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Hold (for a person in a legal proceeding)

Discussion in 'Legal Terminology' started by iheartL&O, Feb 25, 2013.

  1. iheartL&O

    iheartL&O Senior Member

    Dominican Republic
    American English
    Hello my fellow translators,

    I'm not sure if this should be in the legal forum. The context is a prosecutor is checking up on a an accused in order to decide if its ok to make a plea bargain and she calls the jail to see if there are any holds on him. I believe she's referring to any notes in his record that say he must be prosecuted or if he's on probation or something.

    How could I say that in Spanish? un paro? una retención?

    Thank you very much for your help
     
  2. LisaPaloma Senior Member

    El Salvador
    Am English - NC
    I can't help with the legal translation (although "paro" sounds wrong to me) but I can give some background on what a "hold" is. From my limited experience, it refers to a legal restriction on allowing someone to leave custody, usually because the Immigration Service does not want the accused to be released (i.e., he/she is in deportation proceedings or has been ordered deported). Therefore, the law enforcement agency cannot release the person, regardless of the outcome of their case against the accused.
     
  3. iheartL&O

    iheartL&O Senior Member

    Dominican Republic
    American English
    Hmmm... yes that sounds right especially because the jail clerk tells her he has no outstanding warrants, so in other words nothing nothing stood out in his record. Now for a Spanish equivalent ...?
     
  4. IBR Senior Member

    Mexicali, B.C., México
    México Lindo y Querido - Español
    ...y llama al oficial en turno para revisar si el acusado no tiene otras ofensas por pagar... Por ofensas se entiende multas, y toda clase de asuntos judiciales pendientes.

    Estoy seguro que podras modificarlo y usarlo en tu traducción después de adecuarlo para que suene natural.

    Saludos
     
  5. iheartL&O

    iheartL&O Senior Member

    Dominican Republic
    American English
    Gracias IBR, me encantó tu sugerencia.
     
  6. k2bdx Senior Member

    California
    English - USA
    Aquí en California se usa "orden de retención" for an immigration hold. Otras clases de "holds" pueden ser por alguna orden de arresto proveniente de otra jurisdicción.
    Por eso, la traducción no es "palabra por palabra".
     
  7. iheartL&O

    iheartL&O Senior Member

    Dominican Republic
    American English
    ofensas u ordenes pendientes = holds
     
  8. k2bdx Senior Member

    California
    English - USA
    En cuestiones de ICE, "hold" significa que ICE está interesada en la persona - no significa que tenga ningún caso penal ("ofensa") pendiente,
    tampoco ninguna orden judicial. Es un término relativamente nuevo, así que hay que interpretar su significado conforme con el contexto del individuo
    con el "hold".
     
  9. iheartL&O

    iheartL&O Senior Member

    Dominican Republic
    American English
    En mi caso no tiene que ver con imigración. Se trata de un americano en US.
     
  10. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    No. It doesn't have anything to do with immigration. It has to do with whether to keep the person in jail. A "hold" is an order not to release the person from jail. It's usually for a short time, and it's usually issued by a different police or sheriff's department. Maybe another state issued it.

    So if a prisoner in Oregon can post bail and be released, the clerk will check for any holds. If, say, California, found out the prisoner is in jail, and they suspect him of a crime, they may issue a "hold" that requires Oregon to keep him in jail, even though he meets all of Oregon's requirements to be released.

    Hope that helps.
     
  11. LisaPaloma Senior Member

    El Salvador
    Am English - NC
    That was what I surmised (as I pointed out), based on my experience with immigration. Sometimes ICE will put a hold on someone who could otherwise be released so that they can proceed against that person after the police/sheriff's department's business with him/her has been taken care of. I can't imagine that they've stopped issuing holds since I've been away from that field. Unless, of course, by "it has nothing to do with immigration" you're referring to the fact that the subject is a U.S. citizen. I gave the immigration example before learning that fact.
     

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