LOS ANGELES —
A federal judge dismissed criminal charges against a Los Angeles TikTok streamer, citing constitutional violations stemming from restricted access to legal counsel while in immigration detention.
- U.S. District Judge Fernando Olguin dismissed the indictment against Carlitos Ricardo Parias with prejudice, preventing refiling of the charges.
- The dismissal stemmed from repeated denials of access to Parias by his criminal defense lawyers while he was held in immigration detention.
- Federal authorities have indicated they are evaluating options for appeal.
A federal judge has dismissed a criminal case against Carlitos Ricardo Parias, a popular TikTok streamer in Los Angeles, after determining his constitutional rights were violated. U.S. District Judge Fernando Olguin issued the ruling Saturday, according to the Associated Press.
Olguin found that Parias’s rights were violated when federal authorities repeatedly failed to allow his criminal defense lawyers to visit or speak with him while he was in immigration detention, hindering his ability to prepare for trial. The dismissal was issued with prejudice, meaning the government cannot refile the same charges against him, the judge wrote.
“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 stated in the ruling.
The U.S. Attorney’s office in Los Angeles released a statement saying it is evaluating its options for appeal, and that it “strongly disagree[s] with the court’s version of the facts as well as its legal conclusions.”
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 attempted to arrest him on an immigration warrant, resulting in him being shot in the elbow, the Associated Press reported.
Parias was released on bond and subsequently taken to an immigration detention facility in Adelanto, California, where he remained as of Monday, according to government databases. The facility is run by The GEO Group and is located approximately 70 miles northeast of downtown Los Angeles.
U.S. authorities have stated that Parias is a Mexican citizen living in the country illegally. A message seeking comment was left for immigration attorney Carlos Jurado.
Parias is known for his Spanish-language videos posted on TikTok, where he has a combined following of over 340,000 across two accounts. His content documents police activity, car accidents, and fires, as well as everyday life in Los Angeles. More recently, his videos have focused on demonstrations against immigration enforcement and federal deportation arrests.
Why It Matters
This case highlights potential conflicts between criminal justice and immigration enforcement procedures, and the challenges defendants face when held in immigration detention while simultaneously facing criminal charges. The judge’s decision underscores the importance of ensuring access to legal counsel, a fundamental right guaranteed by the U.S. Constitution, even for individuals facing both criminal and immigration proceedings. The dismissal with prejudice prevents further prosecution, potentially setting a precedent for similar cases involving access to counsel in immigration detention.
