A conviction for a VC 23152 or 23153 (DUI), can have immigration consequences, depending on the individual’s status. The conviction can be a damaging factor in discretionary decisions, including whether the person will be released from immigration detention on bond, or found to be of good moral character. It usually is a bar to Deferred Action for Childhood Arrivals (DACA). Simply being charged with a DUI can cause revocation of a non-immigrant visa (Without even the conviction). If combined with other factors or charges, a DUI arrest or conviction can lead to inadmissibility or deportability.

A conviction for a VC 23152 or 23153 (DUI), can have immigration consequences, depending on the individual’s status. The conviction can be a damaging factor in discretionary decisions, including whether the person will be released from immigration detention on bond, or found to be of good moral character. It usually is a bar to Deferred Action for Childhood Arrivals (DACA). Simply being charged with a DUI can cause revocation of a non-immigrant visa (Without even the conviction). If combined with other factors or charges, a DUI arrest or conviction can lead to inadmissibility or deportability.

Under current (as of 2017) law a California DUI conviction is not a per se ground of removability: it is not an aggravated felony, a crime involving moral turpitude, or other inadmissible or deportable conviction. It’s possible that could change in the future.

I. Consequences of a Arrest or Conviction for a DUI

A. How can a DUI cause inadmissibility?

Most non-citizens who look for admission into the US must be admissible. A DUI conviction is not a ground of inadmissibility per se. A DUI charge or conviction nevertheless might cause inadmissibility in the following ways;

Inadmissible for convictions for 2 or more offenses of any type, with a total sentence imposed of 5 years or more. Conviction of two or more offenses over one’s lifetime, where in total a sentence of five years or more was imposed (including suspended sentences) causes inadmissibility.

DUI’s involving alcohol: Inadmissible as an alcoholic, which is a physical or mental disorder. A person who suffers from a disorder, including alcoholism, that poses a current threat to self or others is inadmissible.

Current drug addict or abuser: One or more DUI convictions relating to “drugs rather” than alcohol may alert the government to investigate whether the person is inadmissible as a current drug addict or abuser. The person is inadmissible on this basis only if the drug is a federally-defined controlled substance, and if the use was non-medical, meaning that a doctor did not prescribe the drug for the person. So, a person addicted to opioids prescribed by a physician, or other substances, is not inadmissible under this ground.

The standard is supposed to be whether the person meets current DSM diagnostic criteria for substance-related disorder…. However, advocates report that some U.S. consulates apply a different, older standard, where drug abuse can be found if the person admits engaging in more than one-time experimentation within the last three years.

The controlled substance inadmissibility ground also reaches a person who formally admits having committed all of the elements of a controlled substance offense, even without a conviction. An immigrant with a drug-related DUI should not admit to any DHS officer that she possessed a federally-defined controlled substance.

B. Good Moral Character

An applicant must establish that she has been a person of good moral character(GMC) for a set period of time (for example, the preceding five years) in order to qualify for naturalization to U.S. citizenship, as well as several forms of relief such as cancellation of removal for non-lawful permanent residents under INA 240A(b), benefits under the Violence Against Women Act (VAWA), one of the forms of voluntary departure, and registry.

To do this, first the person must show that she does not come within any of the bars to establishing GMC. Second, she must show that in fact she has been a person of good moral character during the required period. The adjudicator has discretion to decide the second question, using a balancing test to compare positive and negative factors. See discussion of “good moral character” at N.17 Relief Toolkit atwww.ilrc.org/chart.

Statutory or Regulatory Bars. Although a DUI itself is not an automatic bar to GMC, it might serve as one when combined with other factors. The person is barred if the following occurs within the period for which GMC must be shown. The following are can prevent an immigrant from showing GMC; 1) Habitual Drunkard. 2) Multiple convictions for a DUI might lead to a finding that one is a habitual drunkard. 3) Convictions for 2 or more offenses of any type, with a total sentence imposed of 5 years or more. 4) Confined to a Penal Institution for 180 Days or More. A person who, as a result of a conviction, has been in jail or prison for 180 days or more during the statutory period is barred from establishing GMC. This bar is triggered by how much time the person has actually been confined, not by what the official criminal “sentence” was. The conviction could be for a DUI or any other offense. 5) On Probation or Parole. Federal regulation prohibits naturalizing someone who is currently on probation or parole for any offense. This means that someone who is on probation or parole on the date of the interview cannot be granted naturalization. They can apply for naturalization while on probation or parole as long as probation or parole ends by the interview date.

GMC and Discretion. A person who is not barred from establishing GMC still must establish that she in fact has been of good moral character during the required period. Because a DUI conviction can be a serious negative factor in this determination, anyone with a recent DUI should consult with an expert advocate before applying for naturalization, or for immigration relief requiring GMC. If she does go forward, she should provide evidence that she is rehabilitated, along with all possible evidence of positive GMC factors, such as community service. The adjudicator must weigh the positive factors against negative ones in making the decision. Some regional offices, individual officers, and immigration judges, treat DUI’s more harshly than others do — so gathering information about local practices can be very valuable.

A DUI conviction may make a person ineligible to apply for, or at risk of losing, some other relief or benefits, regardless of whether or not the person is inadmissible or has good moral character.

A DUI conviction is a bar to Deferred Action for Childhood Arrivals (DACA). A misdemeanor DUI conviction under Cal. Vehicle Code 23152 or 23153 is a “significant misdemeanor” and a bar to eligibility for DACA.

A DUI charge, even without a conviction, can trigger revocation of a non-immigrant visa such as an F-1 student or H-1 employment visa. Under recent policy guidance, a U.S. consulate may revoke a non- immigrant visa based on evidence that the person was charged with a DUI offense, even if there was no conviction. The consulate might send a letter to the person stating that the visa has been revoked and that she should return to the home country to meet with consular officials there. Noncitizens should not do this without speaking to an expert immigration advocate.

Possible Bar to Asylum or Withholding of Removal: Conviction of a “particularly serious crime” (PSC) is a bar to asylum and withholding of removal. Whether any given conviction is a PSC depends upon a number of factors, including the nature of the offense, the underlying facts, and the sentence imposed. Depending on the circumstances of the offense, a single DUI or multiple DUI convictions might be charged as a PSC barring eligibility for asylum or withholding of removal.

Enforcement priority: The Obama Administration created a list of offenses, which included any DUI, that would make the person an enforcement priority. The Trump Administration has abandoned the list approach and states that any undocumented person, especially one who may have committed any crime, is a priority. However, in practice a DUI conviction still makes the person a special target. In 2017, ICE agents have continued to go to the last known address to arrest and detain some undocumented persons with DUI convictions, including DUI convictions that are many years old.

Discretionary Denial of Immigration Bond: A DUI conviction often will result in a discretionary denial of bond and release from ICE detention. A reckless driving conviction is an adverse factor in bond and release determinations, but it appears to be significantly less damaging than a DUI.

D. Removability/Deportability

A DUI might lead to a charge of deportability if the DUI was with the charge of child abuse due to a child being in the car, if it’s determined that the DUI is based on an addiction as opposed to an indiscretion, or travel after conviction of two or more offenses with aggregate sentence of at least five years.

A conviction for a DUI does not usually have the following immigration consequences because it is not considered one of the deportable or removable crimes; aggravated Felony, Deportable Controlled Substance Conviction, or a Crime of Moral Turpitude.

II. Future Penalties for DUI Convictions?

Non-citizens who have a DUI conviction should keep in contact with an immigration attorney in case a law passes that imposes new consequences. The new law might cause permanent residents to become deportable based on a DUI conviction, when they were not deportable before.

III. Reckless Driving Charge or Conviction

Reckless driving is classified under Cal. Veh. Code 23103, 23103.5, and 23104. In general, a conviction for reckless driving is better than a DUI conviction, because of all of the potential DUI consequences listed above.

Law Office of Wais Azami takes DUI & Immigration seriously. We primarily practice criminal law for immigrants. Call (714) 321-9999.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice. Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

The police can enter your house under certain circumstance; exigency (legal emergency), chasing a fleeing felon/suspect, upon your permission or with a search warrant. The most important part which really matters and you have the most control is when they have no search warrant and it’s not an emergency. I’ll cover that part first and then move on to the others.

1. Do I have to let the police in my house?… if they have no search warrant?

NO! There are exceptions but they are discussed in number 3 below. If there is no emergency and you did not call the police, you don’t have to allow them inside your house.

In fact, you should never open your door for the police if you didn’t call them, you don’t need their help, nor do they have a search warrant. Know your rights!

If you do open your door, try to stay several feet inside. The police can arrest you without a search warrant if you are not inside your house or if any part of you is not inside your house. If you have one arm or leg outside your door, they could yank you outside. However, they are not allowed inside your house without your permission.

If they try to step inside, tell them they are not authorized to come inside without a warrant. You can choose to speak through an open door or window but that also invites you to say things which could later be used against you.

The best practice is to not talk to the police unless you have a situation where you need them. Even then, tell them only enough to get assistance but do not volunteer anything more. It’s advisable that you call your attorney ASAP or while the police is present, if at possible

2. What do I do if the police shows me a search warrant?

The Constitution of United States deems our privacy in our homes very sacred and special. I don’t want to get into the long history of it, but there is a reason why there is a saying that, “A home is a man’s (person’s) castle.”

In order for the government or its agents (police, sheriffs, FBI and other law enforcement) to enter your home without an emergency, they must first provide you with a search warrant.

That search warrant has to be VERY specific. It has to EXACTLY spell the name of the person to be sought, the location (address) to be searched, list the items the police is wanting or thinking they’ll find, the area of the house most likely the item may be, and it must have the signature of a judge or magistrate. If any part of this is missing, it’s not a properly executed warrant. If it’s not a properly executed warrant, you don’t have to let the police inside your house. Simply ask them to come back with a proper warrant. They may stick around the house until that happens, but at least they won’t come immediately and without proper authorization.

Once the police enters, try to be very respectful but do not talk. If you are arrested, give your name, date of birth and ask to speak to a lawyer. Say NOTHING else. The next word out of your mouth should be for your attorney only!

3. Are there times when the police could enter my house anyway without any permission?

Yes, there are certain situation where the police could enter your house without a warning, a request, or a warrant. For example, if they have been chasing a dangerous suspect and this person decided to enter your house via an open door or window, the police will enter in order to protect you from such invader.

The police may also enter if there has been an emergency-call placed from within the house or from someone who has the right to possess the house (resident/renter) and asks the police to enter because a child or someone else may be at risk.

Sometimes police can enter when they conduct a “welfare check.” This could be a call from a concerned relative or employer, for example, of someone who has been non-responsive for at least a couple of days. That time can be shorter if the person whose welfare is being checked is one very fragile or too young.

There are many other situations which I have not covered here and the list is not exhaustive. Please use common sense when handling police matters. Do not let your emotions ruin your chances of a good defense.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where a good criminal defense attorney could give proper legal advice.

Remember, you have a right to remain silent and to ask for an attorney whenever you are being interrogated by law enforcement. If the police or ICE come to your residence, you don’t have to give ANY information nor do you have to let them in without a search warrant. DO NOT speak to anyone nor let them in your house without a search warrant. If they have a search warrant, the warrant must correctly spell the name of the person being sought, the address being searched, and it must be signed by a magistrate or judge.

Removal: Deportability vs Inadmissibility

“Removal” now includes both deportability, under 8 USC section 1227 and inadmissibility under 8 USC section 1182. Inadmissibility means you are not allowed to be able to get your legal status within the US, whether you are here or abroad. Removal or Deportation means you are being forced to leave if you are already inside the US. Criminal Defense Lawyer for Immigrants.

Arrest vs. Conviction

Arrest means you have been accused of doing something illegal. Usually the police arrests someone for a certain charge but they do not have the power to charge. Police’s report is merely a recommendation to the District Attorney (DA). Only the district attorney can charge someone for committing a crime. Sometimes you can be arrested and then the district attorney refuses to file charges. If that happens, you have no convictions. The DA could also choose to charge you for a crime but later drop the charges. They could even charge you with more crimes than for which you were arrested. The DA controls the charges in Criminal Defense Lawyer for Immigrants

Conviction means that you have been judged to have committed the illegal act by the trier of facts (judge or jury). This happens after you have had your “day in court.” This means the DA charged you, brought evidence against you or witnesses against you, and despite your defense, the judge or the jury found you guilty. At that point, you will have incurred a conviction or convictions, if there were more than one charge.

For immigration purposes, there is a huge difference between arrest and conviction. Arrests can be explained a lot easier than convictions. It’s very important to seek an attorney immediately after an arrest. Do not let your bad situation get worse. It’s almost impossible to turnover convictions. As an immigrant, it’s highly advisable to not represent yourself–the consequences of a convictions are too heavy.

Good Moral Character

In order to become a US legal permanent resident or to become a naturalized US citizen, you will need to show you are and will be a trusted individual who has a good moral character. A non-citizen’s criminal record can result in statutory ineligibility to establish good moral character. One cannot establish good moral character if they have been inadmissible due to crimes relating to moral turpitude, controlled substances, prostitution, a 5-year sentence for two or more convictions, domestic violence, or smuggling of aliens.

Crimes of Moral Turpitude

A crime involving moral turpitude has sometimes been defined as a depraved or immoral act, or a violation of the basic duties owed to fellow man, or recently as a reprehensible act with a mens rea of at least recklessness. Traditionally a CIMT involves intent to commit fraud, commit theft with intent to permanently deprive the owner, or inflict great bodily harm, as well as some reckless or malicious offenses and some offenses with lewd intent.

However, for immigration purposes, the following crimes have been deemed to be CIMT:

• murder
• voluntary manslaughter
• involuntary manslaughter, in some cases
• rape
• spousal abuse
• child abuse
• incest
• kidnaping
• Robbery
• aggravated assault
• mayhem
• animal fighting
• theft
• fraud, and
• conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.

Sex Crimes

Sex crimes include but are not limited to:

• Sex Crimes include but are not limited to
  • Child molestation
  • Rape
  • Sex trafficking
  • Spousal rape
  • Prostitution

Domestic Violence

The term domestic violence (spousal battery) includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Other Deportable Offenses or Causes

While this list is not exhaustive (complete), it provides a good idea of what else could cause major immigration problems:

• Sale or Possession of Controlled Substances
• Firearms Offenses
• Drug addiction or alcoholism
• Sentences of over one years
• Gambling
• Aggravated Felonies

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

Can working with, selling or using marijuana affect my immigration status?

Immigrants and marijuana does not mix if you are not a US citizen. That’s why I routinely practice “immigrant criminal law.” Immigrants must be extra careful not to use marijuana in even states where it’s legal to use it. U.S. Citizenship and Immigration Services (USCIS) issued guidance that could prevent those with permanent legal status (green card holders) from becoming U.S. citizens if they are suspected of using marijuana. That’s mere suspicion, not even arrest or conviction!

What if marijuana is legal in my state?

Many states have legalized medical marijuana, and several states and the District of Columbia have legalized recreational marijuana for adults. But do not assume that using marijuana will not hurt your immigration status. This USCIS guidance establishes that a violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing (good moral character) for naturalization even where the conduct would not be a violation of state law.

This isn’t necessarily a surprise, because marijuana is a Schedule 1 drug and possession of it is still a federal offense. USCIS officers must take it into consideration when reviewing an application. In the past, visitors to the United States have lost their tourist visas after agency officials checked their phone and found photos of them in front of marijuana dispensaries.

What’s new is that this practice is now codified into USCIS guidance explicitly telling officers that even if there is no drug conviction, and even if the person has not admitted to the offense, they should consider denying the case based on good moral character.

What if I have a green card or am a permanent legal resident?

Even if you get your green cards, you should not work for dispensaries. You should not be in any business related to marijuana and of course, don’t use it. Those without their US citizenships employed working for the industry could be labeled an illicit trafficker and be made eligible for deportation/removal.

This restriction exists even if marijuana is legally prescribed by a medical professional or doctor. The legality or medical necessity doesn’t make it legal under immigration regulations and guidelines.

Is the Federal government legalizing marijuana?

There is a lot of talk about the reduction of federal classification of marijuana as a schedule 1 drug, but until then, it’s better to play it safe. You’ve sacrificed too much to ruin your immigration status. I would consult with a lawyer before use, purchase, sale or employment relating to marijuana and its industry.

**My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

For more information about working with, selling or using marijuana and its affect your immigration status, please call a criminal defense attorney at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

99% of the time you would plead not guilty. This does not mean you’re innocent. It simply tells the court that you want to reserve your rights to a fair trial, to hear the evidence against you, to see and question the witnesses testifying against you and to present your defense, should you choose.

So, don’t worry about seeming like a liar by pleading not guilty. This is how the system works. You can always change your plea to guilty upon receiving a better offer from the district attorney. But going from guilty to not guilty is a bit more challenging.

If you chose to plead guilty, it would be over. There would be no trial. You’d give up your rights to hear evidence against you and your rights to cross examine witnesses who testify against you. Basically, you tell the judge to go ahead and dish out the sentence (punishment), because you have done what the police and district attorney have accused you.

Of course you could change your mind before conviction, but why risk going that far? It becomes virtually impossible after conviction. (This will be discussed during another blog.)

When you plead guilty, you are at the mercy of the court for a lenient sentence. Sometimes the court will give lenient sentences when someone refuses go through a trial, but that is not the best way of going about defending yourself.

It’s imperative that every piece of evidence and testimony against you is carefully examined. Further, it’s very important that the police report is carefully analyzed to see if any of your rights have been violated. Even further, the police may have had the wrong facts and you may be falsely accused.

One should NEVER readily plead “guilty” to any charge(s) without first consulting an attorney. Even if you are not innocent, it does not mean the government (police and District Attorney) could violate your Constitutional rights.

The judges, DA and court personnel know pleas are changed routinely. It’s best to preserve your right to a trial because you can always change your plea to guilty–I’ve never seen a guilty plea rejected.

My office is available for a free consult: (714) 321-9999.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

THE PURPOSE OF ARRAIGNMENT

Your first court date will begin with the judge telling you what charges have been filed against you. These charges will sometimes be the same as what you were initially ticketed or arrested for. In other cases, the charges will have changed. This is because the prosecutor in your case may disagree with the arresting officer over exactly which crimes they believe you committed. What happens on the first day of court.

After reading your charges, the judge will next ask how you wish to plea. You can plea “not guilty” to deny the charges and have the case set for a trial. Alternatively, you can enter a plea of “guilty” or “no contest” to resolve the case at arraignment. “Guilty” means that you are admitting the charges against you. “No contest” means that you are agreeing to be punished for the charges, but not explicitly admitting to them. In some courtrooms, the judge or prosecutor will offer you a plea deal before you enter a plea. In other courtrooms, the judge will wait until you have decided before choosing your sentence. Feel free to ask the judge for clarification about your potential punishment before deciding.

Finally, if you enter a “not guilty” plea, the judge will ask you whether you plan to hire a private lawyer. If you don’t believe you can afford a private attorney, you can request for the judge to appoint a public defender to represent you. Public defenders are lawyers provided to defendants with low incomes for free or for a nominal fee.

THE LENGTH OF THE FIRST COURT DATE

Your first hearing will likely be only one or two minutes long. Most courtrooms schedule many arraignments for the same day, so the judge will try to move through each case quickly. Unfortunately, because so many cases are scheduled at once, you may end up waiting in the courtroom for an hour or more before your case is called. Be prepared for court to take up to three or four hours.

WHAT TO WEAR

You should take care to dress appropriately whenever you appear in court. Although many courtrooms will allow you in if you are underdressed, dressing properly will make a better impression on the judge. The appropriate attire for your first court date is business casual. Men and women can wear a button up shirt and slacks. Women can also wear a blouse and skirt or a professional-looking dress. Suits are also welcome, but not required. Some courthouses have unique attire requirements, so be sure to check your courthouse’s website for additional rules.

WHEN TO HIRE A LAWYER

It’s never too soon to hire a criminal lawyer. Although many people wait until after arraignment to start looking for an attorney, it’s better to begin your search as soon as you are first charged. A lawyer will guide and represent you throughout the criminal process. They can often even appear in court in your place so that you don’t have to attend the hearing at all.

CONCLUSION TO WHAT HAPPENS ON THE FIRST DAY OF COURT

Your first court date is sure to be a nerve-racking experience. Now that you know what to expect though, it will hopefully be a little less scary. If you are still feeling overwhelmed, consider a criminal attorney to help guide you through the process. Remember that it is never too early in the criminal process for you to reach out to a lawyer.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.

Most people wonder if Public Defenders are any good or whether they’re even a lawyer. Public defenders are not only real attorneys, but they are often some of the best. Public Defenders went to real law schools. They passed the same bar exam as the rest of us attorneys. They often go into the field of public defense due to a passion, not as a default. However, they often have huge caseloads. They are often extremely stressed and overworked. This is not an ideal situation.

Why do Public Defenders have such bad image in the public eye?

Public defenders are to the legal field as battle field trauma surgeons are to the field of medicine. They are inundated with high caseloads, hardly compensated in proportion to their efforts, and have limited resources such as personal assistants or paralegals. Because of their high caseloads and limited time, they are forced to prioritize cases like surgeons in a war. If you’re in dire need, you’ll get some attention. Otherwise, if you’re facing minor charges as compared to other defendants, you may not get the full attention as a serious felon facing a strike case. Even those cases are so numerous that they often get the bare minimum effort due to lack of time.

However, those supposed “minor charges” are not so minor to you, if you are the one accused of a crime. It’s your life! For you, it’s a make-it-or-break-it deal because your future rests on it. Your criminal record could affect your immigration status, career, family life, 2nd Amendment (gun ownership), and freedom!

Money doesn’t buy justice but it does help with increasing your odds when you face a criminal charge. The reason for that is conscientious attorneys, like myself, will take only limited number of cases to make sure your case is given the attention it deserves. We generally don’t have supervisors like public defenders who keep piling cases on the desks of deputy public defenders, on a daily basis. Keep in mind that some private attorneys will become greedy and accept more cases than they could reasonably handle. It’s your job to get a sense of how stressed and over-worked the attorney seems. You should ask about their caseload. But if you find that right balance in a private attorney, you’ll generally do better in the long run, especially when it comes to client service.

Why is a private attorney worth hiring?

1. Private criminal defense attorneys have the same passion for their field as public defenders, but we can control our caseloads, the types of cases we take and how much we charge. This gives us an ideal work/life balance and keeps us rather content. A content attorney thinks and works better. As a result, your case will get the attention it deserves.
2. Private attorneys need to do a fantastic job or they won’t get great reviews and won’t get new business. Public Defenders don’t have their livelihood on the line like private attorneys do. They get their salary regardless of outcome.
3. Private attorneys are oriented towards client service; returning calls, returning emails, answering questions within the same day, offering time to really get to know you and your fears, and discussing the game plan more than once if you didn’t understand it the first time.
4. Private attorneys can choose a private investigator which matches your needs rather than being forced to use the one provided by the county, who is also overworked.
5. Usually the same private attorney will handle your case but with public defenders, you get whomever is in court that day. That’s if you use a solo practitioner like myself. Otherwise, if you go to a mill, you’ll pay good money and end up with the same type of service as public defense.
6. Private attorneys can show up on your first court day without you for most misdemeanor cases. It saves you from taking time off work and prevents a potential detention if you have a warrant. This is also crucial if you are afraid of ICE holds. In order to be assigned a public defender, you’d have to first appear in person for court on your arraignment day.

If you feel you would like a private attorney but cannot afford one, call for a free consult anyway. We went into criminal defense because we have a heart. At least come in to get a quote and see if it’s truly not within your budget. I think you’ll be surprised to find out how much some of us want to help you.

Criminal Defense During Bad Economy

During bad economic times, more people become desperate and are softened too stressed to think things through. They tend to make mistakes which causes them legal problems. They lose their cool quickly and argue. They resort more to drug and/or alcohol use to escape their troubles. These often land them in legal hot water for charges such as domestic violence, vandalism, theft, DUI, public intoxication, assault and battery, etc.,

The increased demand for criminal defense attorneys creates a huge bottleneck for the office of public defenders. This in turn could reduce the quality of the representation and the time spent on each client.

With inflation, housing costs and increasing unemployment, we seem to be headed in that direction now. More and more clients are opting to leave their public defense representation for a private attorney.

Should I worry if I have a public defender and can’t afford a private one?

But if you end up going with a public defender, don’t worry. You’ll have a really good attorney. They will care about you and will attempt to help you. I assure you they are some of the more passionate and zealous advocates around. It’s too bad the system doesn’t recognize their work and overburdens them. A great overworked attorney is better than no attorney! Always ask for a lawyer.

However, the peace of mind provided by a private attorney who answers your questions, explains the game plan repeatedly, and responds to your inquiries quickly, is priceless.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.

This information shall not be deemed legal advice, nor shall it create any attorney-client relationship. It is merely for informational purposes or academic purposes.

I fight for my community’s rights when they have been charged with a crime. This means I will help defend your rights

In addition, I will represent you against criminal charges or assist with cleaning your criminal record. As one of the best criminal defense attorneys in Orange County, based on my REVIEWS, I offer strong yet affordable representation to the people of Orange County, LA County, Inland Empire and the surrounding areas.

If you’ve been accused of a crime, hiring an attorney is one of the best choices you can make for your future. Prosecutors and the police will be looking for any opening to try to weaken your case. You need someone to fight for your rights, shield you from legal missteps, and bolster the strength of your case.

Whether you’ve been accused of a misdemeanor or are facing more serious charges, our team is prepared to tirelessly fight for you. We defend the accused in Orange County and the surrounding areas. The sooner you contact us, the sooner we can help. At Wais Azami, A Law Corporation, we’ll fight to protect your rights & future!

While I don’t promise case outcomes, my recent case RESULTS speak for themselves. A lot of my clients have been charged with crimes far worse than what truly occurred. Some are falsely accused altogether, usually by the alleged victim. Most of my clients have family and/or immigration issues which a criminal charge would complicate further. It takes an understanding attorney who realizes the consequences of criminal charges against immigrants to adequately prepare for a strong defense. Such understanding comes from life experiences. My childhood as an immigrant in this country, taught me three things; people matter, fight like your life depends on it, and persistence is all you need to defeat anything thrown at you

For more information, Contact Orange County Criminal Defense Attorney, Wais Azami at Azami Law and schedule your free consultation. Mr. Azami can be reached at (714) 321-9999 or you can send an Immediate Action Form for a 24/7 Service.

Who has the authority over case strategy? Do clients have any authority over certain things? Are attorneys permitted to run the whole game to the end?

Both the Client and Attorney have authority over certain decisions. However, each one has different areas which they can control. Let’s look at each:

Authority of a Client/Defendant:

The defendant retains the absolute right to decide certain issue affecting his/her fundamental rights. For example, the defendant can decide whether to plead guilty, to testify, to enter an insanity plea, or to demand a jury trial, among a few other rights.

Authority of an Attorney:

Once an counsel (attorney) becomes the attorney of record for the client, all legal steps must be taken by him/her. Generally, the attorney controls all decisions affecting trial tactics and court proceedings which include, but are not limited to:

>Whether to call a particular witness;

>Whether to introduce a particular evidence;

>Whether to object to evidence;

>Whether to stipulate to facts during the penalty phase;

>Whether to challenge a particular trial judge;

>Whether to request a change of venue;

>Whether to stipulate to proceed with fewer than 12 jurors; and

>Whether to request a determination of the defendant’s competence to stand trial.

My personal opinion:

Why hire an attorney if you’ll argue with him or her? Why pay your hard-earned money? There was a reason initially. It was most likely because you felt their skills, training and experience would best help fight for your rights. I know trials can be difficult and emotionally draining, but this is the one area of law where the odds are against you–when you choose to self-represent or argue with your attorney. Such situations have been proven to have the least success rate in the long run. It is for this reason that lawyers and doctors are asked not to represent/treat themselves or people close to them. Such situations can cloud a person’s judgment when they are involved. A cool decision-maker makes the best call, generally.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.

This information shall not be deemed legal advice nor shall it create any attorney-client relationship. It is merely for informational purposes or academic purposes.

Police officer’s past bad behavior can be discovered with the Brady Motion in your current case. Brady was a court case which caused the ruling for which there is now a motion. It forces disclosure of important facts about your officer’s prior dealings and tendencies. It helps the defense attack the reliability, thoroughness, or good faith of the police investigation.

The Brady Motion can be used for prying loose police reports that show:

-inconsistent behavior or statements by police

-incompetence or failure to follow guidelines or protocols for investigation, and

-general sloppiness in investigating the crime or in failing to follow leads or investigate anything that wouldn’t help convict your client.

It is also very useful for obtaining information about informants, deals and other crimes that may have given witnesses a motive to lie in your case, or given the police a motive to frame your client.

Even if something would not be admissible at trial, if it fits within the definition of Brady material, it must be disclosed. The key to Brady is that the defense must be given all favorable information it is then up to defense counsel to figure out a way, if possible, to use it. Contrary to what many prosecutors believe, the fact that a document or piece of information may be inadmissible does not relieve them of their obligation to disclose it under Brady.

Even if the prosecutor thinks that the Brady material is unreliable or unbelievable, he or she must disclose it. It is for defense counsel, not the prosecutor to decide whether the Brady material is reliable enough to be used. For example: the excuse that the other guy who confessed was crazy and unbelievable does not relieve the prosecution from the due process obligation to inform the defense about the other guy and his confession.

In Kyles v. Whitley, the U.S. Supreme Court explicitly said that the individual prosecutor has an affirmative duty to learn of any favorable evidence known to the other people and agencies acting on the government’s behalf on the case, including the police.

1. Inconsistent descriptions by different witnesses of the criminal.
2. Inconsistent descriptions by different witnesses of the crime.
3. The fact that some of the witness’s descriptions of the criminal matched the police informant
4. That there were pending charges against the police informant
5. That there was an ongoing investigation of the police informant concerning other crimes.
6. That the police informant made inconsistent statements to the police about the crime and about his accusation of the defendant
7. That the police had other leads and information that they failed to follow up on or investigate, that could have pointed the finger at someone other than the defendant.
8. That before accusing the defendant, one of the witnesses previously said that she had not actually seen the crime
9. That a witness’s description of the crime and/or the criminal became more “accurate†and more certain after the witness met with police and/or prosecutors, or after the witness testified at a first hearing or trial.
10. That a witness’s prior statements omit significant details or facts that the witness remembered at trial.
11. That a witness’s trial testimony omitted significant details or facts that the witness mentioned in prior statements.
12. That a witness or informant made statements that incriminated himself in the crime charged against the defendant.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.

This information shall not be deemed legal advice, nor shall it create any attorney-client relationship. It is merely for informational purposes or academic purposes.

It’s unknown why more women and crime has historically had less coverage. But recently, there seems to be more interest. It could be that more of their crimes are being reported as the new generation see women as more equal in rights and culpability. In light of police brutality and unfairness of arrests for minorities, officers may also be forced to look at all parties equally rather than assume women are automatically the victim. Such approaches to policing will obviously create more situations where the woman may have been the culprit or suspect.

For me personally, majority of my spousal battery or domestic violence clients are female. Most have been victimized in the past. Most are tired of being victimized. Unfortunately, they either take the wrong approach to defending themselves or their story is not accepted. This happens when whomever calls the police first seem more credible. This is why it’s important to have an attorney who will thoroughly inspect all of the evidence, police reports and witnesses.

Regardless of who is arrested, it’s important to know your constitutional rights. It’s important to seek legal counsel immediately not give law enforcement anymore information than you may have already.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

Most people are under the impression that you have to talk to the police or answer all of their questions. It couldn’t be further from the truth. It’s true we are all raised to respect the police and to fully comply with authority. That usually means that the authoritative figure has a good reason to stop us and inquire about anything they want.

We are used to answering detailed questions posed by our parents, older relatives, teachers, church leaders and the like but you should Know your rights. We assume they are trying to get to the bottom of something important which is ultimately to either help us or to help us learn from our mistake.

Generally, we don’t question them. We don’t ask why they want to know. We don’t dare do such things because we are taught that we don’t know better. Further, it’s rude to question authority. After all, who are we to question the motives of someone older, wiser, and more educated?

This is even more true when within certain cultures. In most non-American cultures, people with authority are assumed to have the utmost power and right to question someone below their level, age or position in life. They have a god complex. Respect is shown by not disobeying such people.

However, in America, things are different. Rules are different.

But, do I have to talk to the police?

As I said earlier, you only have to provide your name and date of birth to the police. That is all that is legally required of you. The ONLY other thing you want to say is, “I want my lawyer” or “I want a lawyer.”

Do I have to talk to the police? Know your rights?

The police is legally allowed to lie to you. They can trick you. They can use pressure tactics to make you talk. When you talk, you give out information. That information could put you in a scene of a crime, admit to an illegal conduct, or offer other evidence which could be used against you or your loved ones.

When the police talk to you, they have already made up their mind as to whether or not they’ll let you go. You cannot talk your way out of anything, Know your rights. If you have been previous lucky due to police letting you go after talking to you, it does not mean it was your skills. It could have been another emergency to which they had to respond or another reason.

The people who are at most risk of talking to the police are the highly educated or highly intelligent people who believe they could outsmart a cop. However, when they talk, it’s recorded on camera or in notes. It’s not one officer who looks at all of that which came out of the person’s mouth. There will be many highly intelligent people (sergeants, shift leaders, captains, district attorneys, etc.,) who will read the same report and parse every word carefully.

Then they will re-interview the same person and try to trip them up about what they said. At that point, the person will either be a liar or give different evidence and dig a bigger hole. If they had never talked, nothing could be used against them nor could they be deemed a liar.

A good criminal attorney could speak for you. If you really want to tell the police something, do it in a way which won’t hurt you later. You can still talk via an attorney. However, the attorney can help filter things which could harm you tremendously down the road.

The biggest reason people want to talk to the police is to avoid being taken into custody. They feel they’ll be released if they cooperate. However, by talking, one creates a risk that they’ll ultimately be in custody for much longer. Think about it; you say anything not to spend one night in jail but end up giving information which later puts you in there for months or years. Was saving yourself for one or two nights really worth singing like a canary?

Remember, you have to say only things to the police:

1. Your name

2. Your date of birth

3. “I want a lawyer.”

What about police searches?

The topic of whether you should allow police to search is discussed thoroughly here.

That’s it. Nothing else. Best of luck and please pass on this information. I’ll post more about search warrants on the next blog. Please don’t miss it as it’s equally important.

Wais Azami, Esq.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

No good conduct credits for inmates with death penalty or LWOP (life without parole sentences.

*20% good conduct credit (1 day for every 4 days served) for inmates sentenced for violent felonies.

*33% good conduct credit (1 day for every 2 days served) for inmates sentenced under “3 strikes” law.

*50% Good conduct credit (1 day for each day served): for inmates sentenced to certain crimes, violent crime inmates who qualify for fire camp and violent crime inmates who are assigned to fire camp.

*66.6% good conduct credit (2 days for each day served): 50% good conduct inmates who are housed in minimum A/B custody, non-violent crime inmates who qualify for fire camp, and non-violent crime inmates who are assigned to fire camp.

Milestone Completion Credit

All inmate who are eligible for good conduct credits can receive this credit.

*Awarded for achieving an objective goal, such as completion of numerous programs listed in section the section applicable (contact attorney for this).

*Inmate can earn not less than one week, but no more than 12 weeks in calendar year (an additional 25% conduct credit for that year); or

*3 weeks credit for every 3 months in Milestone completion course.

Rehabilitative Achievement Credit

All inmates who are eligible for good conduct credits can receive this credit.

*Satisfactory participation in approved group or individual activities which promote educational, behavioral or rehabilitative development of the inmate.

*1 week for every 52 hours of participation with maximum of 4 weeks in 12 months.

Educational Merit Credit

All inmates who are eligible for good conduct credits can receive this credit:

>High School Diploma or GED Certificate = 90 days credit

>Drug/Alcohol Counselor Certificate = 180 days credit

>AA College Degree = 180 days credit

>BA College Degree = 180 days credit

>Post Bachelors or Graduate Degrees = 180 days credit

*Inmate can stack these to get all of the credit over time.

Extraordinary Conduct Credit

All Inmates who are eligible for good conduct credits can receive this credit.

*Up to 12 months credit may be awarded for: 1) heroic act in a life-threatening situation, or 2) exceptional assistance in maintaining the safety and security of the prison.

Parole Consideration for Determinately Sentenced Non-Violent Inmate

*Inmate must qualify as a “non-violent” offender (see attorney for requirement).

*Inmate may qualify for non-violent parole eligible date which arises when inmate has served the “full” term (actual custody, not conduct credits) of inmate’s sentence on his/her “primary offense” (low, mid, high term, not including enhancements, priors, etc.)

*If denied, inmate can qualify for another non-violent parole eligible date 12 months later

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice. For more information about California Proposition 57 & Good Conduct Prison Credits, please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.