How Long Will Someone Have to Stay in Custody?

If your loved one is detained and is in custody and not eligible for bond, I often get the question, “How long are they going to have to stay in custody?” The answer depends on the judge and on how fast you and your family can work with us to prepare the application for relief. In my office, we generally like to be prepared on the first course appearance if we know your loved one is removable and we don’t want to contest any allegations. We just want to get to it and get it over with for you. We’d like to be ready on the first course appearance. Hopefully the government will be ready as well and then we can set the case down for trial. The length of time will depend on the judge’s docket and how well your spouse testifies and how long it takes. We have had cases where the case is finished within three months because we are prepared on the first course appearance and then we set it down for trial and the judge finishes the case that day. We’ve also had many cases where the judge will put it over for one day and testimony isn’t completed and then he has to put it on again. The range could be if they’re detained for three months up to eight months. Sometimes it could be longer, hopefully not. You have to be prepared for the long haul if they want to fight their case and if your loved one is eligible for relief and your lawyer discusses with you the potential for winning. I know it’s difficult on the family. It’s certainly difficult on the person who’s detained, but it’s important to try to fight for the case. Again, most judges in New York and in New Jersey will make things move quickly if the person is detained, but things do get delayed, cases get put over for emergencies, cases get put over for timing and so they could be there for three months and if not, longer. If you have questions or you have somebody who is detained and you want to understand the process, please contact my office. I’d be happy to discuss it with you, keeping in mind that each case is different, each judge’s way of handling a case is different and testimony can vary from case to case.

Cheryl David is an experiencing attorney, practicing throughout New York City. If you have a loved one detained and need legal help, please click here and set up your free initial consultation.