Thread: Illegal aliens await justice

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Illegal aliens await justice

By Mike Linn
Montgomery Advertiser


July 26, 2006

Illegal aliens are sitting in the Montgomery County jail for months at a time while state prosecutors wait for authorities to charge them with federal immigration crimes.

In two cases this month, state prosecutors wouldn't allow defendants to plead guilty to possession of forged documents because they were told the defendants' cases would be brought before a federal grand jury, a defense attorney handling the cases said.

The cases bring to light the difficult process officials from several agencies face in coordinating cases involving illegal immigrants who forge documents to gain access to the United States.

A state trooper arrested Jose Narvaez, 25, and Nestor Macias, 39, for trying to use forged green and Social Security cards to obtain driver's licenses.

Both men were charged in state court for possession of a forged document, but according to their attorney the state merely used the charge to hold them and wouldn't accept their guilty pleas.

"It's a farce," said their attorney, Troy Teague. "If you're going to charge these people federally, why aren't you doing it to begin with? If you're going to hold them on state charges for forever and a day, why not let them plead guilty, put punishment on them and deport them?"

Daryl Bailey, chief deputy district attorney, said the grand jury makes the decision on whether to charge a defendant, not prosecutors. The grand jury meets once a month, and if a defendant can't make bond then they have to wait in jail.

But Teague said his clients wanted to plead guilty before the grand jury had a chance to review their case.

Prosecutors typically like this option because it saves time, but denied the request because they were waiting for the federal charges, Teague said.

Mickey Pledger, supervisor for Immigration and Customs Enforcement (ICE) for the region, said it depends on the individual circumstance as to whether one of the state's 43 new immigration troopers charge illegals in federal or state court.

Narvaez spent 73 days in state custody before being released after a state grand jury found no merit in the charges. He is in the process of being deported, Pledger said.

Macias has been in the county jail for 61 days. Pledger said prosecutors will present his case to the federal grand jury.

Pledger said a customs agent is required to pick up an illegal immigrant within 48 hours after the state drops its charges, but they must be notified.

The problem, Teague said, is time served in state court doesn't count against a conviction in the federal system. He said it's actually better to plead guilty to a felony possession of a forged document in state court because the alien would likely receive probation rather than jail time.

Teague said similar incidents have occurred at least seven times this year.

Another Montgomery immigration attorney, Ben Bruner, said of the cases in which troopers charge illegal aliens for possession of a forged document in state court, all but one has been dropped.

The rest of the cases were brought to the federal system, where sentences typically range from six months to a year, he said.

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My goodness - what a swamp pit all this nutty legalese is

That is what's going to be the downfall of this country -- what's wrong with a straight line to get from point A to point B?

So in the mean time tax payers are paying for these illegals to sit in a jail cell while high paid attorney's rant and rave back and forth with what process they should take. I need an advil...

Bearpaw:

Pass me one of those advil, please

CheyenneWoman,

Sure thing. I just bought the big two bottles. How many do you need?

Something just accured to me. As long as an illegal sits in a cell and each time an attonery makes an appearance his/her visit is charged to the state, right? No wonder they're being held up in a cell. Each time an attonery makes an apperance it's money in /herhis pocket at the tax payers expense. What a racket

Originally Posted by bearpaw

CheyenneWoman,

Sure thing. I just bought the big two bottles. How many do you need?

Let's start with half of one of those bottles.

PostPosted: Wed Jul 26, 2006 10:52 am Post subject:
Something just accured to me. As long as an illegal sits in a cell and each time an attonery makes an appearance his/her visit is charged to the state, right? No wonder they're being held up in a cell. Each time an attonery makes an apperance it's money in /herhis pocket at the tax payers expense. What a racket Rolling Eyes Mad

I have one question -- who's paying for bills for the illegal aliens attorney???

CheyenneWoman,

Can you say tax payers?

Another Montgomery immigration attorney, Ben Bruner, said of the cases in which troopers charge illegal aliens for possession of a forged document in state court, all but one has been dropped.

How is it that these cases are being dropped by the state courts, yet if they are brought before a federal court, they are prosecuted and deported? Isn't forgery a state crime as well as federal?

WavTek,

Isn't forgery a state crime as well as federal?

That's always been my understanding. But then again we're dealing with illegals who's rights have been bumped in front of legal citizens.