Mr. Perez’s Testimony

Interviewed By: Diana Gallegos

Thanks for sharing your story with us Mr. Perez. So, tell us how and why did you get arrested?

I was on my way to work; I was driving my truck which was loaded with construction supplies. Since it was going to be a long ride, I put my truck on cruise control. After a few minutes of doing that I was pulled over for going 68 MPH on a 65MPH road. The officer asked for my identification and proof of insurance. He went to his police car and when he came back, he gave me my insurance card back, tapped my truck and said, “Ok Buddy see you later”. I then started driving again when I noticed he did not give me my identification back, so I pulled over on the side of the road. Before I knew it, he was behind me once again with his lights on. He approached my vehicle in a very aggressive manner, pointed a gun at me and stated yelling. He asked why I had run away from him. I explained that I was not trying to run away, I understood that I was free to go when he said, “see you later”. However, his attitude towards me completely changed. He immediately called for back up and threw me on the floor and stated that I was getting arrested for evading arrest. That I should have known better then to leave without my identification. I was arrested and taken into custody to Montgomery’s County Jail.

Mr. Perez- How long were you in county jail? What can you tell us about the facility?

I was detained for eight months. The facility was not clean, the inmates must clean it.  I also experienced and witnessed discrimination against the Hispanic and black community. You must work to get essential things like toilet paper. The officers there will not provide the inmates any toilet paper unless they sweep and mop the floors.

You mentioned you experienced and witnessed discrimination at the county jail.  Can you explain in detail what you saw?

In one occasion me and other inmates were listening to the Spanish radio, when the officers in charge got upset and told us we were not allowed to listen to anything in Spanish, that we needed to speak English and listen to English music only.

The people who are in jail and do not have a legal status have to serve a full term, and those who are US citizens are treated different. For example, for them one day in jail counts for two, and sometimes even 3.

Mr. Perez do you have any positive comments about the county jail?

Yes, I can say that the food was not to bad, and they do allow you to go outside for recreation time. I volunteered to work in the kitchen and that came with a few benefits, like extra snacks, and more recreation time.

We have covered your experience in the county jail.  Now tell us about your experience at court. What made you plead guilty to a crime you did not commit?

I was assigned a public defender, and he made me feel like I had no other choice but to plea guilty. I was told that if I did not sign the plea agreement and went to trial, I would spend 2-10 years in jail. The plea deal specified that all the dash camera footage and evidence would be destroyed. I could not afford to hire a lawyer to defend me properly, but I also did not want to spend any more time in jail, so I signed the plea deal. One of the public defenders told me that they are told to not take any pro bono case to trial.

What would you recommend to anyone who gets arrested?

I would recommend them to hire their own attorney, because a public defender will not fight for them. Instead they will coerce them to plead guilty.  

Let us talk about your experience at the ICE Detention Center. We often see news reports on how many detainees are mistreated.  Can you tell us about your experience at the ICE Facility.

My experience at the detention center was so much different than the county jail. At the county jail I was sharing a cell with all kinds of people, some were being charged with serious crimes such as murder. At the ICE detention center everyone is separated by colors.

Blue Uniform: The individual does not have a criminal record.

Orange: The individual has a moderate criminal record and they are not considered dangerous.

Red: The individual has a serious criminal history and are considered dangerous.

White: The individual is considered very dangerous.

So, I was given a blue uniform and shared a cell and the patio with people who were not considered a danger to the rest. I felt safe knowing I was not going to be around someone who could potentially harm me.

Most of the officers were young females and they treated us with respect. I did not feel discriminated there. Due to COVID19 we were not allowed to have family members visit us so instead they gave us free minutes on the phone which allowed me to talk to my family.

We were provided with disinfectant spray and cleaning materials to keep our cell safe and clean. There were a few detainee’s who had the COVID19 so we were also provided mask. I was separated along with eleven other people to a different room to quarantine.  

There were a few issues like not having our blankets and uniforms washed as often as they should be, but aside from that my experience there was not as bad as people might think. I would have much rather spent eight months detained at the ICE Detention Center than the Montgomery County Jail.

We know that your wife hired Jovel Martinez Law to represent you before the immigration judge. Tell us how Ms. Martinez assisted you? Were you satisfied with her representation?

I am more than grateful for Ms. Martinez’s assistance. My wife hired her services on August 19, 2020 an that same day she went to the detention facility to visit me. We talked about my situation and she advised me how we would proceed in my case. Ms. Martinez prepared me for my bond hearing and prepared all the documentation. She was in constant communication with my family and stayed on top of my case. By August 25, 2020, a motion for bond was filed and just six days later we appeared before the immigration judge, who granted my release. I was impressed by the way she defended me before the immigration judge and government attorney. She was passionate and aggressive in court. After my release, attorney Martinez invited my wife and I for coffee at her office so we could meet her legal team. She treated us like family and made us feel at home.

So, what’s next now that you are free?

I will continue working and taking care of my family. Although I was released from ICE, I still have present my case before the immigration court, but I feel confident knowing Ms. Martinez will be representing me.