San Jose California Criminal Defense And Immigration Law Blog

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.

Information on the student visa available in California

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Friday, July 27, 2018.

If you are interested in coming to the United States to study, you need to know all about the student visa available. The more you know ahead of time, the less likely it is that your application gets denied the first time you submit it. Let's look at some important information about the student visa that is available for those looking to study in California.

In order to apply for a student visa, you will need to complete the application online. You need to fill out Form DS-160. You are required to print the confirmation page that appears once the application is complete. You need to bring this piece of paper with you to the interview.

Were mistakes made during your DUI arrest and processing?

On behalf of Law Office of Ronald A. Cabanayan on Thursday, July 19, 2018.

When you got pulled over by a police officer, your mind may have flashed to the couple of drinks you had at dinner. You certainly felt well enough to drive and do not believe that you drank enough to become intoxicated. Of course, only the interaction with the officer would tell whether you ended up facing a charge for DUI.

Unfortunately, luck did not swing in your favor, and for whatever reasons, the officer considered you intoxicated. As a result, he or she took you into custody for drinking and driving. For a moment, you may have felt as if your life was over. Fortunately, it is far from over, and you have the right to present a criminal defense against the allegations in hopes of obtaining a favorable outcome.

California looks to toughen criminal stance

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, July 13, 2018.

It could get a whole lot rougher, really soon, on people convicted of crimes in California.

An initiative started by a victim's advocacy group in the state has put new measures on the ballot for voting in 2020. The new measures would expand penalties and law enforcement's reach in general.

The consequences of a San Jose DUI conviction

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Friday, June 29, 2018.

Driving under the influence in San Jose is a serious offense that can cause a lot of issues in your life. Even if this is your first DUI conviction, you can still be faced with a ton of consequences that can change how you operate on a daily basis. Here are the consequences you might face with a DUI conviction in San Jose.

Even an initial DUI conviction can lead to the suspension or revocation of your driver's license in San Jose. This means you will be unable to transport yourself to work, school or doctor appointments. You will need to rely on friends, family and public transportation to get where you need to go until your license is reinstated. Never operate a vehicle on a suspended license.

How do I become a dual citizen?

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Thursday, June 14, 2018.

Becoming a citizen of the United States is a goal for thousands of people each year. Then there are those who want to become dual citizens. This is when someone holds citizenship in both the United States and another country. This is not an impossible goal to achieve, but it is also not easy to do in San Jose, California. So, how do you become a dual citizen?

One way to obtain dual citizenship is through birth. For those who are born in the United States to parents who are citizens of another country, you automatically obtain dual citizenship upon birth. This is a right that cannot be denied since you have what is called the basis of right of blood.

The Fourth Amendment and warrants

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Monday, June 4, 2018.

The Fourth Amendment of the United States Constitution protects the people of the country against unlawful search and seizure. It goes as far as saying that no warrant shall be issued unless there is probable cause. So, what exactly is a warrant? A warrant is a legal document that is written by a court that gives authorization to a police officer to conduct a seizure, a search, or an arrest in California.

In order for a search warrant to be valid it needs to be accompanied by a sworn statement from an officer of the law. The sworn statement must be made in front of a judge or magistrate. The statement made by the officer must provide evidence or facts that there is probable cause that either a crime has been committed or that one will be committed.

Your green card and a felony

On behalf of Law Office of Ronald A. Cabanayan on Thursday, May 24, 2018.

If you are currently in the United States as a permanent resident, you understand that there are limitations to your status. While you have many rights and privileges, such as seeking employment and owning property, you do not have immunity from deportation if you fail to abide by the laws of California and the federal government.

Of course, it is best to avoid any criminal activity, whether you have a visa, green card or naturalization certificate. Certain offenses place your status at risk. Not only do you face the civil penalties if you are convicted for these crimes, but you may be at risk for immigration penalties as well.

Taking a look at a drunk driving checkpoint in San Jose

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Friday, May 18, 2018.

You've likely seen them before: the drunk driving checkpoints set up by law enforcement officials throughout San Jose and the rest of California. These checkpoints are designed to find drunk drivers and impaired drivers by forcing them to speak with officers. Let's take a look at the DUI checkpoint and what you can expect if you are ever stuck in one after a night out on the town.

For starters, the officer will request some documents when they approach your vehicle. You will need to provide officers with your driver's license, your auto insurance and the registration for the vehicle. Be prepared to face fines if any of these documents are expired or if you cannot produce them.

No fight from Paso Robles regarding sanctuary state law

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Thursday, May 3, 2018.

Paso Robles officials have made it known that the city will not fight the sanctuary state law in California, according to a recent news report. The city council voted unanimously not to fight the law, which is known as the California Values Act or Senate Bill 54 on Tuesday night. The council listened to dozens of residents express their opinions of the law and immigration as a whole before placing their vote on the matter.

The law in question was approved back in 2017 and it prevents police departments and sheriff's offices from enforcing any statutes surrounding immigration at the federal level. The crowd that attended the city council meeting was standing room only, with dozens of people standing in the lobby of the building with an additional speaker due to the overflow.