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

Your green card and a felony

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

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

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.

Why should I hire a criminal defense attorney?

Being arrested and subsequently charged with a crime is a frightening experience. It doesn't matter how many times you've been arrested before, each time is different. You shouldn't wait to consult a criminal defense attorney until it is too late. Instead, you should hire a defense attorney as soon as possible after getting arrested. Here are some reasons why you should hire a defense attorney in San Jose.

One of the most important reasons to hire a criminal defense attorney is that you should never take your freedom for granted. Now is not the time to try your luck at defending yourself. An experienced attorney knows the laws and statutes in San Jose, has worked with the prosecutors on prior cases and knows the judges in the various courts.

Explaining the ignition interlock device

If you are facing charges of driving under the influence (DUI) in California and this is not your first offense, you might be issued an ignition interlock device. What is an ignition interlock device? Simply put, this is a device that is put into your vehicle and prevents it from starting if you have been drinking. This device works like a Breathalyzer test.

The person who has been assigned this device will be required to blow into it if he or she wants the vehicle to start. Some devices are pre-programmed to lock a vehicle's ignition if the person records a set level regarding his or her blood alcohol content (BAC). For some, if any alcohol is in a person's system, the ignition will lock. For others, it can be a specific BAC level.

Can I lose my status as a naturalized citizen?

You spent years working to become a U.S. citizen. After obtaining your green card, you fulfilled all the requirements to qualify for naturalization. You may have had to learn English and study for the civics test. Perhaps you took a class or worked with a coach to prepare for your interview. It is possible you spent time on more than one waiting list throughout the process.

Finally, you completed all your prerequisites and took your oath of allegiance. For many, this is one of the proudest days of their lives. Now you may call yourself a U.S. citizen, but is this a status that is yours forever? Is there any reason for which the government can revoke your hard-earned status?

Defenses to drunk driving used in San Jose

Being charged with driving under the influence (DUI) in California can be worrisome. You likely don't know what will happen next, especially if this is the first time you've been in such a situation. There's a chance you could lose your license. There's a chance you could face hefty fines. There's also a chance you could face time in jail. To avoid these sentences, you need to use the following defenses to DUI in San Jose.

Mistake of fact

Bay Area linebackers accused of domestic violence

San Jose pro football fans split their loyalties in different directions. On one side of the Bay are the San Francisco 49ers and on the other side are the Oakland Raiders. On both sides there is a heralded linebacker facing charges of domestic violence.

The 49ers' Reuben Foster was arrested in February and charged with domestic violence, making threats and possession of an assault weapon. Across the Bay, the Raiders released linebacker Aldon Smith after he was allegedly involved in a domestic violence incident.

Can you renew a green card after an arrest?

In 2010 the US Supreme Court ruled that defendants in criminal cases must be advised of the immigration consequences before pleading guilty in criminal court. If you are thinking about renewing your green card after being arrested, know that U.S. Citizenship and Immigration Services, or USCIS, will examine your permanent resident record. Any legal mistakes you may have made will be discovered and evaluated.

Replacing a permanent resident card

Criminal offenses do not always trigger automatic inadmissibility or deportation for an immigrant. When renewing or replacing a green card, these crimes will be revealed to USCIS. When a permanent resident files Form I-90, which is called the Application to Replace Permanent Resident Card form, the applicant must pay for and submit to a criminal background check.

What you need to know about probable cause and DUI stops

You had a couple drinks with your friends, but you think you're good to drive. As you are driving home, however, you get pulled over by a police officer. Just your luck.

You are sure you were driving safely, why did they pull you over? Does this mean you will be arrested? Whether or not you are taken to jail depends on if the officer has probable cause to believe you were driving under the influence of alcohol. But what does probable cause mean?

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Law Office ofRonald A. Cabanayan

12 S. 1st Street
Suite 711
San Jose, CA 95113

Phone: 408-758-5673
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