Recent Blog Posts in December 2010 |
| December 29, 2010 |
| Can non-citizens be deported for criminal convictions? |
| Posted By Shawn Cline |
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It is becoming increasingly common for individuals to come to my office facing not only a criminal law issue, but immigration issues as well. Typically these people are here on a visa of some kind or have a green card allowing them to stay in the country legally. Some of them are completely undocumented and have no legal status in the United States. For these citizens of other countries, a criminal charge can have dire consequences.
First and foremost, undocumented persons arrested for an offense will have a "hold" put on them by the federal Immigration and Customs Enforcement Agency (ICE), which will result in denial of bond, or pretrial release. This can have the effect of individuals being held for lengthy periods pretrial, with the strong likelihood of being deported once the trial is finished.
For individuals from other countries here legally, ICE is not usually involved pretrial. However, there are serious consequences for these individuals if they are ultimately convicted.
The Immigration and Nationality Act allows for deportation proceedings for any alien convicted of "crimes of moral turpitude" (think of this as crimes involving dishonesty... larceny, perjury, etc.) that carry a possible sentence of 1 year or more. This is tricky because in Virginia most misdemeanors carry the possibility of up to a year in jail, so even a misdemeanor conviction can have the effect of deportation. In addition, it doesn't matter whether the judge actually sentences you to a year or more, it only matters that the judge could have sentenced you to a year or more, so a large number of charges carry the possibility of deportation.
Unfortunately, it is not uncommon for inexperienced lawyers to encourage a non-citizen to take some sort of plea deal in their case to avoid jail time, not realizing that the consequence of avoiding jail is deportation for a conviction on a minor charge. Make sure that your lawyer knows the ins and outs of immigration, and can guide you accordingly.
Felony convictions also carry the possibility of deportation, as well as any conviction involving drugs. Domestic violence, gun charges, and failure to register as a sex offender all carry the risk of deportation.
If you or someone you love is facing a criminal charge and they are not a United States citizen, contact us right away! What might seem like a minor violation, even a simple misdemeanor, can have the unwanted consequence of ending your stay in this country. Don't let this happen when in many cases it can be avoided through aggressive defense of your charge. |
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| December 10, 2010 |
| What happens to my drivers license after a DUI? |
| Posted By Shawn Cline |
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This is one of the biggest concerns for most citizens in DUI cases. Often times individuals can afford to pay the fines, particularly if they are already considering hiring an attorney; and jail sentences are usually measured in days on simple DUI cases, rather than weeks or months. However, drivers license issues can go on for months, and even years in the most serious cases.
DUIs can affect an individual's driving privileges in two ways. First, 46.2-391.2 of the Virginia Code provides for an administrative suspension of your drivers license if you are arrested for DUI. Essentially, the officer will seize your drivers license on scene and return it to the court for disposition. The length of seizure will depend upon how many times the individual has been convicted of DUI. Someone charged with a first offense will lose their license for seven days. A second offense charge results in a 60 day loss of license. For a third or subsequent offense, the license is suspended until the date of trial.
That's just the beginning though. Once you actually go to trial, the judge will revoke your license upon conviction of a first offense for a period of one year. The judge cannot suspend any of this time. A second offense within 10 years means an automatic 3 year license suspension. A third offense results in an indefinite revocation of your privilege to drive (however, you may apply for reinstatement after 3 years with a restricted license; and after 5 years for an unrestricted license).
For first and second offense DUIs the judge may, and often does, authorize the issuance or a restricted drivers license (the judge cannot authorize a restricted license if you are convicted of refusing to take a breathalyzer). The terms of restricted licenses are up to the judge, but typically they allow an individual to drive to work, drive during work (if required by the job), drive to school, daycare, medical appointments, and alcohol counseling. The judge will determine what the specific terms of a restricted license are on a case by case basis.
Many people are so concerned about not going to jail that they forget about the loss of license and the drastic affect that can have on your life. The reality is that the affects on one's license are some of the most lasting and serious problems with a DUI conviction. If you are facing DUI charges anywhere in Hampton Roads, call us right away! We focus on DUIs, and are here to defend you charge and keep you driving! |
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| December 07, 2010 |
| 'Tis the season for DUI checkpoints! |
| Posted By Shawn Cline |
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The holidays are fast approaching, and there are more and more reasons why individuals might find themselves a few drinks deep at a location other than their homes. You can rest assured that local police departments will be conducting roadblocks in the coming weeks to deter people from getting in their cars and driving home after a night of drinking. But anyone who has taken a basic law class or read the Constitution knows that law enforcement can't just pull a vehicle over for no reason at all. There must be "reasonable suspicion" that criminal activity is afoot. Without reasonable suspicion, officers cannot stop a citizen in his travels.
Well, sort of. Because courts have carved out many exceptions to this fundamental Constitutional principle. And one of these exceptions is for DUI roadblocks, or checkpoints. Courts in Virginia (and just about everywhere else), allow DUI checkpoints under certain very limited guidelines because of the state's interest in protecting the public from drunk drivers. That being said, DUI checkpoints must adhere to very strict rules, or the arrests from the operation can be dismissed in court. Individual police officers do not have the authority to set up a DUI checkpoint on their own. Instead, the checkpoint must be conducted in accordance with a plan approved by the police department at the highest levels, and must limit the discretion of the police officers. For example, the plan must establish what time the checkpoint will be conducted, where it will be conducted, and how vehicles will be selected for stop (e.g. stop every third vehicle). If the plan is not specific, or if the plan is not followed, the results can be thrown out of court as an unlawful stop.
If you have been stopped at a DUI checkpoint, contact our office right away. We will fight at every turn to find error in the handling of the checkpoint. DUI checkpoints do more to snarl traffic than they do to deter drunk drivers. We fight every DUI aggressively; but where checkpoints and roadblocks are in play, we have more ammunition than ever! |
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