I can't fault this lawyer at all. He works on a salary basis, yet goes above and beyond for his clients. This judge is very honorable and is a great person to boot. I can see by the judge's demeanor that the respect between both is mutual. When the judge told him he doesn't want him to get in trouble, that's not a threat or raised ire, that's genuine compassion for another person who is doing a great job and what they believe is right. I hope this lawyer doesn't fly to the sun, because we need more people like him. I love this judge also.
Daedelus an inventor from Greek mythology was a prisoner of a king. Guy was like your pretty smart so im gonna keep ya around here bud. Daedulus then crafted wings using bees wax as the solvent so he and his son icarus could escape. Icarus got to big for his feathers and disobeyed daddy Daedelus flying to close to the ☀ kids those days am I right
I partially disagree. It's good to see a lawyer work hard for his client but this lawyer wants something specific and is not asking for it because he knows it can't happen. He knows that if the judge issues a bench warrant and his client is brought back, he is still in federal custody and he's hoping to cause a miscommunication by the judge releasing his client in error So his client can disappear and avoid the immigration process.
Bond releases you from state/county custody...they can hold for Ice for 48 hours even with the bond...but once he is 'released' from state/county custody into the Federal ICE custody it is a different jurisdiction. He is Free from the custody of the state/county based upon his bond. But he broke Federal law and is now in their custody. Basically the lawyer is suggesting that they should be releasing his client because it has been more than 48 hours in custody but that 48 hour window only applies to the state/county detainment. He was given to Ice so that clock is reset. When he appears in court he does not return to state/county custody since he will still be under the custody of the federal government. Other than actually charging and sentencing him here( and him being deported after he serves his sentence) not sure what this achieves. Unless the lawyer is suggesting giving his client an opportunity for freedom to run away. However, if his client is still in the sherriffs custody after 48 hours with a bond posted then he has a point if he argued directly for his release. Of course, the judge would probably revoke his bond in lieu of his having been deported before his illegal status, a previous assault charge, and drunk driving. If he was a squeeky clean person who just committed the misdemeanor of illigally entering, that might be another situation entirely.
A thorough explanation indeed! I was hoping you weren't stating that illegal entry into the United States was a misdemeanor 😂 Because it is a felony to enter the U.S.A illegally. And any crime that is committed by an illegal alien can get them deported. 8 U.S.Code 101-649 S 543 to 550 should explain a lot for some who are unsure of the laws of illegal entry into the United States. Also, even in municipal court,(city) as well as State/County, Federal courts, anyone who is in the U.S. on less than full citizenship can be deported for any crime that they've committed in the U.S. I've seen a man from Honduras get deported for 2 seatbelt tickets and no turn signal ticket. It can be for anything.
@WiseChild1987 My mother and father both worked for the Dept of immigration and have for more than 30 years. I highly doubt that what I've said is wrong. I'm nearly 50 years old myself and also work in the government sector. I'd be obliged for you to tell me where I'm wrong? Please,
That's literally his job as an attorney, you donut. I've yet to meet an attorney whose personal mantra was: "Oh well, freedom would've been nice, but at least 10 years are not the death penalty. 🤷🏼♂️". 🤣 What about you? 🤗
@soxpeewee You must have been sleeping at the first or you would know his initial goal was to get his client back to his home Country before the holidays. But the Judge will not go for this. The lawyer did not ask or want to be placed in the position the Court placed him in. This lawyer deserves more praise than what most comments here give him.
@@tcaprecap1448 around the time good old fashioned cocaine got displaced by cheaper, nastier, much more powerful stimulants. I say make cocaine great again! (kidding)
No, Feldman wants his client brought back from ICE and then released, which this judge understands is the goal but he’s having none of it. Feldman needs to take the win, get the guy brought back, and then argue to get him released. He’s pushing his luck.
@@trekgirl65 will be a while, ice gotta receive and evaluate the bench warrant and as said in video they don't have to comply with the warrant and deport him anyway
As a civil engineering student, I was told by professors, “if you have the slightest doubt of whether something is unethical, it’s unethical.” It’s absolutely wild that what he was planning to do didn’t trigger any internal red flags… it makes me wonder what other wild, probably legal but completely unethical things he’s done or will do in the future.
Your last bit there. In Accounting we're taught "Not Everything Legal is Ethical", I like to add "and everything Illegal is Unethical". It's only wild it went under the radar till he specifically said it because most people don't think people are so wildly unethical.
I know a little bit about law, learned it the hard way but learned it good, and you do NOT play these kinds of games in a court of law. I am not an attorney, so if I represent myself I can pull some dirty tricks and get away with them, because I don't have a law license to lose, mostly just to annoy my opponents or in some cases to lawfully challenge their ethics, such as filing a grievance against my opponent's attorney so that she could no longer represent my opponent against me due to conflict of interest (the ploy worked). Yeah, you're right about this guy. He'll do whatever it takes, whatever he can get away with. He's young, he may sacrifice his own future if he doesn't reel it in.
It’s a good rule to live by. Because it’s usually not one great big step into unethical territory. At least with accounting scandals like Enron/Arthur Anderson, it was a whole collection of tiny little steps (each justifiable on their own) that led to a place that was incredibly unethical when reviewed in hindsight.
There’s no advocacy in engineering. You could get disciplined for something ethical related to failing to advocate appropriately just as easily. It’s not as easy as you make it out to be.
Ice Detainers are not just for 48 hours. Harris County can hold for ICE in their jail as a courtesy hold. It is essentially the same as holding him in ICE custody. This happens everyday across the country.
An ice detainer is for 48 hours. That is local law enforcement can hold even after they have bonded out for up to 48 hours to allow ice time to get him in their custody. Their custody does not necessarily mean they have him physically, just that they have files the paperwork for legal custody to transfer. Some jurisdictions that politically do not like enforcement of immigration policy will not cooperate and demand ice take them in physical custody. This jurisdiction is one of those.
@@jasoncurrie5775Yeah those jurisdictions are disgusting because they care more about a political argument than they do of their own civilians. This case proves why it should never be allowed.
@@jasoncurrie5775 Holding longer than 48 hours after bonding out gets into habeus corpus type issues, which is what this defense attorney was totally trying to have. I guarantee that is what he was going to argue if his client was held for more than 48 hours.
Ice detainers are ridiculous in the first place. You broke the law, got caught, you stay in jail until you are tried and convicted or deported. No one should be roaming around our country if they have broken the law by entering illegally and then committing another crime.
Neither DHS nor local law enforcement has unlimited resources at its disposal. It is therefore necessary for every agency---at the federal, state, and local levels of law enforcement---to assess which conceivable allocation of available resources best supports its most urgent law enforcement priorities. This sort of legal triage happens every day in every agency within every jurisdiction throughout the country. Police, for instance, do not deploy all available officers to patrol the streets in a search for jaywalkers or perpetrators of minor traffic infractions, to the point of neglecting investigations of robberies, assaults, sex crimes, and murders. Similarly, prosecutors don't put equal effort into every prosecution. Instead, they evaluate 1) the strength of available witness testimony and forensic evidence, 2) the severity of the crimes that are alleged, 3) their likelihood of prevailing in court, 4) the level of expenditure that successful prosecution will likely require, 5) the likely sentencing outcomes, and 6) the likely political and public safety consequences of either bringing the case or opting for nolle prosequi instead. On the basis of such evaluations of these and other salient factors, leadership determines the optimal allocation of staff hours, talent, and funding. Implicit in all of this is the inherent discretion of prosecutors to prioritize some prosecutions over others. Accordingly, they may agree to lesser charges, resulting in the imposition of lighter sentences and less severe adverse collateral consequences, in exchange for a swift and definite disposition or defendants' cooperation in future prosecutions of others. As justice dictates, they may even decline to prosecute altogether. Without such discretion, they would be required to prosecute every alleged instance of criminal conduct, to charge the highest conceivable offense, and to seek the maximum possible penalty in every prosecution until all available resources be exhausted. Inevitably, this would result in an increase in failed prosecutions based on trumped up charges arising from conduct that gives even slightest offense and a decrease in successful prosecutions of the worst and rarest crimes. It works much the same for DHS. Immigration authorities do not have the resources necessary to facilitate the removal of every undocumented immigrant within the country. ICE detention and removal officers must therefore prioritize certain cases over others, focusing on the removal of those who represent a threat to public health, safety, and security first before turning their attention to those among the undocumented who have committed no crimes and whose removal doesn't advance public interests at the same level of importance as health, safety, and security. The Constitution, which encapsulates the most supreme, most foundational laws of our society, does not permit indefinite detention of persons on the basis of mere accusations of criminal behavior---absent some judicial finding of being a flight risk or a threat to public health, safety, or security. Nevertheless, the judge here is claiming authority, despite such constitutional potections, to subject this defendant to indefinite detention even after his payment of the appearance bond set by the court as a condition of his release from custody, pending adjudication of the charges against him. The attorney's argument exposes an impermissible violation of the Constitution baked into structure of the system.
@MrSmith0128 Where’s the “loophole”? The lawyer is bound by a code of ethics. He’s being fully forthcoming with the Court. The Court has failed to recognize the catch 22 situation the lawyer is in.
I'm certain you have to think about it in reverse: if a man is arrested on a warrant & posts bond, the county has to hold him for 48 hours in total to give ICE a chance to pick him up. In this case, ICE already 'picked him up', so the detention will stay until he is deported. There is no way for the Defendant to leave ICE custody once he was already in it and they have a deportation planned.
@hughjarse4205 Your close, at least you have given it more thought than most. If he is brought back for this Court hearing. He would no longer in in ICE custody. He has made bond on these charges, so he could only be held legally for 48 hours.
@@timothyboone5003 Are you sure that ICE would relinquish custody? I thought they could simply transport him to the hearing, keeping him in custody, then take him back to the detention center. His jail time is effectively over, but not his detention time. Does that make sense?
Most people commenting on all court videos on YT have no understanding of how the law and courts truly operate. They base their opinions on the fictitious view they’ve gained from television shows.
“I’m not afraid judge”- says the immigration attorney as his voice goes up and octave and starts to get less and less sure of his argument. I understand making a zealous argument for your client- and he initially did so. But he constantly over talked the prosecutor and the judge MULTIPLE times And he knew it bc he’d peek up from his papers to see how they reacted. I have a hard time calling his arguments appropriate when he cuts off everyone. Its obvious watching the 2nd part, that he was relying on ‘surprising’ the prosecution but entering 10 exhibits and expecting to jump straight into arguments trying to keep the prosecutors from looking over the case law he was sighting etc. I’ll admit I don’t know all the ins and outs of haw or if our constitution applies to someone who is proven here illegal but I’m curious. Plus he’s ALREADY been deported before- my empathy is running low for him or his attorney
He found a fake loophole because the system doesn’t work like that and even if it did ICE would subsequently never comply with another bench warrant again.
He’s willfully misinterpreting the law and applying it through his misinterpretation . Not only that, he gives the impression he is negotiating with the court in bad faith. Very unethical.
The lawyer really messed up in saying what his true intentions were. He knew it, the judge knew it, prosecution knew it, we all knew it because it was written all over his face and body language. Really trying too hard to play the system, which will cost him. It seems ICE can snatch you off the street or from jail if you're in the country illegally and have you sit in detention until you're deported. It's totally irrelevant if you posted bond or not because of being an illegal and not a citizen.
@jeffreyhendricks3932 Why do you believe the lawyer messed up? He has been placed in a conundrum and has brought it to the Courts attention. Considering the situation he has been placed in, I believe he’s doing one hell of a job.
Mr. Feldman is horrified that his client is being subject to indefinite detention even after paying the appearance bond set by the court as a condition of his client's release from pre-trial detention.
How is nobody seeing what the defense is saying. They're trying to hold on an ICE detainer that says hold 48 hours, and that's it. A bench warrant was issued without a bond revocation... so the bench warrant gives permission to obtain the body, then ICE says the body can be held for 48 hours.. after 48 hours and no bond revocation he's being held for what?
In video it said dwi but the ice custody for illegally entering country for the second time took the federal charges above the state charges. This is state court while attorney is playing both sides trying to make anything happen.
@ it’s kinda not. It just means the bond goes to state fines. A dwi after court costs and fines will actually be over a grand really so if anything he owes more but the feds supersede the state. Also they are going to take him before he’s right with them. It’s weird. So really everyone is screwed. Comes down to ice not doing their job in timely manner while having the final say.
@@justanotheroglesby2847 So you are presuming that he is found guilty in the state court. Otherwise what state fines? Imagine it is you. They arrest you and set a bond. You post the bond, but do not let you out saying "Do not worry, that money will go toward your fines at sentencing". Don't you see it is backwards to talk about counting something towards the sentence before being found guilty?
I'm not convinced. I think he was hoping very much that he wouldn't have to explain the likely outcome of a course that he may have an obligation to pursue. I like the judge, but I'm not clear that he is fully grasping the situation. Then again, maybe he does and Feldman is just inexperienced or a weasel
@@kcgunesqI've watched a fair few videos and Feldman mentions he has no past experience in criminal law and specialises in immigration law, from my perspective his a weasel, state is agreeing to a bench warrant without bond revocation out of good faith and he aim well at least openly thinks to do screw the state over, and mentioning it. client been deported once before
They (not this court) are trying to steal the $1,000 bond from his client and my guess is this lawyer has seen them do it many times so he's fighting for his client.
What if this judge used social media to help maintain justice. Why is fairness in the court system blowing our minds with this judge? We are not use to this as citizens.
So a person can have their bond revoked for actions they didn't do? Seems weird. I don't think anyone should be released from jail when they do a felony when sneaking into this country. Because when a person sneaks into the country its against the law and a felony charge. They have no rights to be free. Some countries have the death penalty when you sneak into their country. This country goes light on the people.
@esdee878 most countries will charge a person with espionage even if they are not doing that. So china, Saudi arabia, Afghanistan, Iran, and North korea are just a handful of countries that can put you to death for that. We even trade lots with China and lots of people go to travel there. Best know the laws of different countries and not think the rest of the world has the same laws as the west.
@@SqueakyWheelMakesNoise that doesn't happen on a regular basis. Each person entering a country illegally isn't going to be charged with espionage. You watch way too many movies. It does happen, just not as frequently as you describe.
@@esdee878 and even though it's 2024 I bet you don't think people are purchased as slaves in an open market. You live in a small make believe world. Lots of bad countries out there. Property don't have rights.
Millions of "illegal immigrants" in the US committed no crime of "sneaking in". They came in legally on visas and then simply stayed, which is not a crime.
For all those arguing in favor of the Lawyer and giving the most GENEROUS interpretations to what he said and the judge missed it. 27:31-27:36, " I understand but I'm just saying if he gets bench warranted back and he has a valid Bond I'm going to go to the Sheriff's Office and I'm going to tell them that y'all have 48 hours to keep" You are all either idiots or have shitty ethics yourselves. He said on video and on the record, "ice can only hold him for 48 hours, i'm gonna go get him after 48" that was his whole plan in this bond move. But the comments I read, "he's just letting the court know" (poor research, listening skills), "he's lawyering it's not a loophole durrrrr" you missed another lawyer, the one in charge told him it's unethical. He was dishonest with the court with his intentions of having the client transferred into county custody. The man LITERALLY said he was going to try to spring his client with a loophole, by not telling the judge when asking for the bench warrant "if you do the bench warrant I'm going to spring my client in 48h if he's still in county after that time", giving the judge and ice information they need to make the proper decision. Sorry you're not allowed to tell half-truths to the judge if you're a lawyer, it's literally in court rules and lawyers codes of ethics! This is why we can't have nice things, slimeballs, sweepers, and morons.
because his status as an illegal immigrant is a federal matter and has no legal relevance in a state court beyond necessary coordination with federal agencies. State courts deal with state laws, federal court deals with federal laws. The only time that they should intersect is when state law interferes with federal law, which at that point federal courts determine whether it interferes with explicit federal powers. But all other times they don't consider the other's legal process.
This defense attorney is his own enemy. The judge agreed to not revoke his bond and then he tells the judge he was going to the sheriff in opposition to the court?
I'd say it's a good thing he did because if he hadn't mentioned it and went ahead and managed to get his client released - going behind the court's back - he'd be in a world of hurt. His slip let the Judge, a really stand-up guy, have the opportunity to give him some counsel on the ethical and legal ramifications if the attorney tried creating and exploiting a loophole - one only created by the Judge and District Attorney's office willing to give assistance through potentially deceptive reasoning. The attorney didn't get bench-slapped, but now he knows that's a damn good possibility if he tries to pull off this stunt. Hopefully he thinks better about it, or consults another neutral attorney.
Lawyer knows his stuff. The other guys don't post bond so ICE can let them sit there. IF they post bond I believe ICE has 48 hours to get them. Otherwise they get released on the bond. That's my understanding
This lawyer is trying to represent his client using methods he thinks are loopholes. But what’s gonna happen is, they’re gonna sanction him and test his ability as a lawyer. And in the process he may get disbarred. He needs to go back to the books and make sure his moves are ordered in the steps of the law.
At the very least before going forward with ANY risky tactics he should have had lengthy discussions about it with other People who could have fixed any understanding confusions he might be having...but then again maybe ALL the other People he discussed it with also couldn't see any faults...
@AuntieKim There’s no “loopholes” being played here. The lawyer is making the Court aware of the fact that the County can not legally keep the defendant in custody if the defendant has made a bond set by the Court itself. And that the hold ICE has placed upon the defendant is only good for 48 hours. At that point he would have to be released. The lawyer would not be representing his client to the best of his abilities if he did not demand his client’s release after that 48 hours. The lawyer deserves recognition for his zealous representation, while at the same time threading a fine line of the catch 22 situation the Court has placed him in. He’s doing an amazing job considering his situation and the fact he is an appointed lawyer.
@@timothyboone5003 It's great to point out inconsistencies and errors of course...but when the judge starts warning...it's time to concede defeat and count it as a learning experience for next time. Reflect and ask yourself if your ego is getting in your own way or if you missed something
The state has all the money power and influence and for a lawyer to take it to the line is admirable. Mr Feldman is an awesome attorney and I would want him to represent me.
Lawyer is right. If the bond remains intact and has been paid, by law the client has to be allowed back in the free world. You can't set him a bond, the bond is paid in full, and then continue to hold him in custody indefinitely after the fact. If you're worried about him skipping, give him home confinement and an ankle monitor so you know where he is at all times. But if he has a bond and its been paid, legally he MUST be released from state custody and allowed back into the free world. If I was this lawyer and I just heard the judge say "Then I'm going to revoke his bond." after hinting that he was going to go to the police to argue for his clients release from the ICE hold, I would then say "Then I'm going to the board with this and I'm going to fight it, because my clients bond is paid and he has a right to be released from custody. You can't continue to hold him when a bond has been set and the defendant paid it in full." Lawyer is right, Judge is overstepping here in favor of community safety for what he thinks is a public danger, but he's not being impartial in this regard. PC and past behavior does not mean you can treat a defendant as guilty until proven innocent.
@@LNR21then he won't be showing integrity whilst dealing and communicating with the court and all parties involved which is breaking the Texas State BAR oath
Why? He has already thought this through. Looked at the law. The law states that a hold can only occur for 48 hours. When a bond has been issued it cannot be revoked except for certain reasons. One of the first things the lawyer said was that he didn't want the bond revoked. The person, presumed innocent, has not willfully broken any bond conditions. He has been forced by ICE (civilly, and legally). I don't see what the issue is to try to get your client out of jail by using the law. It seems to me what they have always done might have broken the law and people have been sitting unlawfully. What is the basis for a grievance on this man? Avoiding telling the court his intentions? The lawyer was very clear that he didn't believe there was a legal basis to hold him more than 48 hours. Now. I really like this judge. He is exceptionally fair. Him being one who actually looks at PC despite what has found afterwards is extremely admirable. But my view is that the lawyer is excellent and doing a thankless job. That might not always sit right with the court. But his client isn't the court. His client is in custody and the job of the lawyer is to get him out (lawfully). The lawyer has an obligation to "candor to the tribunal". Not an obligation to tell the court how he is going to try to maneuver the case to find the best result. Which would include the intricacies and perhaps holes in the law when it comes to two sovereigns. The Federal and the State.
The law is in the defendants favour on this case. Mr Feldman is using the legal process to benefit his client: the prosecution pointing this out as an abuse is irrelevant if he is advocating for his client within the rule of law
Refund the bond and then file a new warrant. I don't know what stops this from happening. It seems pretty straight forward to me that the state no longer has him in custody because the feds came and got him. Yes he was here illegally but the rule of law and constitutional protections do not just cover the citizens of the united states it covers all who visit as well legally or illegally. The USA isn't like other countries that do the "protection for me but not for ye".
I wouldn’t hire this lawyer. He is tenacious, sure. But he didn’t comprehend the situation. First, the lawyer had to have the judge provide the explanation 3+ times. Not good. Next, near the end he blew it by fully revealing his strategy, saying that if the defendant was delivered by ICE via the bench warrant, he would go to the sheriff to demand release after 48 hours-even when there is an ICE detention hold because the defendant committed a crime as an illegal alien. The judge catches this, and says if he tried that the bond would be revoked. Judge also points out this would be bad for the lawyer to try such a thing. Third, the lawyer tried to say the judges bringing to attention that the defendant is here illegally was irrelevant. That’s a foolish response, it is centrally relevant to this case. The lawyer is trying to get the court to treat the defendant like a lawful resident. But this lawyer isn’t going to work a miracle on the judge or ICE. The defendant is not going to preferential treatment from either the court or ICE. ICE isn’t going to miraculously lift a detainer. Then the defendant would hypothetically be free on bond for a dui with an interlock device yet still free in the U.S. while he has an ICE detainer, having been released from custody by ICE and the sheriff 😂 C’mon if you are an iIllegal alien you shouldn’t be getting a DUI. Should not be doing risky behavior, because you know that it risks your deportation…
True. I never understood why he kept saying the court would revoke the bond when the judge said he wouldn't. Then he reveals he will go to the sheriff. Not a good judgment on this lawyer's part.
The government has no qualms about screwing over the average guy, over any whim. If a guy finds a legal loophole, let him use it. The judge can then go revoke his bond, after he's released and doesn't show up for court.
It’s really unfortunate, but when there’s an ICE hold, it might be in the defendant’s best interest to NOT pay the criminal bond, remain in criminal custody to continue/finish the criminal case, and concurrently prepare a defense from reinstatement of removal/ removal proceedings. In my experience, ICE rarely releases defendants back to criminal custody if someone has a prior order of removal. EDIT to add: Immigration attorneys argue that 48 hour ICE holds without probable cause or pending federal charges is a violation of due process rights. This defense attorney’s argument was not articulated well at all, but I don’t think he was being sneaky at all.
"Pending federal charges" would include probable cause to believe the person is deportable for administrative, if not criminal, violations of immigration laws.
Well, if the county does revoke the bond (on purpose or inadvertently), the bond company is going to come after the wife. They might take her car or whatever she put up to get the bond. I'm guessing she is also illegal, and that's why she didn't want to come to the court - she might get turned over to ICE too. He's going to get deported either way. Either before the DWI case or after.
The only real issue here is the state wants to keep the bond collateral. Legally, they can't just keep the bond without proving a violation. They can't prove a violation. The judge is taking the stance that he believes the bond would end up being indefinite and he argues that's not fair. What supports his belief that a bond can't be indefinite and that allows him to revoke?
To a blind person (no knowledge of the case) you would think that as persistent as Feldman is, his client might be a family member or good friend; he is trying hard to get him out.
Yes if he said nothing then if ICE did not pick him up then the jailer would contact the court, then they'd either have to A. Release him, B. Get him to court right away (which is still iffy with no bond revocation) or C. Revoke the bond.
Mr Feldman nor his client wanted this. Their goal was to get his client back to his home Country for the holidays. His client wanted to plead guilty to all charges while he was in ICE’s detention center. But the Judge wouldn’t go for it, saying that he had to appear in person and give a thumbs up print. I’m sure they already have a thumb print on file and if the Judge wouldn’t have accepted his plea, this could have all been over with. Since the defendant has to appear in person. The prosecutor, Judge, and Mr Feldman agree on a plan that gets him to Court. Mr Feldman later realizes that the defendant will be brought back into the Sheriff’s custody. Mr Feldman is concerned about this because he know an ICE detainer is only good for 48 hours. Meaning if ICE does not come and take custody within 48 hours after making bond, the Sheriff has no legal justification to hold the defendant any longer. To do so would be illegal and they could be held civilly liable. Mr Feldman can not knowingly allow his client to sit in jail when there’s no legal justification to do so. He is bound by his oath and duties to demand his release. Mr. Feldman reaches out to the Court to make them aware of this. The Judge in his arrogance fails to understand what Mr Feldman is trying to convey to the Court. The Judge goes as far as accusing Mr Feldman of going behind the Courts back and giving him a judicial warning. The majority of the comments are negatively towards Mr Feldman. When in fact it’s the Judge who is to blame. First for requiring the defendant to appear in person. Second for failing to see what a conundrum his plan of actions will result in. Sorry for writing a book.
I love defense attorneys fighting for their clients but what Feldman is suggesting could be criminal. Unethical and possibly violating federal law. He wants his client put in county custody, then wants him released on bond 48 hours later bi passing ICE custody. His client would have an opportunity to flea from feds and never be sentenced or tried for the DUI or the illegal entry federal charge. Advocate for your client but dont try to loophole, to help your client to escape accountability. Feldman seems more like an activist than a justice seeking member of the bar. He should want justice and fairness for his client, not be an accessory to a crime, himself!
You have a misunderstanding of what this lawyer wants. He does not want him released from custody. But he is in a catch 22 situation. He has realized that his client could legally only be held for 48 hours after being brought back into State custody. He has brought this to the Courts attention. It would be unethical if he knew his client was being held under no legal justification to not demand his release. The lawyer is being very forthcoming with the Court.
He’s been deported once. These cases just frustrate me. He commits another crime while here! The path is clear. No permission to be here? Go back. Period.
I get it. If the bond has been paid, the person is supposed to be released. In other words, he could have kept his $1000 and still been in custody. The defense attorney was too transparent. He should have kept his plan close to his vest and followed the steps. He wanted to skip steps to get his client released. Very clever, but he actually talked too much.
Mann! Judge is amazing. To hold court like that with no anger or able to hide it well. His first sentence on zoom i knew what he was trying to do. He's in too deep.
According to immigration law, if an ICE detainer is placed on you, a local law enforcement agency can hold you for a maximum of 48 hours after your court bail bond is paid, to allow ICE to take you into custody; this timeframe does not include weekends and holidays.
Something tells me the Lawyers client is a cartel guy or some other type of heavy hitter south of the border. The lawyer looks like he was severely pressured by outside influences which is what fueled this strategy of his. I've read other comments of people saying he wants some of his payment money that would be tied up in the $1000 bond but a lawyer wouldn't risk getting disbarred for that.
@@Myeyeofthebeholder says the guy who randomly comments on others posts with hate and anger... Sure buddy.. You definitely sound like you've had the booster too.
Dude looks just like Peewee Herman, but has mood swings, throws temper tantrums and dishes out heavily, while he needs others to be walking on eggshells around him, as to not upset his fragile ego.. Just like the Donald. I'm literally, in expectation of yet another rant or scolding, tensing up like crazy whenever he start speaking.. and I'm truly not someone who cowers in fear of someone shouting, but historically judges have the longer breath, no matter if they're of the kind that kept Trump out of jail or the older guy who's also going viral for his kind and helping way of treating all the people who had to take a day off to go to court, ergo him, for the most laughable and of offenses, but in return he doesn't have two faces, even with serious offenders, he maintains a very respectful. At least he never urged any attorneys to guess what he would be doing in specific, very narrow situations, requiring an intimate knowledge of the judges personality and job.. 🤦🏼♂️ The guy is literally the perfect amalgamation of everything that is weird, megalomaniacal and wrong with Texas.. 👀
Judge is going to do it the way he wants to do it. And the way they have always done it. And follow the law when we want to. What a joke! Transparency at its finest.
It's going to be a LONG time before this defense attorney is extended any courtesy or favours by this court. He tried to overplay his hand and got caught. Nobody's going to trust him now.
We need a follow up of this one
I can't fault this lawyer at all. He works on a salary basis, yet goes above and beyond for his clients. This judge is very honorable and is a great person to boot. I can see by the judge's demeanor that the respect between both is mutual. When the judge told him he doesn't want him to get in trouble, that's not a threat or raised ire, that's genuine compassion for another person who is doing a great job and what they believe is right. I hope this lawyer doesn't fly to the sun, because we need more people like him. I love this judge also.
Thanks for the reference to the Promethean hero, these kind of literary allusions are rare in youtube comment sections.
Daedelus an inventor from Greek mythology was a prisoner of a king. Guy was like your pretty smart so im gonna keep ya around here bud. Daedulus then crafted wings using bees wax as the solvent so he and his son icarus could escape. Icarus got to big for his feathers and disobeyed daddy Daedelus flying to close to the ☀ kids those days am I right
Lawyer is on someone’s retainer. Recently found out this judge ie woke re illegal aliens 🤬🤯
I partially disagree. It's good to see a lawyer work hard for his client but this lawyer wants something specific and is not asking for it because he knows it can't happen. He knows that if the judge issues a bench warrant and his client is brought back, he is still in federal custody and he's hoping to cause a miscommunication by the judge releasing his client in error So his client can disappear and avoid the immigration process.
Bond releases you from state/county custody...they can hold for Ice for 48 hours even with the bond...but once he is 'released' from state/county custody into the Federal ICE custody it is a different jurisdiction. He is Free from the custody of the state/county based upon his bond. But he broke Federal law and is now in their custody. Basically the lawyer is suggesting that they should be releasing his client because it has been more than 48 hours in custody but that 48 hour window only applies to the state/county detainment. He was given to Ice so that clock is reset. When he appears in court he does not return to state/county custody since he will still be under the custody of the federal government. Other than actually charging and sentencing him here( and him being deported after he serves his sentence) not sure what this achieves. Unless the lawyer is suggesting giving his client an opportunity for freedom to run away. However, if his client is still in the sherriffs custody after 48 hours with a bond posted then he has a point if he argued directly for his release. Of course, the judge would probably revoke his bond in lieu of his having been deported before his illegal status, a previous assault charge, and drunk driving. If he was a squeeky clean person who just committed the misdemeanor of illigally entering, that might be another situation entirely.
An excellent explanation for us lay persons. Thanks
A thorough explanation indeed! I was hoping you weren't stating that illegal entry into the United States was a misdemeanor 😂 Because it is a felony to enter the U.S.A illegally. And any crime that is committed by an illegal alien can get them deported. 8 U.S.Code 101-649 S 543 to 550 should explain a lot for some who are unsure of the laws of illegal entry into the United States. Also, even in municipal court,(city) as well as State/County, Federal courts, anyone who is in the U.S. on less than full citizenship can be deported for any crime that they've committed in the U.S. I've seen a man from Honduras get deported for 2 seatbelt tickets and no turn signal ticket. It can be for anything.
Thank you so much 😌
@@BigBabyJane You couldn’t be more wrong.
@WiseChild1987 My mother and father both worked for the Dept of immigration and have for more than 30 years. I highly doubt that what I've said is wrong. I'm nearly 50 years old myself and also work in the government sector. I'd be obliged for you to tell me where I'm wrong? Please,
Sounds like Feldman doesn't care as long as his client gets out so his client can ghost
I think you nailed it.
That's literally his job as an attorney, you donut. I've yet to meet an attorney whose personal mantra was: "Oh well, freedom would've been nice, but at least 10 years are not the death penalty. 🤷🏼♂️". 🤣
What about you? 🤗
@@HG_Budde r/whoosh
@soxpeewee
You must have been sleeping at the first or you would know his initial goal was to get his client back to his home Country before the holidays. But the Judge will not go for this. The lawyer did not ask or want to be placed in the position the Court placed him in. This lawyer deserves more praise than what most comments here give him.
@HG_Budde Finally, an attorney working for the people and not the court.
This was some fine legal logic. This is what makes court so interesting. Not many judges are as open to creative solutions.
Lack of intellectual creativity is definitely a problem in US lately
@@feraldragon850 Lack of intellectual curiosity has been a problem in this country since the 1970s.
@@tcaprecap1448 around the time good old fashioned cocaine got displaced by cheaper, nastier, much more powerful stimulants. I say make cocaine great again! (kidding)
The bond being stolen is the issue. They shound just give him his $ back and deport him.
No, Feldman wants his client brought back from ICE and then released, which this judge understands is the goal but he’s having none of it. Feldman needs to take the win, get the guy brought back, and then argue to get him released. He’s pushing his luck.
Screw his bond it can go toward court cost.
Nah fk dat would you let em
Take your bread
No, when you trespass into someone else's home and run up a bill, with a court no less, then you'd better pay the tab before you get to leave.
@@GmodeFr-c9e Well they could try to litigate it but since they aren't a US citizen they'd have a hard time.
You can see the moment where the defense attorney is like oh I took it too far.
that's what i was thinking
@ericarydholm2082
No that’s a look of “how do I get this Judge to understand the position he has placed me in?.
That's what a lot of lawyers do see where the line is then they stop.
I'm coming up on it so I'm looking for it 😂
Oh we need the biggest of follow ups on this one.
We will get it soon enough.
@@trekgirl65 will be a while, ice gotta receive and evaluate the bench warrant and as said in video they don't have to comply with the warrant and deport him anyway
@@jxswu3224 the judge said generally about 90 days so even if they expedited it by getting it to the right person, I'm thinking 60-75 days atleast.
As a civil engineering student, I was told by professors, “if you have the slightest doubt of whether something is unethical, it’s unethical.”
It’s absolutely wild that what he was planning to do didn’t trigger any internal red flags… it makes me wonder what other wild, probably legal but completely unethical things he’s done or will do in the future.
Your last bit there. In Accounting we're taught "Not Everything Legal is Ethical", I like to add "and everything Illegal is Unethical". It's only wild it went under the radar till he specifically said it because most people don't think people are so wildly unethical.
I know a little bit about law, learned it the hard way but learned it good, and you do NOT play these kinds of games in a court of law. I am not an attorney, so if I represent myself I can pull some dirty tricks and get away with them, because I don't have a law license to lose, mostly just to annoy my opponents or in some cases to lawfully challenge their ethics, such as filing a grievance against my opponent's attorney so that she could no longer represent my opponent against me due to conflict of interest (the ploy worked). Yeah, you're right about this guy. He'll do whatever it takes, whatever he can get away with. He's young, he may sacrifice his own future if he doesn't reel it in.
It’s a good rule to live by. Because it’s usually not one great big step into unethical territory. At least with accounting scandals like Enron/Arthur Anderson, it was a whole collection of tiny little steps (each justifiable on their own) that led to a place that was incredibly unethical when reviewed in hindsight.
There’s no advocacy in engineering. You could get disciplined for something ethical related to failing to advocate appropriately just as easily. It’s not as easy as you make it out to be.
Critically important for a CivE. Good for you for learning this lesson early.
The amount of taxpayers money I just watched get flushed down the drain for absolutely no reason is just astonishing. Deport him and call it a day
We should deport you since you dont believe in due process in this country.
Ice Detainers are not just for 48 hours. Harris County can hold for ICE in their jail as a courtesy hold. It is essentially the same as holding him in ICE custody. This happens everyday across the country.
An ice detainer is for 48 hours. That is local law enforcement can hold even after they have bonded out for up to 48 hours to allow ice time to get him in their custody. Their custody does not necessarily mean they have him physically, just that they have files the paperwork for legal custody to transfer. Some jurisdictions that politically do not like enforcement of immigration policy will not cooperate and demand ice take them in physical custody. This jurisdiction is one of those.
@@jasoncurrie5775Yeah those jurisdictions are disgusting because they care more about a political argument than they do of their own civilians. This case proves why it should never be allowed.
@@jasoncurrie5775 Holding longer than 48 hours after bonding out gets into habeus corpus type issues, which is what this defense attorney was totally trying to have. I guarantee that is what he was going to argue if his client was held for more than 48 hours.
Ice detainers are ridiculous in the first place. You broke the law, got caught, you stay in jail until you are tried and convicted or deported. No one should be roaming around our country if they have broken the law by entering illegally and then committing another crime.
Neither DHS nor local law enforcement has unlimited resources at its disposal. It is therefore necessary for every agency---at the federal, state, and local levels of law enforcement---to assess which conceivable allocation of available resources best supports its most urgent law enforcement priorities. This sort of legal triage happens every day in every agency within every jurisdiction throughout the country. Police, for instance, do not deploy all available officers to patrol the streets in a search for jaywalkers or perpetrators of minor traffic infractions, to the point of neglecting investigations of robberies, assaults, sex crimes, and murders. Similarly, prosecutors don't put equal effort into every prosecution. Instead, they evaluate 1) the strength of available witness testimony and forensic evidence, 2) the severity of the crimes that are alleged, 3) their likelihood of prevailing in court, 4) the level of expenditure that successful prosecution will likely require, 5) the likely sentencing outcomes, and 6) the likely political and public safety consequences of either bringing the case or opting for nolle prosequi instead. On the basis of such evaluations of these and other salient factors, leadership determines the optimal allocation of staff hours, talent, and funding.
Implicit in all of this is the inherent discretion of prosecutors to prioritize some prosecutions over others. Accordingly, they may agree to lesser charges, resulting in the imposition of lighter sentences and less severe adverse collateral consequences, in exchange for a swift and definite disposition or defendants' cooperation in future prosecutions of others. As justice dictates, they may even decline to prosecute altogether. Without such discretion, they would be required to prosecute every alleged instance of criminal conduct, to charge the highest conceivable offense, and to seek the maximum possible penalty in every prosecution until all available resources be exhausted. Inevitably, this would result in an increase in failed prosecutions based on trumped up charges arising from conduct that gives even slightest offense and a decrease in successful prosecutions of the worst and rarest crimes.
It works much the same for DHS. Immigration authorities do not have the resources necessary to facilitate the removal of every undocumented immigrant within the country. ICE detention and removal officers must therefore prioritize certain cases over others, focusing on the removal of those who represent a threat to public health, safety, and security first before turning their attention to those among the undocumented who have committed no crimes and whose removal doesn't advance public interests at the same level of importance as health, safety, and security.
The Constitution, which encapsulates the most supreme, most foundational laws of our society, does not permit indefinite detention of persons on the basis of mere accusations of criminal behavior---absent some judicial finding of being a flight risk or a threat to public health, safety, or security. Nevertheless, the judge here is claiming authority, despite such constitutional potections, to subject this defendant to indefinite detention even after his payment of the appearance bond set by the court as a condition of his release from custody, pending adjudication of the charges against him. The attorney's argument exposes an impermissible violation of the Constitution baked into structure of the system.
Mr. Feldman thinks he had found a loophole. Mr. Feldman may find himself in contempt.
@MrSmith0128
Where’s the “loophole”? The lawyer is bound by a code of ethics. He’s being fully forthcoming with the Court. The Court has failed to recognize the catch 22 situation the lawyer is in.
TRUE.
You wouldn’t know what qualifies for a contempt hearing even if it smacked you in your head.
I'm certain you have to think about it in reverse: if a man is arrested on a warrant & posts bond, the county has to hold him for 48 hours in total to give ICE a chance to pick him up. In this case, ICE already 'picked him up', so the detention will stay until he is deported. There is no way for the Defendant to leave ICE custody once he was already in it and they have a deportation planned.
That makes sense, now. Thanks.
There are always to be transferred/transported to another law enforcement agency.
@hughjarse4205
Your close, at least you have given it more thought than most. If he is brought back for this Court hearing. He would no longer in in ICE custody. He has made bond on these charges, so he could only be held legally for 48 hours.
@@timothyboone5003 Are you sure that ICE would relinquish custody? I thought they could simply transport him to the hearing, keeping him in custody, then take him back to the detention center. His jail time is effectively over, but not his detention time. Does that make sense?
@@hughjarse4205 correct, that's usually how it goes
Most people commenting here have zero idea what they are talking about.
Most people commenting on all court videos on YT have no understanding of how the law and courts truly operate. They base their opinions on the fictitious view they’ve gained from television shows.
Most people commenting about other people commenting are actually stupider than the original people commenting.
@@jimjambananaslam3596 If we follow your logic that would mean you commenting on others commenting on others says what about your intelligence 🤔
@@jimjambananaslam3596 You meta'd yourself.
@@yevettebrinegar6699 Bingo.
“I’m not afraid judge”- says the immigration attorney as his voice goes up and octave and starts to get less and less sure of his argument. I understand making a zealous argument for your client- and he initially did so. But he constantly over talked the prosecutor and the judge MULTIPLE times And he knew it bc he’d peek up from his papers to see how they reacted. I have a hard time calling his arguments appropriate when he cuts off everyone. Its obvious watching the 2nd part, that he was relying on ‘surprising’ the prosecution but entering 10 exhibits and expecting to jump straight into arguments trying to keep the prosecutors from looking over the case law he was sighting etc. I’ll admit I don’t know all the ins and outs of haw or if our constitution applies to someone who is proven here illegal but I’m curious. Plus he’s ALREADY been deported before- my empathy is running low for him or his attorney
Our Constitution covers anyone and everyone that’s within our borders.
Our Constitution applies equally to anyone within our borders, regardless of their citizenship or immigration status.
I dont think he was less sure of his argument, just more afraid of the consequences.
@jessica.cash3
The lawyer is doing one hell of a job considering the conundrum he has been placed in.
@@timothyboone5003are you replying to every single comment for a particular reason? Emotional doesn’t mean you’re correct.
He found a loop hole it sounds like. Almost like some Better Call Saul shit.
He's making a loophole. 😳
It is!
He found a fake loophole because the system doesn’t work like that and even if it did ICE would subsequently never comply with another bench warrant again.
He’s willfully misinterpreting the law and applying it through his misinterpretation .
Not only that, he gives the impression he is negotiating with the court in bad faith. Very unethical.
@hustlr23
It’s not a “loophole”. The lawyer is forewarning the Court as to what he would be obligated to do. What more could you ask from him?
The lawyer really messed up in saying what his true intentions were. He knew it, the judge knew it, prosecution knew it, we all knew it because it was written all over his face and body language. Really trying too hard to play the system, which will cost him. It seems ICE can snatch you off the street or from jail if you're in the country illegally and have you sit in detention until you're deported. It's totally irrelevant if you posted bond or not because of being an illegal and not a citizen.
@jeffreyhendricks3932
Why do you believe the lawyer messed up? He has been placed in a conundrum and has brought it to the Courts attention. Considering the situation he has been placed in, I believe he’s doing one hell of a job.
Mr. Feldman is horrified that the Cartel is now coming after him. 😂
Oppsies!!
Lolz
Literally my thoughts too
Mr. Feldman is horrified that his client is being subject to indefinite detention even after paying the appearance bond set by the court as a condition of his client's release from pre-trial detention.
How is nobody seeing what the defense is saying. They're trying to hold on an ICE detainer that says hold 48 hours, and that's it. A bench warrant was issued without a bond revocation... so the bench warrant gives permission to obtain the body, then ICE says the body can be held for 48 hours.. after 48 hours and no bond revocation he's being held for what?
In video it said dwi but the ice custody for illegally entering country for the second time took the federal charges above the state charges. This is state court while attorney is playing both sides trying to make anything happen.
Also I get the 48 release stipulation but only a fed judge can release. He needs held till deportation imo.
@@justanotheroglesby2847So they just take his bond... and then not let him go? How is that legal?
@ it’s kinda not. It just means the bond goes to state fines. A dwi after court costs and fines will actually be over a grand really so if anything he owes more but the feds supersede the state. Also they are going to take him before he’s right with them. It’s weird. So really everyone is screwed. Comes down to ice not doing their job in timely manner while having the final say.
@@justanotheroglesby2847 So you are presuming that he is found guilty in the state court. Otherwise what state fines?
Imagine it is you. They arrest you and set a bond. You post the bond, but do not let you out saying "Do not worry, that money will go toward your fines at sentencing". Don't you see it is backwards to talk about counting something towards the sentence before being found guilty?
Noah isn't playing with all the cards he thinks he has.
This lawyer is too good for his own good... lol, and like I saw another comment , his face when he realized he said too much! lol
I'm not convinced. I think he was hoping very much that he wouldn't have to explain the likely outcome of a course that he may have an obligation to pursue. I like the judge, but I'm not clear that he is fully grasping the situation. Then again, maybe he does and Feldman is just inexperienced or a weasel
@@kcgunesqI've watched a fair few videos and Feldman mentions he has no past experience in criminal law and specialises in immigration law, from my perspective his a weasel, state is agreeing to a bench warrant without bond revocation out of good faith and he aim well at least openly thinks to do screw the state over, and mentioning it. client been deported once before
Sounds to me like Mr Feldman is trying to get his client released with some shady loophole so his client can escape. But what do I know.
@@markmcmillan6254 agreed bros been deported once before already and as previous criminal history in Texas
They (not this court) are trying to steal the $1,000 bond from his client and my guess is this lawyer has seen them do it many times so he's fighting for his client.
What if this judge used social media to help maintain justice. Why is fairness in the court system blowing our minds with this judge? We are not use to this as citizens.
So a person can have their bond revoked for actions they didn't do? Seems weird. I don't think anyone should be released from jail when they do a felony when sneaking into this country. Because when a person sneaks into the country its against the law and a felony charge. They have no rights to be free. Some countries have the death penalty when you sneak into their country. This country goes light on the people.
Which countries have the death penalty if you sneak in their country? 🤔
@esdee878 most countries will charge a person with espionage even if they are not doing that. So china, Saudi arabia, Afghanistan, Iran, and North korea are just a handful of countries that can put you to death for that. We even trade lots with China and lots of people go to travel there. Best know the laws of different countries and not think the rest of the world has the same laws as the west.
@@SqueakyWheelMakesNoise that doesn't happen on a regular basis. Each person entering a country illegally isn't going to be charged with espionage. You watch way too many movies. It does happen, just not as frequently as you describe.
@@esdee878 and even though it's 2024 I bet you don't think people are purchased as slaves in an open market. You live in a small make believe world. Lots of bad countries out there. Property don't have rights.
Millions of "illegal immigrants" in the US committed no crime of "sneaking in". They came in legally on visas and then simply stayed, which is not a crime.
For all those arguing in favor of the Lawyer and giving the most GENEROUS interpretations to what he said and the judge missed it. 27:31-27:36, " I understand but I'm just saying if he gets bench warranted back and he has a valid Bond I'm going to go to the Sheriff's Office and I'm going to tell them that y'all have 48 hours to keep" You are all either idiots or have shitty ethics yourselves. He said on video and on the record, "ice can only hold him for 48 hours, i'm gonna go get him after 48" that was his whole plan in this bond move.
But the comments I read, "he's just letting the court know" (poor research, listening skills), "he's lawyering it's not a loophole durrrrr" you missed another lawyer, the one in charge told him it's unethical. He was dishonest with the court with his intentions of having the client transferred into county custody.
The man LITERALLY said he was going to try to spring his client with a loophole, by not telling the judge when asking for the bench warrant "if you do the bench warrant I'm going to spring my client in 48h if he's still in county after that time", giving the judge and ice information they need to make the proper decision. Sorry you're not allowed to tell half-truths to the judge if you're a lawyer, it's literally in court rules and lawyers codes of ethics!
This is why we can't have nice things, slimeballs, sweepers, and morons.
If he is in the country illegally, why would he be eligible for bail?
because his status as an illegal immigrant is a federal matter and has no legal relevance in a state court beyond necessary coordination with federal agencies. State courts deal with state laws, federal court deals with federal laws. The only time that they should intersect is when state law interferes with federal law, which at that point federal courts determine whether it interferes with explicit federal powers. But all other times they don't consider the other's legal process.
Just get him to safety
before the trumpets start playing
This defense attorney is his own enemy. The judge agreed to not revoke his bond and then he tells the judge he was going to the sheriff in opposition to the court?
I'd say it's a good thing he did because if he hadn't mentioned it and went ahead and managed to get his client released - going behind the court's back - he'd be in a world of hurt. His slip let the Judge, a really stand-up guy, have the opportunity to give him some counsel on the ethical and legal ramifications if the attorney tried creating and exploiting a loophole - one only created by the Judge and District Attorney's office willing to give assistance through potentially deceptive reasoning.
The attorney didn't get bench-slapped, but now he knows that's a damn good possibility if he tries to pull off this stunt. Hopefully he thinks better about it, or consults another neutral attorney.
@jeffcokenour3459
You have a poor understanding of the law and what this lawyer is attempting to accomplish.
@@timothyboone5003so do you
What an argument from each party. WOW. So many angles.
Lawyer knows his stuff. The other guys don't post bond so ICE can let them sit there. IF they post bond I believe ICE has 48 hours to get them. Otherwise they get released on the bond. That's my understanding
Yeah and penny didn't seem to drop for the judge that they'd grab the body hold him for beyond the 48 hours and not release again under bond.
This lawyer is trying to represent his client using methods he thinks are loopholes. But what’s gonna happen is, they’re gonna sanction him and test his ability as a lawyer. And in the process he may get disbarred. He needs to go back to the books and make sure his moves are ordered in the steps of the law.
At the very least before going forward with ANY risky tactics he should have had lengthy discussions about it with other People who could have fixed any understanding confusions he might be having...but then again maybe ALL the other People he discussed it with also couldn't see any faults...
@AuntieKim
There’s no “loopholes” being played here. The lawyer is making the Court aware of the fact that the County can not legally keep the defendant in custody if the defendant has made a bond set by the Court itself. And that the hold ICE has placed upon the defendant is only good for 48 hours. At that point he would have to be released. The lawyer would not be representing his client to the best of his abilities if he did not demand his client’s release after that 48 hours.
The lawyer deserves recognition for his zealous representation, while at the same time threading a fine line of the catch 22 situation the Court has placed him in. He’s doing an amazing job considering his situation and the fact he is an appointed lawyer.
@@timothyboone5003 It's great to point out inconsistencies and errors of course...but when the judge starts warning...it's time to concede defeat and count it as a learning experience for next time. Reflect and ask yourself if your ego is getting in your own way or if you missed something
Really, not.
its not loopholes its lawyering
The prosecution is mistaken to rely on ICE officers knowing the law.
The state has all the money power and influence and for a lawyer to take it to the line is admirable. Mr Feldman is an awesome attorney and I would want him to represent me.
This was riveting!
Lawyer is right. If the bond remains intact and has been paid, by law the client has to be allowed back in the free world. You can't set him a bond, the bond is paid in full, and then continue to hold him in custody indefinitely after the fact.
If you're worried about him skipping, give him home confinement and an ankle monitor so you know where he is at all times. But if he has a bond and its been paid, legally he MUST be released from state custody and allowed back into the free world.
If I was this lawyer and I just heard the judge say "Then I'm going to revoke his bond." after hinting that he was going to go to the police to argue for his clients release from the ICE hold, I would then say "Then I'm going to the board with this and I'm going to fight it, because my clients bond is paid and he has a right to be released from custody. You can't continue to hold him when a bond has been set and the defendant paid it in full."
Lawyer is right, Judge is overstepping here in favor of community safety for what he thinks is a public danger, but he's not being impartial in this regard. PC and past behavior does not mean you can treat a defendant as guilty until proven innocent.
He should be deported. Wasting Harris county workers money 💰💰💰
Mr Feldman is one or two steps away from being disbarred
Maybe not immediately disbarred, but a reprimand would fit nicely.
For trying to do the right thing
@@LNR21then he won't be showing integrity whilst dealing and communicating with the court and all parties involved which is breaking the Texas State BAR oath
Why?
He has already thought this through.
Looked at the law.
The law states that a hold can only occur for 48 hours.
When a bond has been issued it cannot be revoked except for certain reasons.
One of the first things the lawyer said was that he didn't want the bond revoked.
The person, presumed innocent, has not willfully broken any bond conditions.
He has been forced by ICE (civilly, and legally).
I don't see what the issue is to try to get your client out of jail by using the law.
It seems to me what they have always done might have broken the law and people have been sitting unlawfully.
What is the basis for a grievance on this man?
Avoiding telling the court his intentions?
The lawyer was very clear that he didn't believe there was a legal basis to hold him more than 48 hours.
Now. I really like this judge. He is exceptionally fair.
Him being one who actually looks at PC despite what has found afterwards is extremely admirable.
But my view is that the lawyer is excellent and doing a thankless job.
That might not always sit right with the court.
But his client isn't the court. His client is in custody and the job of the lawyer is to get him out (lawfully).
The lawyer has an obligation to "candor to the tribunal".
Not an obligation to tell the court how he is going to try to maneuver the case to find the best result.
Which would include the intricacies and perhaps holes in the law when it comes to two sovereigns.
The Federal and the State.
The law is in the defendants favour on this case. Mr Feldman is using the legal process to benefit his client: the prosecution pointing this out as an abuse is irrelevant if he is advocating for his client within the rule of law
Refund the bond and then file a new warrant. I don't know what stops this from happening. It seems pretty straight forward to me that the state no longer has him in custody because the feds came and got him. Yes he was here illegally but the rule of law and constitutional protections do not just cover the citizens of the united states it covers all who visit as well legally or illegally. The USA isn't like other countries that do the "protection for me but not for ye".
Except in Texass
After the 48-hour period, if ICE has not taken you into custody, the jail must release you.
UGH "Moises Phelipe Geraldo Rivera" is fixing to go back home in a big way soon. Hopefully.
If I was the judge, I simply would have revoked the bond.
That simple😏
Exactly 👍
Good thing you’re not a judge
He. Didn’t. Do. Anything. To. Violate. Bond.
@chrisnm7922
There has to be a reason for the bond revocation. So it’s not that simple. Only a simple mind could think so.
Simply unbelievable!
I’d love a follow up on this one
I wouldn’t hire this lawyer. He is tenacious, sure. But he didn’t comprehend the situation. First, the lawyer had to have the judge provide the explanation 3+ times. Not good. Next, near the end he blew it by fully revealing his strategy, saying that if the defendant was delivered by ICE via the bench warrant, he would go to the sheriff to demand release after 48 hours-even when there is an ICE detention hold because the defendant committed a crime as an illegal alien. The judge catches this, and says if he tried that the bond would be revoked. Judge also points out this would be bad for the lawyer to try such a thing. Third, the lawyer tried to say the judges bringing to attention that the defendant is here illegally was irrelevant. That’s a foolish response, it is centrally relevant to this case.
The lawyer is trying to get the court to treat the defendant like a lawful resident. But this lawyer isn’t going to work a miracle on the judge or ICE. The defendant is not going to preferential treatment from either the court or ICE. ICE isn’t going to miraculously lift a detainer. Then the defendant would hypothetically be free on bond for a dui with an interlock device yet still free in the U.S. while he has an ICE detainer, having been released from custody by ICE and the sheriff 😂
C’mon if you are an iIllegal alien you shouldn’t be getting a DUI. Should not be doing risky behavior, because you know that it risks your deportation…
True. I never understood why he kept saying the court would revoke the bond when the judge said he wouldn't. Then he reveals he will go to the sheriff. Not a good judgment on this lawyer's part.
The defence lawyer says "...if I wasn't a salaried employee..." What?!
Plus he brings in the head of the defendant.
This is like a wr dropping the ball at the yard line on a walk in TD!
The government has no qualms about screwing over the average guy, over any whim. If a guy finds a legal loophole, let him use it. The judge can then go revoke his bond, after he's released and doesn't show up for court.
The government is elected by the people for and behalf the people they don't appoint themselves .
Oooooh. Attorney bout to start a fed case with this one. 😂 Micky Haller never gives up the plan.
woah, looking forward to the follow up.
It’s really unfortunate, but when there’s an ICE hold, it might be in the defendant’s best interest to NOT pay the criminal bond, remain in criminal custody to continue/finish the criminal case, and concurrently prepare a defense from reinstatement of removal/ removal proceedings. In my experience, ICE rarely releases defendants back to criminal custody if someone has a prior order of removal. EDIT to add: Immigration attorneys argue that 48 hour ICE holds without probable cause or pending federal charges is a violation of due process rights. This defense attorney’s argument was not articulated well at all, but I don’t think he was being sneaky at all.
"Pending federal charges" would include probable cause to believe the person is deportable for administrative, if not criminal, violations of immigration laws.
it sounds like the bond was paid, he should have been released, but then ICE got him before he could be released.
WHOSE ON FIRST?! Good Lord 🤦🏻♀️
This sounds to me like there is some money promised (not the $1000 bond).
He’s going to drive the courtroom to drink 🍻.
That's what courts are for--to vet the arguments thoroughly. Good thing you're not a lawyer or judge.
I want to play poker with this pigeon....lol. Too smart for the room.
I want this guy to be my laywer
The guy is relentless.
I would want that person as the lawyer!
ICE: how do i feel today…
Ok you can gave him. I dont like him anyway
Do you English can write?
Lawyer thinks he found a loophole.
Lol!
Who let this guy be an attorney?! 🤦🤦🤦
This started out crazy. Prosecution barging in, defendant on a computer screen, Wow! I knew it was going to be one for the books!
Well, if the county does revoke the bond (on purpose or inadvertently), the bond company is going to come after the wife. They might take her car or whatever she put up to get the bond. I'm guessing she is also illegal, and that's why she didn't want to come to the court - she might get turned over to ICE too. He's going to get deported either way. Either before the DWI case or after.
The only real issue here is the state wants to keep the bond collateral. Legally, they can't just keep the bond without proving a violation. They can't prove a violation. The judge is taking the stance that he believes the bond would end up being indefinite and he argues that's not fair. What supports his belief that a bond can't be indefinite and that allows him to revoke?
To a blind person (no knowledge of the case) you would think that as persistent as Feldman is, his client might be a family member or good friend; he is trying hard to get him out.
Feldman chased this one down too hard. He could've gotten what he wanted if he had just played his cards and kept his mouth shut.
Yes if he said nothing then if ICE did not pick him up then the jailer would contact the court, then they'd either have to A. Release him, B. Get him to court right away (which is still iffy with no bond revocation) or C. Revoke the bond.
He got what he wanted but kept running his mouth.
I want this lawyer!He came prepared AF!
not a citizen shouldn't get the same rights
He’s trying to find a loophole but either way he’s here illegally for the 2nd time and committing offenses.
Deport once again….
As an immigration attorney you should understand what a 247 hold is but yeah Feldman I get it, and so do you.
Judge wants his cake and eat it to
@@RichardBaran Judge wants to try the case before him and try to help the defendant avoid a criminal conviction, which hurts the immigration defense.
Man this is a tough one.
Mr Feldman nor his client wanted this. Their goal was to get his client back to his home Country for the holidays. His client wanted to plead guilty to all charges while he was in ICE’s detention center. But the Judge wouldn’t go for it, saying that he had to appear in person and give a thumbs up print. I’m sure they already have a thumb print on file and if the Judge wouldn’t have accepted his plea, this could have all been over with.
Since the defendant has to appear in person. The prosecutor, Judge, and Mr Feldman agree on a plan that gets him to Court. Mr Feldman later realizes that the defendant will be brought back into the Sheriff’s custody. Mr Feldman is concerned about this because he know an ICE detainer is only good for 48 hours. Meaning if ICE does not come and take custody within 48 hours after making bond, the Sheriff has no legal justification to hold the defendant any longer. To do so would be illegal and they could be held civilly liable.
Mr Feldman can not knowingly allow his client to sit in jail when there’s no legal justification to do so. He is bound by his oath and duties to demand his release.
Mr. Feldman reaches out to the Court to make them aware of this. The Judge in his arrogance fails to understand what Mr Feldman is trying to convey to the Court. The Judge goes as far as accusing Mr Feldman of going behind the Courts back and giving him a judicial warning.
The majority of the comments are negatively towards Mr Feldman. When in fact it’s the Judge who is to blame. First for requiring the defendant to appear in person. Second for failing to see what a conundrum his plan of actions will result in.
Sorry for writing a book.
The dark hair Public prosecutor is HOT ASF....
I’ve got $10 on the lawyer not going to the sheriff and demanding release. Any takers? Haha
I love defense attorneys fighting for their clients but what Feldman is suggesting could be criminal. Unethical and possibly violating federal law.
He wants his client put in county custody, then wants him released on bond 48 hours later bi passing ICE custody. His client would have an opportunity to flea from feds and never be sentenced or tried for the DUI or the illegal entry federal charge.
Advocate for your client but dont try to loophole, to help your client to escape accountability. Feldman seems more like an activist than a justice seeking member of the bar. He should want justice and fairness for his client, not be an accessory to a crime, himself!
You have a misunderstanding of what this lawyer wants. He does not want him released from custody. But he is in a catch 22 situation. He has realized that his client could legally only be held for 48 hours after being brought back into State custody. He has brought this to the Courts attention. It would be unethical if he knew his client was being held under no legal justification to not demand his release. The lawyer is being very forthcoming with the Court.
Well put
something is very fishy with this lawyer in this case. Something’s off or the feds want him for a very good reason
@@AerialEscape
That’s how I feel
He’s been deported once. These cases just frustrate me. He commits another crime while here! The path is clear. No permission to be here? Go back. Period.
Better call this dude
I get it. If the bond has been paid, the person is supposed to be released. In other words, he could have kept his $1000 and still been in custody. The defense attorney was too transparent. He should have kept his plan close to his vest and followed the steps. He wanted to skip steps to get his client released. Very clever, but he actually talked too much.
Mann! Judge is amazing. To hold court like that with no anger or able to hide it well. His first sentence on zoom i knew what he was trying to do. He's in too deep.
All this effort to keep someone in this country who drinks and drives. Gee how glad I am to pay taxes.
Sneaky lawyer, could absolutely see the shenanigans relatively early.
Yes I’m stupid! I don’t see why this is happening? Does he want his client to get out into public??
@@DonnaLGrenier
Fishy, isn’t it?
He wants the state to follow their own laws... they don't seem to like that proposal.
I'm not totally following. Defense attorney doesn't want his guy to be deported? The court has to comply with federal law.
According to immigration law, if an ICE detainer is placed on you, a local law enforcement agency can hold you for a maximum of 48 hours after your court bail bond is paid, to allow ICE to take you into custody; this timeframe does not include weekends and holidays.
Something tells me the Lawyers client is a cartel guy or some other type of heavy hitter south of the border. The lawyer looks like he was severely pressured by outside influences which is what fueled this strategy of his. I've read other comments of people saying he wants some of his payment money that would be tied up in the $1000 bond but a lawyer wouldn't risk getting disbarred for that.
U sound stupid. Or he was just a lawyer trying to get his client the rights he is bound to by law.
The lawyer was a salary state employee .... He doesn't get a payment from the bond. Keep speaking so your ignorance can show even more please
@@Myeyeofthebeholder You sound vaccinated
@AwestruckAudioHertz lol. U sound like ur unwell
@@Myeyeofthebeholder says the guy who randomly comments on others posts with hate and anger... Sure buddy.. You definitely sound like you've had the booster too.
This would be me as an attorney,
trying too hard for my clients, and mess things up for them by accident.
If you want defense to actually work; you don't sanction defense attourneys for anything remotely plausible.
3:42...the way she sighed as she puts her hands on her hips as if she thinks this is about to be a thing 😅
The judge commuting the crime and council it the lawyer on being careful is a joke . 😂
Dude looks just like Peewee Herman, but has mood swings, throws temper tantrums and dishes out heavily, while he needs others to be walking on eggshells around him, as to not upset his fragile ego.. Just like the Donald.
I'm literally, in expectation of yet another rant or scolding, tensing up like crazy whenever he start speaking.. and I'm truly not someone who cowers in fear of someone shouting, but historically judges have the longer breath, no matter if they're of the kind that kept Trump out of jail or the older guy who's also going viral for his kind and helping way of treating all the people who had to take a day off to go to court, ergo him, for the most laughable and of offenses, but in return he doesn't have two faces, even with serious offenders, he maintains a very respectful.
At least he never urged any attorneys to guess what he would be doing in specific, very narrow situations, requiring an intimate knowledge of the judges personality and job.. 🤦🏼♂️
The guy is literally the perfect amalgamation of everything that is weird, megalomaniacal and wrong with Texas.. 👀
Illegal alien has an excellent attorney, my advice is don’t put the cart before the horse!
Feldman is going to get himself disbarred
He was deported once already soooooo why is he even here?!?!?
He seems to be trying to use this court as a means to a loophole to his ICE detainment.
EDIT: That's becoming more and more apparent as we go along.
As trump says, if there is a loophole .... Who are we to fault him for taking advantage of it.
Noah is overthinking this one. Almost trying to make up loopholes ! Watch it/ be careful Sir.
Judge is going to do it the way he wants to do it. And the way they have always done it. And follow the law when we want to. What a joke! Transparency at its finest.
Holycrap. The defense attorney doesn't seem to bright.
Went over your head, huh?
I always find it crazy in cases like this where it's argued that everyone else should follow the law and let this person continue breaking the law.
Shouldn't every state in the US work with Homeland Security?? Bare fee on broken glass young man.... Love this Judge & his ties!
They keep talking about recovering a body?!? WHAT ARE THEY TALKING ABOUT??? I'M CONFUSED
Sure was a lot hand wringing for a misdemeanor 😂
This has to have a follow up please
It's going to be a LONG time before this defense attorney is extended any courtesy or favours by this court. He tried to overplay his hand and got caught. Nobody's going to trust him now.
You have a complete misunderstanding of what took place in the video.
@@timothyboone5003 could be.