San Jose California Criminal Defense And Immigration Law Blog

How can you abandon your permanent resident status?

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Tuesday, November 13, 2018.

Despite the title, becoming a permanent resident does not mean you have that status for life in all cases. There are things you can do to void it or have it taken away. One thing to note is that certain actions may cause you to abandon your status, according to U.S. Citizenship and Immigration Services.

While abandonment is usually done intentionally, it is still wise to know how it occurs if you want to keep your status. Here are the ways that it typically happens:

You decide to live in another country on a permanent basis, and you physically relocate there with that intent.
You file your tax returns in the United States and claim to be a "nonimmigrant."
You leave the United States for any amount of time and, while living there, you do not file your income taxes.
You leave the country "for an extended period of time." The only way around this is if you did intend the move to be temporary.

Are you worried a DUI will affect your path to citizenship?

On behalf of Law Office of Ronald A. Cabanayan on Saturday, November 10, 2018.

As someone who moved to California from another country, you have likely experienced a considerable number of changes in your life. With those changes may have come a great deal of stress, and over the years, you have done your best to handle the stress as best as possible. After all, you want to become a citizen of the United States one day.

However, your stress levels may have reached a new high because police stopped your vehicle and accused you of drunk driving. You may have felt immensely caught off guard by this accusation, and because of your limited knowledge of laws and police procedures, you may not have even known if police were treating you properly. Now, you worry that you will face a DUI conviction and lose your ability to become a citizen.

Can you get a drunk driving charge the morning after you drink?

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Friday, November 2, 2018.

You go out to a birthday party for one of your friends. You know that you have consumed too many drinks to drive, so you take a cab home that night. It's late and you have work the next morning, so you set your alarm. When it goes off, you quickly get up, jump in your own car and head to the office.

Is it still possible for you to be charged with driving under the influence, or DUI? Absolutely, if you have not stopped drinking long enough for the alcohol to completely make it through your system!

Why did your teenager break the law?

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, October 19, 2018.

You get the call from the police, telling you that your teen got arrested. The first thing you think is simple: Why would they do this? Why would your child get into this type of legal trouble?

There are many potential reasons. One of the main ones is a lack of life experience. Teens have not seen enough or done enough to always make wise decisions. While the long-term ramifications appear obvious to you, your child may honestly have not thought about it or not understood it at all.

Do you have to tell a prospective employer you got arrested?

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, October 5, 2018.

You have heard people say that it is hard to get a job with a criminal record. As soon as you get arrested, you start worrying. Have you already derailed any future career possibilities? Do you have to tell your prospective employers what happened?

Not yet. Under Section 432.7 of the California Labor Code, employers are barred from asking potential employees if they have been detained or arrested, unless it led to a conviction.

Where do immigrants come from?

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Friday, September 21, 2018.

Immigration is clearly a cornerstone of American life, something that has built the country since it was founded. Exactly where those immigrants come from, however, has changed drastically over the years. Where do they come from in the modern era?

Statistics show that the majority of immigrants come from Mexico, the United States' closest neighbor to the south. That is largely unchanged over time. Mexico ranked No. 1 in immigration in 1990 and still ranked No. 1 in 2017.

Understanding the consequences of refusing consent after DUI

On behalf of Law Office of Ronald A. Cabanayan on Wednesday, September 12, 2018.

After a night out, you may think nothing of driving yourself home. Whether you have had only a couple beers or you are certain you should not be behind the wheel, when a police car pulls up behind you, it is not a pleasant moment.

Police receive intense training for recognizing when a driver has consumed alcohol, but this is only the beginning of the evidence an officer may collect to use against you when your DUI charges go to court. You may feel your best course of action is to refuse to participate in roadside sobriety tests including a breath test. However, are you certain you understand the consequences of taking such a stand?

Reviewing California's penalties for driving under the influence

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Friday, September 7, 2018.

When you get behind the wheel of your car, van or SUV, you are taking your life and the lives of countless others into your hands. You become responsible for any accident you cause. It becomes an even more bothersome situation if you drive while under the influence (DUI) of alcohol or drugs in California. Let's review the penalties the state has in place for DUI in today's post.

If you are charged with DUI for the first time in California, you will be subjected to the following penalties:

Driver's license suspended immediately for four months
No more than $1,000 in fines
No more than six months in jail
License reissue fee of $125
Ignition interlock device installed in your vehicle
Enrollment and required completion of a DUI program

Explaining the long-term consequences of committing a crime

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, August 24, 2018.

There will come a time in your life when you will make a mistake. The severity of that mistake is what will determine what happens with the rest of your life. If the mistake is the commission of a crime, you could be dealing with some long-term consequences. Being charged and convicted of a crime in San Jose can lead to a difficult road ahead.

Having a criminal conviction on your record will affect your life in quite a few different ways. For starters, it will appear on any type of background check you submit to for employment, school, volunteer opportunities or internships.

What tests are used to determine sobriety?

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Wednesday, August 8, 2018.

When you see the red and blue lights behind you in San Jose, your thoughts start immediately racing. What did I do wrong? Was I speeding? Is my registration expired? These are all valid thoughts. However, what if you are being pulled over for suspicion of driving under the influence? Let's take a look at the tests used in the field to determine sobriety.

The most common test is known as the walk and turn. This test requires the subject to walk nine steps heel-to-toe along a straight line. They must then turn, using only one of their feet, and then walk back to the officer using the same instructions. This is an easy test to pass for someone who is not impaired.