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There are two main types of crimes to look out for because of the severe impact on a non-citizen’s ability to remain in the United States. 1. Crimes of Moral Turpitude The following types of crimes have been held to involve moral turpitude: *crimes in which either an intent to defraud or an intent to…
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POST CONVICTION RELIEF: “Motion to Withdraw/Vacate Plea” based on trial courts failure to advise a non-citizen defendant of immigration consequences Many people who are non-citizens are not aware that there are severe immigration consequences that result from entering a guilty plea to a number of criminal offenses and later seek post-conviction relief to “erase” their…
Health and Safety Code 11550(c) states: c) The court may, when it would be in the interest of justice, permit any person convicted of a violation of subdivision (a) punishable under subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in the county jail….
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With a pinch of Arizona thrown into his recipe, California Republican Assemblyman Tim Donnelly has proposed a law that would require the state’s employers to verify that workers are here legally via the federal government’s E-Verify system. He argues it would help save California taxpayers billions of dollars spent on services for illegals. But some…
In most cases the answer is no. After a divorce or when there are children involved in a case, for child support or child custody, the case will last for years with modifications and reviews. During this time a spouse could ask the court for more visitation with their child, to pay less child support…
You probably know that if you are over the age of 21, it is illegal to drive with a blood alcohol level over .08%. You may even be aware of your right to refuse to take the road side breathalyzer test (referred to as a preliminary alcohol screening, or PAS test) if you have not…
This is one of the classic debates of traffic court. Here’s what the law has to say on the issue in California. According to California Vehicle Code Section 41602, “No state or local agency employing peace officer or parking enforcement of this code or any local ordinance adopted pursuant to this code, may establish any…
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An Arizona school district violated the IDEA when it removed an elementary school student with autism to an interim alternative educational setting (IAES) without justification. The student did not inflict serious bodily injury on another person, an ALJ concluded. However, the ALJ declined to award the student compensatory education, since the IAES provided him meaningful…
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Orange County lawyer and flock of legals founder Mark A Gallagher made a cameo on NBC news yesterday for his involvement in a whale of fish story. Gallagher represented John Brady and co-counsel Christopher J McCann represented John Apothaker. Both men were charged with catching a giant sea bass in Newport Beach. The case resulted…
When facing a criminal matter, you have three options of representation. You can go Pro Per (self representation), hire a private attorney or request that the public defender represent you. When your freedom is at stake, misdemeanors and felonies have potential jail time attached, it is extremely important that you make smart decisions. In addition,…
