San Jose California Criminal Defense And Immigration Law Blog

You can get a DUI if you're sleeping in your car

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Friday, January 11, 2019.

You think you're fine to drive and you walk to your car, which is parked down the street. When you sit down in the front seat, though, you realize that you're definitely impaired. Not wanting to get a DUI or get into an accident, you put the seat back and go to sleep.

It sounds like you did the right thing, but you can still get a DUI. If the police think you were recently driving or intending to drive, they can still arrest you. It works this way to keep people from pulling off of the road and pretending to sleep to get out of charges. So, if an officer knocks on the window and wakes you up, you could be in legal trouble.

Nuevas Leyes que se aplicarán en CA desde enero del 2019

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, January 11, 2019.

El ex gobernador de California, Jerry Brown, dejó su cargo el pasado lunes 7 de enero del 2019; después de haber firmado un poco más de 1000 leyes en su último año en la cabeza de la gubernatura.

Algunas de las nuevas leyes, específicamente, son en el ámbito de Ley Criminal y Seguridad Pública; las cuales comenzaron a regir desde el 1 de enero. A continuación, enumeramos las más importantes para tomar en consideración en este nuevo año 2019.

What is an aggravated DUI?

On behalf of Law Office of Ronald A. Cabanayan on Wednesday, January 2, 2019.

The holidays are now in the past, but you may have many memories to carry you through the rest of the year. Perhaps you reunited with old friends, created some new traditions or received an unexpected gift that meant a lot to you. On the other hand, you may have memories you would rather forget.

If your festivities resulted in a drunk driving arrest, you likely have many concerns about how this incident will affect your future. Even if this is your first and only DUI, you will likely have consequences to face if you accept a plea or a court convicts you. However, if the arrest included aggravating factors, you may have more serious issues to worry about.

3 reasons eyewitnesses are wrong

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Thursday, December 27, 2018.

With the rise of DNA evidence, we now know more than ever about how often eyewitnesses make mistakes. It's staggering. A lot of people go to jail because a confident eyewitness makes a mistake in court and picks out the wrong person.

Why does this happen? While every case is unique, here are three common reasons:

Why do prosecutors take plea bargains?

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Tuesday, December 11, 2018.

Plea bargains are an interesting part of the justice system in the United States. Typically, it means that you're offered a lesser charge if you decide you will plead guilty to that charge. For instance, you may have been accused of murder, but you could get manslaughter in exchange for a guilty plea.

The courts like these because they simply have so many cases to work through. A plea bargain is fast and simple, and it takes one case out of the mix.

As immigrants attempt to cross border, officials shoot tear gas

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Friday, November 30, 2018.

A group of people tried to cross the border in San Diego, at one of the largest ports of entry in the United States, and that prompted authorities to turn them back with tear gas and pepper spray.

The incident happened at the San Ysidro Port, which was then closed down for a few hours afterward. According to reports, about 500 people tried to go around the official buildings and police blockades, simply running for the border. That's when the authorities stepped up their efforts to turn them back -- though some of those trying to cross were young children.

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.