsible or a flight risk in the eyes of the court. Plus, if you ever get picked up again, you might be held without bond because of that missed court date. We’ve seen people stuck in a revolving door of custody – jail to ICE to jail – because of one missed hearing.

Concurrent Immigration and Criminal Proceedings:

You essentially have two legal battles at once. Decisions in one can affect the other. For example, if you plead guilty in your criminal case while in ICE custody, that conviction could make it harder to get released on immigration bond or win relief from deportation. Conversely, if you linger in ICE detention because your criminal case is unresolved, you might lose patience and be tempted to take a bad plea just to speed things up. It’s a catch-22 without skilled guidance.

Limited Communication and Coordination:

When you’re in ICE custody, communicating with the criminal court (or your criminal defense lawyer, if you have one) becomes challenging. ICE facilities restrict phone access, and you can’t just be transported to state court without special arrangements. Many public defenders or attorneys not versed in these situations might not know how to move a case forward in absentia. It’s easy for your case to fall through the cracks, meaning nothing happens for months – which is wasted time you sit in detention, and meanwhile evidence can go stale or witnesses disappear.

Pressure to Resolve the Case Quickly:

Prosecutors sometimes see an ICE-detained defendant as someone who won’t show up anyway, so they might be less inclined to offer a good plea deal. Alternatively, they might insist the case can’t be resolved unless you appear in person (which ICE may not readily allow). This standstill can tempt you to accept a plea bargain that is not ideal (perhaps even one that causes deportation) just to resolve the case and possibly get out of detention sooner. It’s a perilous position – we understand that desperation but strongly caution against hasty pleas without legal advice.

How Mitkevicius Law Protects You in Dual Custody Situations

We have a systematic approach for clients stuck in ICE custody who also have open criminal charges. Here’s what we do:

Immediate Court Filings:

As soon as we’re hired, our first step is to inform the state criminal court that you are in federal (ICE) custody and unable to attend. We file a Written Plea of Not Guilty and a Motion to Waive Your Appearance at all pretrial hearings. Florida law allows an attorney to appear on your behalf for many misdemeanor proceedings. By waiving your appearance, we prevent the judge from issuing a failure-to-appear warrant. In essence, the court acknowledges that you’re not there for a valid reason and that we, your attorneys, will handle proceedings until you can appear. This is crucial to keeping your criminal case on track and not letting it default.

Open Communication with Prosecutors and Judges:

We proactively reach out to the prosecutor handling your case to explain the situation. Often, we can negotiate more time or even discuss potential resolutions knowing you’re in ICE custody. In some cases, prosecutors agree to postpone court dates or even consider resolving the case in absentia (without you present) if it’s something like a minor misdemeanor. We also keep the judge informed; we might file a formal Notice of ICE Detainer/Custody with supporting documentation to show the court why you can’t be there. This transparency helps maintain goodwill and shows the court you’re not willfully ignoring their process.

Quashing Warrants (if already issued):

If you came to us a bit late and a warrant was already issued for missing court, don’t panic. We can file a Motion to Quash (cancel) the Bench Warrant by demonstrating that you missed court due to being in ICE custody (an extraordinary circumstance). We’ve been successful in getting judges to withdraw warrants once they understand the defendant was not at liberty to attend. Quashing the warrant is important so that, for example, if you manage to bond out of ICE or win release, you won’t be re-arrested by local authorities on the old warrant. It also restores your standing in the criminal case, allowing us to address the charges without the shadow of you being a fugitive.

Negotiating Resolutions Without Your Physical Presence:

One of our top priorities is to see if we can resolve the criminal case while you’re in ICE custody – in a way that helps you. This often means negotiating a plea or outcome that can be done by mail or through us. For instance, we’ve negotiated agreements where a client in ICE detention pleads “no contest” through a plea in absentia arrangement to a reduced charge that doesn’t harm immigration status (or harms it less), with a sentence of “time served” or fines that doesn’t require additional jail. In such scenarios, the client doesn’t have to be brought to court; the paperwork is handled between our office, the prosecutor, and the judge. Once the criminal case is closed favorably, it can actually help in the immigration case – because there’s no longer a pending charge and we ensured the conviction (if any) is something that might not trigger automatic deportation. However, we never advise a plea just for speed if it will wreck your immigration situation. We only pursue these absentia resolutions if they’re safe or part of a larger strategy (like sometimes a quick minor conviction can allow an immigration bond whereas an open charge wouldn’t – it’s a complex decision that we will guide you on).

Pushing for Trial or Dismissal:

If the prosecutor is inflexible (for example, they demand you be physically present to plead, or they won’t negotiate at all because you’re not there), we have a tough choice: either get you to court or set the case for trial and see what happens. Here’s where our creative lawyering comes in. We can motion the court for a “writ” to temporarily bring you from ICE custody to state custody for trial – not easy, but possible with coordination (ICE sometimes will transfer custody for serious matters). We’ll only do this if we think we can win at trial or if it’s absolutely necessary. Alternatively, we might set the case for a jury trial knowing that if the State isn’t ready or their witness (say, a store security guard) might not show, they could even dismiss the case. It’s a bit of a chess game. Notably, we often leverage the situation to your advantage: prosecutors know it’s resource-intensive to try a case when the defendant is in ICE custody (and juries might feel sympathy for an absent defendant), so they sometimes agree to dismiss or heavily reduce charges rather than go through that circus. The bottom line: we are prepared to take the case to trial without delay if that’s what it takes – your absence in ICE doesn’t scare us or halt us. We will appear in court, ready to defend you, even if an empty chair is all the jury sees.

Coordinating with Immigration Attorneys:

Your criminal attorney and immigration attorney should operate as a team in these scenarios. If you already have an immigration lawyer handling your detention or deportation case, we liaise with them regularly. We share updates on the criminal case status (since immigration judges and ICE officials care about whether the charge is resolved) and we get input on what criminal outcomes are acceptable for immigration relief. If you don’t have an immigration lawyer, we’ll help you find one or at least advise on the basics. For example, we know that certain plea deals could torpedo an immigration case – so we avoid them. We also know that sometimes resolving the criminal case can make you eligible for an immigration bond, because ICE might release you if the local charges are no longer pending or if the conviction was minor. We keep these big-picture goals in mind as we make every move. Essentially, we want to win the criminal battle in a way that helps you win (or at least fight better) the immigration battle.

Real Results & Client Stories

Our firm has successfully navigated many clients through the storm of simultaneous ICE detention and criminal charges. For example, we represented a client who was arrested for a misdemeanor battery after a misunderstanding at work. He bonded out of county jail, but ICE picked him up immediately due to an old deportation order. He missed his arraignment while in ICE custody and a warrant was issued. His family hired us, frantic that he now had a warrant. We quickly filed to quash the warrant, explaining his ICE detention, and the judge withdrew the warrant. We then filed a motion for jury trial in absentia – and pushed the case toward trial. When the prosecutor could not get in touch with the alleged victim, the case was completely dismissed.  Every case is different, but it shows how proactive legal strategy can turn a dire situation around.

Another client, who we’ll call Maria, was in ICE detention over a traffic stop (she had no license and was undocumented). While detained, her court date for the traffic charge came and went. By the time her family contacted us, she had both an ICE case and a new criminal warrant for failing to appear. We got the warrant cleared and convinced the prosecutor to dismiss the no-valid-license charge entirely because she had a clean record otherwise.

We share these stories to illustrate that there are solutions. You are not the first person to be in this tough spot, and with experienced counsel, you can come out of it with minimal damage.

Focus on Your Rights – Even When You’re Detained

Being in ICE custody doesn’t strip away your rights in criminal court. You still have the right to fight your criminal charge, the right to a lawyer, and the right to be presumed innocent until proven guilty. We make sure those rights are respected:

• We assert your right to a speedy trial unless strategic to waive it. Just because you’re locked up elsewhere doesn’t mean the State can sit on your case forever. We can demand they bring the case to trial within the statutory period, or else dismiss it.
• We utilize discovery and motions practice fully. For instance, if you’re charged with something and evidence is needed (police reports, videos), we obtain it and can even take depositions of witnesses while you’re in ICE custody. We’ll keep you informed (through family or your immigration attorney or directly by arranging legal calls) of the developments.
• If you have the right to a jury trial, we don’t let the State bully you out of it just because you’re not physically here. Some prosecutors might say “Oh well, they’re in ICE, guess they can’t have a trial.” Not true. We will assert that right and prepare as if you were by our side. If a trial date is set, we’ll work on getting you there or proceeding in a manner that best protects your interests.

Moving Forward: We Guide Your Family Too

Often, when someone is in ICE custody, their family on the outside is struggling to understand what to do. We see it as part of our job to guide families through the process as well. We explain to your loved ones what the plan is, how the criminal case and immigration case interact, and what updates we have. This holistic approach ensures that everyone is on the same page and working towards the common goal of securing your freedom and keeping you in the U.S.

Your family can help by quickly providing any documents we might need (for example, proof of address, letters of support for the judge, or funds for any fines so we can pay them and close the case). We keep communication lines open, because a united front makes a big difference.

In summary: Mitkevicius Law has the unique experience and dedication required to handle cases where a client is in ICE custody or under an ICE hold. We will preserve your rights, prevent procedural traps like FTA warrants, and steer your criminal case toward a resolution that is favorable both in court and for your immigration status. Our firm’s motto in these scenarios is “coordination and speed.” We coordinate between systems and act swiftly – because time lost is opportunity lost.

If you or your loved one has an ICE hold and a criminal charge in Florida, reach out now. We offer urgent consultations to develop an immediate game plan. Call 850-361-2142 today. Even if you’re calling from an ICE facility or on behalf of someone detained, we are ready to jump in and help. Remember, you are not alone in this – we have your back in both courtrooms, and we’ll fight to secure your freedom and keep your future intact.