"Parias' rights were violated when federal authorities repeatedly failed to allow his criminal defense lawyers to visit or speak with him in immigration detention so he could prepare for trial this week, Olguin wrote, adding that the dismissal was with prejudice, which prevents the government from refiling the same charges against him again. "In short, the government's failure to coordinate the overlapping actions of its separate agencies while relentlessly pursuing Mr. Parias's criminal proceedings created a situation from which constitutional violations could - and did - occur," Olguin wrote."
"The U.S. Attorney's office in Los Angeles said in a statement that the agency is evaluating its options for appeal. 'We strongly disagree with the court's version of the facts as well as its legal conclusions,' the statement said. Parias was indicted last month and pleaded not guilty to charges of assault on a federal officer using a deadly or dangerous weapon and depredation of government property. The charges stemmed from an October incident in which federal authorities said Parias rammed his vehicle into theirs while they tried to arrest him on an immigration warrant and shot him in the elbow."
A federal court dismissed the indictment against Carlitos Ricardo Parias with prejudice, preventing refiling of the same charges. The court found that federal authorities repeatedly denied his criminal defense lawyers access to him in immigration detention, obstructing trial preparation. The court concluded that lack of coordination among separate agencies pursuing parallel immigration and criminal actions created conditions leading to constitutional violations. Parias had been indicted on charges of assault on a federal officer with a deadly or dangerous weapon and depredation of government property stemming from an October incident in which authorities said he rammed their vehicle and was shot in the elbow. The U.S. Attorney's office said it disagrees and is evaluating appeal options.
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