San Jose California Criminal Defense And Immigration Law Blog

How many immigrants live in California?

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Thursday, May 16, 2019.

The United States, as we know it today, was founded on immigration. Over the course of the country's history, the vast majority of its population slowly immigrated from other countries.

Of course, with that movement starting hundreds of years ago, you now have a population made up largely of native-born people, even if their ancestors were immigrants. That said, immigration continues to play a big role in the country's development. Have you ever wondered how many immigrants there are in California alone?

Striking statistics about false confessions

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, May 3, 2019.

False confessions put people in jail all the time. While they're often hard for outsiders to understand, they're also far more common than most people realize.

One reason is that people often trust that they're innocent, so they see no problem with talking to the police. "Why not talk? I haven't done anything," they say. "I have nothing to hide. What could possibly go wrong?"

Posting bail after a DUI arrest

On behalf of Law Office of Ronald A. Cabanayan on Wednesday, April 24, 2019.

When driving, few events may be more nerve-wracking than having a police officer pull up behind you and turn on the flashing blue lights. While many traffic stops simply result in warnings or citations, it is possible that an officer could take you into custody if he or she believes that you are driving under the influence.

Understandably, you may begin to panic if an officer places you under arrest, but it may help you to remember that you have rights and legal options. Because you will likely worry about spending time in jail, you may wonder whether you will have the opportunity to post bail.

Memory changes all the time

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Wednesday, April 17, 2019.

We think that our memories are static. Once we make a memory, it stays that way for life. It accurately portrays what happened at that time.

However, experts say that this is not really true. Memories change all the time. Some experts even claim they can change slightly every time that you think of them. You are constantly "overwriting the files" that hold those memories. You're altering them.

Man arrested for DUI, accused of fighting

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Tuesday, April 2, 2019.

A man in California was recently picked up on allegations that he was driving under the influence. The case gets even more complicated, though, as he was then accused of having started a fight at a gas station prior to his arrest.

According to news reports and local authorities, the man went to get gas in Redwood City, pulling into a Quick Stop gas station right around 9:00 p.m., on Friday, March 29. There, he and another man started arguing about a pump. That second man was 23 years old. The first man then allegedly punched him hard enough to knock him down and send him to the hospital.

Tips to help you through a student visa interview

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Tuesday, March 19, 2019.

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

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Thursday, March 7, 2019.

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?

On behalf of Law Office of Ronald A. Cabanayan on Thursday, February 28, 2019.

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

On behalf of Law Office of Ronald A. Cabanayan posted in criminal defense on Friday, February 22, 2019.

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:

You don't have to talk. You do always have a right to remain silent.
What you say matters. It can all come back to haunt you in court if you get arrested. Choose your words carefully.
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.
You can ask to see this warrant. Do not just take their word for it if they claim that they have one.
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.
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

On behalf of Law Office of Ronald A. Cabanayan posted in immigration and naturalization law on Thursday, February 7, 2019.

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.