Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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San Jose California Criminal Defense And Immigration Law Blog

Defenses to drunk driving used in San Jose

Being charged with driving under the influence (DUI) in California can be worrisome. You likely don't know what will happen next, especially if this is the first time you've been in such a situation. There's a chance you could lose your license. There's a chance you could face hefty fines. There's also a chance you could face time in jail. To avoid these sentences, you need to use the following defenses to DUI in San Jose.

Mistake of fact

Bay Area linebackers accused of domestic violence

San Jose pro football fans split their loyalties in different directions. On one side of the Bay are the San Francisco 49ers and on the other side are the Oakland Raiders. On both sides there is a heralded linebacker facing charges of domestic violence.

The 49ers' Reuben Foster was arrested in February and charged with domestic violence, making threats and possession of an assault weapon. Across the Bay, the Raiders released linebacker Aldon Smith after he was allegedly involved in a domestic violence incident.

Can you renew a green card after an arrest?

In 2010 the US Supreme Court ruled that defendants in criminal cases must be advised of the immigration consequences before pleading guilty in criminal court. If you are thinking about renewing your green card after being arrested, know that U.S. Citizenship and Immigration Services, or USCIS, will examine your permanent resident record. Any legal mistakes you may have made will be discovered and evaluated.

Replacing a permanent resident card

Criminal offenses do not always trigger automatic inadmissibility or deportation for an immigrant. When renewing or replacing a green card, these crimes will be revealed to USCIS. When a permanent resident files Form I-90, which is called the Application to Replace Permanent Resident Card form, the applicant must pay for and submit to a criminal background check.

What you need to know about probable cause and DUI stops

You had a couple drinks with your friends, but you think you're good to drive. As you are driving home, however, you get pulled over by a police officer. Just your luck.

You are sure you were driving safely, why did they pull you over? Does this mean you will be arrested? Whether or not you are taken to jail depends on if the officer has probable cause to believe you were driving under the influence of alcohol. But what does probable cause mean?

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Law Office ofRonald A. Cabanayan

12 S. 1st Street
Suite 711
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
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