Briant ReyesEstrada pleaded not guilty on Wednesday to second-degree murder and child abuse.
He’s accused of leaving his son in a hot car while he went to work at the Paso Robles Inn. Also on Wednesday, it was revealed that ReyesEstrada is in the country illegally.
KSBY spoke with an immigration attorney about how this may impact proceedings.
Ally Bolour is an immigration attorney with Bolour/Carl Immigration Group. He's been practicing immigration law since 1996, and says it won't have an impact on the case itself.
"If someone is undocumented, they go through the criminal process with the same due process protection that the Constitution and both state and federal laws allow," Bolour said.
WATCH: "I'm angry." SLO County DA reacts to hot car death case
While the trial itself will largely not be impacted, Bolour says if a guilty verdict is reached, that's when things may change.
"The individual would serve his time in state facilities, and before the time for his release, ICE or Immigration Customs Enforcement will put a detainer on him," Bolour explained. "Basically, they will put a hold on him so the local prison won't release him until ICE comes to take him. They typically have 48 hours to do this, to come pick the individual up, and then once they pick him up and put him in their facility, they would likely initiate removal proceedings."
He adds that, if convicted, the likelihood of ReyesEstrada being released without ICE intervention is low.
