Sunday, December 8, 2013
I have been arrested what do I do now?
The most important consideration that should be made in any circumstance of an arrest is, how will this affect me in the future? What happens when you are arrested for driving without a license or your 2nd DUI? For a United States citizen this may mean prison, probation, fine, fees, etc. For an immigrant, this can mean so much more and how you respond is going to greatly affect your life here in the United States. As a legal document preparer I would suggest that anytime you are in any other status except a naturalized citizen, you should ALWAYS consult with a qualified Attorney. If you have a criminal issue and you are an immigrant you will need both a criminal Attorney as well as an Immigration Attorney. Be leery of those that are in general practice and dabble in many times of law as their focus isn't on anything specific. This Attorney may be very good in criminal law and might advise you to accept a sentence where you receive 365 days suspended, but this could adversely affect your immigration case. It is always good to remember that any arrest can possibly hinder or even result in your removal from the United States. Immigration specifies crimes that are characterized as "CIMT" or crimes involving moral turpitude as those that can render you deportable especially if they are aggravated. There are some states such as in Florida where the first DUI might be a misdemeanor and the 2nd might be listed as a felony with a mandatory sentence of 2 years and then the third will likely result in more of a sentence of classification. Now, because it is a crime involving a "motor vehicle" it MAY not be considered an aggravated felony (in the state of Florida) but the sentence imposed for such may be considered a deportable defense due to the combined sentences. Review http://www.nlada.org/DMS/Documents/1068321140.08/Flachart.pdf but only as a reference.
You can see how this this is very confusing and should be handled by a qualified Attorney because failure to do so may result in your removal from the United States. Please comment and let me know your thoughts. Thanks for reading
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