Professional Responsibility & Legal Ethics

Professional Responsibility & Legal Ethics

State Prosecutor Seeking Order for Arrest for Failure to Appear When Defendant is Detained by ICE [2013 Formal Ethics Opinion 6]

When a defendant in a criminal case misses court due to being in the custody of the United States Immigration and Customs Enforcement, it is not an ethics violation for the prosecutor in the case to seek an order for arrest even though the defendant’s failure to appear was not willful.

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