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

Useful topics new immigrants need to consider

If you're immigrating to the United States, it's likely going to be a big change for you and your family. This can be a positive change in many ways, of course, but it can also feel a bit overwhelming. You may not even be sure what you need to know, and you certainly will not have all of the answers yet.

To help you get started, here are a few topics that you may want to dig into a bit deeper, per the U.S. Citizenship and Immigration Services (USCIS):

  • Locating housing for your family
  • Learning more about the local area and the community
  • Finding a job
  • Getting a driver's license
  • Getting your Social Security number and card
  • Finding health care facilities
  • Putting your children into a local school
  • Registering for English classes
  • Considering other adult education classes
  • Learning what you need to do in the event of an emergency
  • Looking for community organizations that have been specially designed to help you and other immigrants in the area

Understanding the different types of criminal warrants

If you find yourself involved in a criminal case, an arrest or any other part of this process, it may all be brand new to you. You have no experience, it feels overwhelming and somewhat foreign, and it's hard for you to navigate this entire process on your own.

One thing that can help is breaking down different parts of the process and examining how they work. For now, let's take a look at some of the main types of warrants that could see use in your case.

When do you get your license back after a DUI?

If you are convicted of DUI, you're going to lose your license. In fact, the officer will probably confiscate it when you are arrested. When do you get it back?

First of all, you may not be guilty of DUI. That's why it's a bit problematic that they can take your license during an arrest. If you never get convicted, you still go through the inconvenience of not having a license for at least a short time. Law enforcement will return it to you once your case is finished and they find that there's no reason to issue an official suspension.

Should you affirm you were drinking as part of your DUI defense?

When most people are pulled over by a police officer, they tend to worry immediately. Even if the officer just issues a ticket, it could mean fines or other penalties, which are annoying in the least. Of course, an officer could also suspect that you are driving under the influence of alcohol, and your situation could become more complicated.

Facing a DUI charge can also come with penalties that you undoubtedly want to avoid. Fortunately, if an officer takes you into custody and formal charges result, you have the right to create and present a criminal defense to the allegations.

How long can you stay on a student visa?

You were not sure if you wanted to immigrate to the United States, but you got into a good college. You applied for a student visa and decided you'd make up your mind when the program ended. It would give you a chance to find out more about the realities of living in the country and make an educated decision.

Now your program is done, and you do want to stay. Can you just start putting down roots? You're already in the United States, after all. Why not just begin your career and move forward with your life?

Do you have to let the police inside your home?

All of your life, you have respected the police. You know they are in a position of authority. You are polite to them when you encounter them. You don't go out of your way to cause trouble.

However, you start to reconsider your position when an officer shows up at your house, knocks on the door, and asks if he can come in and take a look around. Do you have to let the police in? Should you?

Can a 0.07% get you a DUI?

Drunk driving, you've always heard, happens when you go over a blood alcohol concentration of 0.08%. That's the legal limit. If you drink more than that and drive, you're breaking the law.

This is not entirely accurate. Yes, exceeding 0.08% and driving is illegal. However, what the law really prohibits is impaired driving. You can be impaired when you're under 0.08%. If you blow a 0.07%, you could get a DUI.

Did police have a legal reason to stop you for DUI?

Police officers know they must have a good reason for pulling you over. This reason is known as "reasonable suspicion." If a California officer stops you and arrests you on suspicion of a drunk driving offense, the original stop probably occurred because the officer witnessed you doing something that indicated you were not in control of the vehicle or that violated traffic laws.

In other words, unless they are conducting a sobriety checkpoint, police cannot randomly pull people over to see if they have been drinking. This is important to know because without a valid legal reason for initiating a traffic stop, everything that happens during the stop comes into question. In fact, it is not unusual for a judge to throw out a DUI charge when the arresting officer did not have a reasonable suspicion that you were breaking the law.

California moves closer to new health care immigration laws

The health care options for immigrants in California, even those who are not yet documented, could be changing in the near future. The state is moving closer to a new budget agreement that would provide care for immigrants under the Medicaid program already in place in the state.

It would not give these options to everyone. They would have to be from 19 years old to 25 years old, for instance. They would also have to have an income level low enough for them to qualify. This would help those who would struggle the most to get the care they need since it would prove unaffordable.

6 rights that you have in court

You get arrested and you're facing some serious charges. It's going to go to trial, where a jury will decide your fate.

It is very important to understand all of your legal rights at a time like this when the outcome of the case could drastically alter the course of your life. To help you get started, here are six rights you have:

  1. The right to confront those who have accused you of a crime.
  2. The right to remain silent.
  3. The right not to be forced to testify in a way that incriminates yourself.
  4. The right to legal counsel so that you don't have to go through the case on your own.
  5. The right to have your trial carried out in front of a jury, rather than just allowing a judge to decide what should happen.
  6. The right to a jury that fairly reflects the community. For instance, you should not have jurors that are all the same race (in most cases) or the same gender.
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Law Office ofRonald A. Cabanayan

31 N. 2nd Street
Suite 321
San Jose, CA 95113

Phone: 408-758-5673
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