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

Tips to help you through a student visa interview

If you're trying to enter the United States on a student visa, you may be dreading the interview process. You know how important it is. You feel like your entire future hangs in the balance. How can you possibly do well under that type of pressure?

First, it's important to relax and remember that thousands of people go through this interview process. It's not as daunting or impossible as it feels. You can do very well on it if you prepare in advance.

Potential reduction in DUI limit draws criticism

There is a bill out there proposing that the blood alcohol concentration (BAC) limit in California should be lowered from the .08 percent that all states use to .05 percent. That would make it the strictest law in the country and would likely lead to a lot more DUI arrests.

But would it actually help keep people safe? A lot of criticism has been coming its way lately, saying there is essentially no reason for the change.

How does ICE treat pregnant immigrants during detention?

Coming to a new country can be distressing enough, but if you are pregnant, your concerns are not only for yourself, but for your unborn child as well. In the past, U.S. Immigration and Customs Enforcement, or ICE as you probably know it, used to release pregnant immigrants, but that policy changed in the recent past.

Now, you could face remaining in a detention facility regardless of your pregnancy. This could dramatically increase your stress, which could put your life and the life of your unborn child in jeopardy. This article looks at what ICE says about the treatment you could receive while in a detention facility.

6 things to remember when speaking with a police officer

A police officer shows up at your door and asks to talk to you. An officer pulls you over on the way home from work and walks up to the window. An officer gets your attention on the street and asks if they can talk to you for a second.

These are just a few examples of potential encounters with the police. You may feel nervous and not know what you're supposed to do, especially if this has never happened before. To help you, here are six important things to remember:

  1. You don't have to talk. You do always have a right to remain silent.
  2. What you say matters. It can all come back to haunt you in court if you get arrested. Choose your words carefully.
  3. In most cases, police cannot search you or your home without a warrant. There are rare exceptions, such as if they think a crime is actively in process, but they generally need a warrant first.
  4. You can ask to see this warrant. Do not just take their word for it if they claim that they have one.
  5. They must tell you if you're free to go. This is especially important on the street. You can always ask if you're being arrested or not.
  6. You should never obstruct what the police are doing or try to interfere with the process. That alone can be a criminal offense. Even if they didn't have a reason to arrest you before that, you could accidentally give them one.

United States drops to third in refugee totals for first time

Since the beginning of the United Nations refugee program, the United States has always brought in the most refugees -- often by a wide margin. However, recent reports show that 2018 was the first year in history that it fell behind, dropping lower than both Canada and the European Union.

In 2018, the U.S. brought in just over 20,000 refugees. Both Canada and the E.U. brought in almost 30,000.

New California law expands ignition interlock devices

As of Jan. 1, Californians who are convicted of drunk driving have a greater chance of being required to get an ignition interlock device (IID) installed in their car(s) if they want to drive again in the near future. The new law expands a pilot program that's been in place since 2010 in four counties: Alameda, Sacramento, Los Angeles and Tulare.

Most states have laws that require IIDs for at least some DUI offenders. Many (32) require them even for first DUI convictions. Here in California, people will be required to have an IID if their first DUI involved an injury to someone. A second DUI, with or without injuries, will result in an order for an IID.

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

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

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?

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

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:

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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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