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While some may relish the opportunity to serve on a jury to hear a case, there are many others who couldn’t be bothered with civic duty. If you get the notice in the mail that you have been selected to serve on a California jury for jury duty you are expected to respond. When you don’t have a legitimate reason to lawfully excuse yourself from showing up, you will face penalties in the state of California for ignoring the summons.
Potentially, you just made a mistake on the day you were expected to show up to the court and forgot that you were scheduled to appear for your jury date. Often, missing the initial jury date results in a follow-up summons to appear in court. If you simply ignore your duty to show up on multiple occasions, you are at risk of being charged with contempt of court. Depending on which court you are scheduled to appear in, this can be the difference between mild penalties and those that are severe as the court has the discretion to decide what to do to jurors that fail to show up as they were supposed to. With fears over COVID, though, many jurors in the state are opting out of attending jury duty.
If you Miss Your Jury Date, Will You Be Summoned a Second Time in California?
In the majority of cases, the answer is yes. Missing your initial court date doesn’t just go away and you are highly likely to receive another court summons as a result. When you are summoned a second time, it will look very similar to the first document you received. The only real difference will be that the second time around, there will be information included warning you that missing again will result in penalties.
If you comply and appear in court that is normally enough to meet your requirements and you would be free of facing any negative implications or punishments. There are situations where the strictest courts don’t tolerate missing any court dates. In this case, it may only take you missing your first date for you to receive a fine. In most cases though, if there was no fine issued after a first missed appearance at court, you can bet that it is very likely you will be fined with a second, consecutive absence. Missing a court date two times in a row may not just lead to fines but also criminal contempt of court.
Contempt of court is considered a criminal charge in the state of California. Contempt of court in California can come with up to five days in jail in addition to the potential of up to a $1,000 fine. Not only does contempt of court charge inflict financial penalties and jail time on a defendant, but it will be put on the defendant’s record.
Do You Need to Speak to a Los Angeles Criminal Defense Attorney?
Missing jury duty without an acceptable reason can lead to major life disruptions and expensive fines. If criminal charges are attached, such as is the case when contempt of court occurs, a defendant may face life-long challenges including being unable to find gainful employment.
Getting arrested or even stopped by the police can be extremely stressful and a difficult situation for people to handle. Ensuring that you don’t end up doing something silly and that you can stay calm throughout, is the best way to approach things. So, what are your rights when you get arrested?
You will have seen it in films, people getting rights read when arrested, but do these actually represent the under arrest rights of a normal American citizen? What happens when you are arrested? When can police arrest you and what sort of constitutional protections exist to ensure you can’t be the victim of someone wrongly assuming you have committed a crime.
Can Police Arrest You For No Reason?
Fortunately for those who are concerned about your rights when arrested and whether police might just want to pick on you for no reason, there are some rules that protect you. Your rights state that you cannot be arrested for no reason.
So, when can the police arrest you? The police will either need a warrant, which has been approved by a state court, or they will need what is called “probable cause”. This is a big part of your under arrest rights. Probable cause is when the officer has a reasonable basis to consider a criminal activity that has taken place and that you are culpable. If you are arrested without probable cause then a false imprisonment lawyer can help you to get justice.
What Does Police Say When They Arrest You?
You will have your rights read when arrested. This is the speech we all know from the movies, but it is real and constitutionally required.
State-by-state, you might hear a slightly different warning when you are read your rights when arrested, but normally, the script is something like this:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
This is a brief overview of your rights. It gives you an indication of what you are able to do, for instance, the right to remain silent means that you don’t have to tell an officer what you are doing or where you are going. You are also entitled to a criminal defense attorney. There are some other protections in place for people when they are arrested.
You have the right to an attorney throughout. A false imprisonment lawyer might be the best option for you in this scenario but even if you can’t afford a lawyer, the state will assign one to you as this helps ensure a fair trial.
Unless you are at a border or in an airport, you don’t have to comment on any questions on whether you are a citizen of the USA or where you were born. Police officers should not ask you this.
There have been some incredibly high-profile cases of rights not being observed by police officers, so what should you do if you have any indication you’re under arrest rights have been violated and that you might have a case? Besides getting a great false imprisonment lawyer, there are things you can do yourself.
Make sure that you make a note of any information you can remember or get hold of such as the numbers of any patrol cars involved and the officer’s badges. If you can get witnesses to provide contact details, do so.
Take photos of any injuries and also get medical help straight away so that injuries are seen too, but also a third-party professional see your injuries.
From here, you can file a written complaint and seek the advice of an attorney.
Unfortunately, there are still instances of police officers not abiding by the rules which are set out to protect US citizens. If you fall victim to an officer not respecting your rights when arrested then you may have a legal case to file against the police. You have protection in the constitution to ensure that you are fairly treated through any legal proceedings.
Technology has changed almost every aspect of modern life, and criminal justice is no exception. It takes a long time for technology in criminal justice to get approved, but we fully expect technology and crime to continue to become more intertwined.
How Technology is Changing Law Enforcement?
Criminals will continue to use technology to their advantage, and it is important that future technology in criminal justice can do the same.
Whether you are working with an identity theft lawyer or another criminal defense lawyer, expect them to be up on the latest uses of technology and to use it to help you.
Some of the types of technology starting to become more commonly used include facial recognition software and body cameras, as well as drones and, notably, e-discovery software. So, what e-discovery is, and how does it fit into the criminal justice landscape? E-discovery, short for “electronic discovery,” refers to the process of identifying, collecting, and analyzing electronic data for legal investigations and proceedings.. There is some debate on where and when these technologies can be used. For example, the California Search And Seizure Laws state the police cannot use “unreasonable intrusion”.
Even 30 or 40 years ago, the idea of security cameras was relatively new in the world of law enforcement, so it shows how quickly new and future technology in criminal justice can be adopted.
Advantages of New Technologies in Criminal Justice
Why should we embrace these new technologies for our law enforcement? Whether you need a criminal defense attorney in Los Angeles, where technology tends to be cutting edge, or you are based elsewhere in the USA. the advantages of the new technologies are clear to see. Humans can be unreliable and prone to errors, even in the justice system, but if we can put technology to good use these errors should be less frequent.
Take facial recognition, for instance. This technology can help to identify people more reliably than using older methods like police lineups. Security camera footage can be analyzed in new ways. This can lead to more people getting convicted, and people who are wrongfully accused have more chances of proving their innocence. It isn’t always perfect, though, as we explore later in this article.
License plate scanning, drones with the potential to capture photos and videos, and GPS used to track people down, they’re all examples of new technology in criminal justice, and the best thing about the use of technology is the fact that it can potentially provide more evidence.
The sharing of information is another big consideration of what is now available in the world of technology and crime. In years gone by, technology being shared between police forces and crime agencies would have taken a long time and may have been inefficient.
Now, it takes very little time to get details shared on servers and via email, or even to collect video from security camera footage. This all means that more evidence is available to make the right decisions in courts of law, in theory at least.
Wrongfully Accused by an Algorithm
There is a cautionary tale about the use of technology in the criminal justice system. Robert Julian-Borchak Williams’ story is one of facial recognition gone wrong. The algorithm relied on matching images collected with driving licenses, and because of the error in this technology, he was arrested and accused of stealing nearly $4,000 worth of watches from a store in Detroit. The main evidence that was used to arrest him turned out to be completely unreliable.
This story shows how traumatic things can be when people are wrongfully accused of committing a trial, and the fact is that at the moment, technology can be unreliable. There are imperfections. While they might not seem like a big deal, In the case of Robert Julian-Borchak Williams, he claims that the image used to bring him in by the police was not even a close resemblance. Though there are bound to be some problems implementing technology, these extreme examples show how catastrophic issues can be for an individual.
Technology is a huge part of almost everyone’s daily routine and seems to become more a part of everyday life as time goes on. It has become a part of life for every identity theft lawyer or criminal lawyer in the USA and beyond, as the way the police operate has changed, along with the whole criminal justice system.
The overdose death of Los Angeles Angels starting pitcher Tyler Skaggs in 2019 has resulted in one arrest. The former Los Angeles Angels public relations employee, Eric Kay was arrested and brought up on federal drug charges related to the death of Skaggs. Kay allegedly was distributing fentanyl, and he was charged in Texas for his role in Skaggs drug overdose death.
At the time of his death, Skaggs was 27. The Los Angeles Angels were on the road playing the Texas Rangers when, in July of 2019, Skaggs was found dead in a Dallas hotel room. According to a toxicology report, the cause of death was an accidental overdose of a toxic mix of alcohol, fentanyl, and oxycodone. Kay told the DEA that he did give opioids to Skaggs for a long time, many years. He also said that he witnessed Skaggs snort crushed pills the night before his death.
What are the Dangers of Fentanyl?
Fentanyl is an extremely strong painkiller and a synthetic opioid. It can only be legally obtained through a prescription. When an individual has suffered from chronic pain, fentanyl can be a drug that doctors will prescribe if other alternative pain management medicines don’t work. It is also often used for pain a person endures when they are nearing the end of their life.
When fentanyl is obtained illegally, a user may combine it with other substances which can prove not only toxic but fatal. Alcohol is one of the dangerous substances that does not mix well with fentanyl. When combined, nervous system issues can arise such as excessive drowsiness, dizziness, inability to focus, and poor judgment. Lowered blood pressure, struggling to breathe regularly, fainting, coma, and death are all a potential result of combining this drug with alcohol.
There were over 31,000 deaths from the use of synthetic opioids in 2018 according to the Centers for Disease Control and Prevention. These deaths did not even count methadone use. There is no other opioid that has caused such demise in life as that of synthetic opioids. Fentanyl is so strong it can be as much as 100 times more potent than morphine.
When a person is struggling with an overdose of fentanyl, a medical professional will turn to naloxone to help. Because of the increase in opioid deaths across the nation, some states decided to make naloxone more readily available to consumers by not requiring a prescription for it. This allows an individual witnessing an opioid overdose to more readily go to obtain the treatment without fear or resources to do so. It also allows individuals to carry it in case they are with a person vulnerable to overdose.
Have You Been Arrested in Los Angeles and Need Legal Representation?
When you have been charged with a California drug crime, you need the most experienced and knowledgeable legal representation that understands and knows every possible program or class that is available to help you stay out of jail. Shaheen Manshoory and his associates are up-to-date on the law and the available resources that can be utilized to help you get the treatment you need while avoiding a prison sentence. The Los Angeles drug crime defense attorneys at the Manshoory Law Group, APC are laser-focused on criminal defense. We are well-known and respected for our proven track record of success helping those who have been arrested for a crime in California reduce jail time or eliminate it altogether.
The attorneys at the Manshoory Law Group, APC are here to speak with you anytime, day or night, and any day of the week when you need effective California criminal defense. Call the Southern California criminal defense lawyers at the Manshoory Law Group, APC at 877-977-7750 so we can evaluate your case and put together a strong defense strategy on your behalf.
Louie Michaelson: Good afternoon, everybody. This is Louie Michaelson at Business Talk Radio. We have a wonderful lawyer on today from Los Angeles, California. He’s the owner and attorney at Manshoory Law Group, Shaheen Manshoory. How are we doing Shaheen?
Shaheen Manshoory: I’m doing great, thanks for asking. How are you?
Louie: I’m wonderful. All I do is talk to wonderful people all day long, and it’s a wonderful thing.
Shaheen: Must be a good day every day then.
Louie: Every day is a good day. Some days are even better than others, if you can believe it. Well, I really want you to do is tell everybody out there a little bit about yourself, a little bit about what you do, why you do it and how you do it. I see that you’re a child abuse lawyer. How great does that have to be when you win those cases?
Shaheen: Well, whether or not we call it a win is something that many people can agree or disagree on, but it’s good to help people that are in situations in which, otherwise, it would not be able to help themselves so yes, day to day can be pretty rewarding.
Louie: Very good. Absolutely fantastic. Tell everybody about yourself.
Shaheen: Of course. I am strictly a criminal defense attorney. I’ve been practicing criminal defense law and laws. I’m coming up to my sixth year now. I do have my own practice. Criminal defense is the only area of law I have ever handled, so it is something that I’d like to say that I’m well-versed in. I started practicing law in Los Angeles County. I have moved to some of the surrounding counties like Orange County and San Bernardino County after I’ve been able to grow my practice, so practicing criminal defense, so far, has been the only thing that we’ve done in my office.
Our day today is focused on that and that’s helped us build whether it’s relationships with prosecutors and the judges, but also a very strong understanding of criminal cases and how to defend them.
Louie: How are the courts treating you these days?
Shaheen: Well, depending on the county you’re in. Some courts are a lot more flexible than others. I must say that the COVID situation has actually made the criminal section of the court have to update their system. They are much more open to telephonic appearances, whereas before it had to be an actual appearance in court, which actually helps us because we are in court every single day, but with the new changes, it’s actually benefited us by eliminating unnecessary appearances and using technology to advance our cases through the system.
Louie: Very good. What it’s doing is it’s saving everybody a lot of time and money?
Shaheen: It’s saving everyone a lot of time, it’s reducing unnecessary costs of travel, which then in and of itself saves a lot of time, and saving time is equating to saving money so yes, definitely, that saves money.
Louie: I think that’s going to be the new norm. I don’t think it’s ever going to go back to the way it was. Sometimes we’ll have to but I think that this is the way it’s going to be. You’re going to be doing a lot of things on your phone, on your computer. Now they’ll have to come up with new clause for lawyers that has a computer right in their dashboard.
Shaheen: [laughs] I think [unintelligible 00:04:13] are working on that.
Louie: Yes, I think you’re right. Or they’ll end up being, “Beam me up, Scotty.”
Shaheen: If that were available technology, we would definitely utilize it as well.
Louie: I imagine that we’re not too far away from it with all the crap that’s going on. You’re guaranteed that somebody’s been working on it.
Shaheen: I agree.
Louie: Yes. Very good. What was your most satisfying case?
Shaheen: Most satisfying case I cannot think of, but I was on a attempted murder preliminary hearing last week in which they judged how to make a decision on whether or not to hold my defendant over for trial. It was a four-defendant case. We conducted a two-day preliminary hearing in which officers testified as to what they observed, what information they gathered, basically detailing their investigation. I’m happy to say that upon my arguments to the judge, my defendant was the only defendant that was released on the case because the evidence did not support the charge. I believe, at that time, the prosecutor was overreaching on who they wanted to charge for the incident. My client was facing life in jail and was subsequently released within 24 hours. She now no longer is in the criminal system and is back to her normal daily routine with her family. So that was a pretty happy result, not to take away from the incident that occurred, but I strongly believe that the prosecutor was just charging whoever was at the scene, and I’m happy that the judge saw through that and released our client from the case.
Louie: Very good. Excellent. All right, Shaheen, what I need you to do is give out all your contact information on how to get in touch with you.
Shaheen: Of course, I appreciate it. We are in Los Angeles, so if you’re ever facing any sort of crime or anyone that you know is facing a crime, feel free to give us a call at any time. Our toll-free number is 877-977-7750. Again, that’s 877-977-7750. I’d be more than happy to speak with you directly and have my office provide you with a free consultation.
Louie: All right, everybody out there, if you got that number, tattoo it on your hand. This way, if you’re ever in trouble, you ever get arrested, something had happened that shouldn’t have happened, give Shaheen Manshoory a call and he will help you out. He will get you off. No ifs, and, or buts about it. This is Louie Michaelson at Business Talk Radio. We have been talking to the wonderful attorney, Shaheen Manshoory. Be safe, and don’t leave us. We will be right back.
It can be tricky to find employment in California, yet this process is made profoundly more difficult for people that have a criminal record. As it turns out, there are a lot of employers out there who actively avoid hiring people who have a criminal record, however, this is not entirely legal, as we will highlight later on in this article.
Employers are supposed to make individual decisions based on each candidate’s merits, and whether or not they would be a good fit for the role based on their skills and relevant experience. The matter of race, gender, and criminal history should not come into it.
On top of this, it’s estimated that 1 in 3 Californians have a criminal record of some kind, which is a huge percentage of the hiring pool to discriminate against. In this article, we will take a look at the process of getting a job with a criminal record in California, and what does and does not show up during pre-employment checks. Let’s get into it.
What Shows Up in a Police Check
If you’re wondering how to get a job with a criminal record, you will probably want to know what comes up in a criminal background check. Well, a pre-employment check usually includes looking into the applicant’s criminal history, the information they provided regarding their education and previous employment, as well as any professional licenses they hold.
The criminal background check will reveal any felony and misdemeanor convictions, pending criminal cases, or any other history of incarceration, although, this is only for convictions that occurred as an adult. Juvenile convictions do not usually appear on standard pre-employment checks. Depending on the role that you are applying for, there may be some criminal background affect on credit score, especially if you’re applying for a role in finance.
It’s important to note that the disclosure of convictions more than seven years old is forbidden in California.
What Your Employer is Legally Allowed to Consider
California introduced it “ban the box” legislation back in January 2018. This clearly stipulates that employers are prohibited from inquiring, or discussing an applicant’s previous criminal history before they have made a formal conditional offer of employment.
Furthermore, even after the employer has made a conditional offer of employment, they are still not allowed to deny employment based on their previous conviction, as long as it has been spent.
However, the employer is legally allowed to consider the nature of the convictions, the requirements of the job, and the time that has passed since the conviction itself. If the nature of the conviction is in no way related to the job, does not impact the job requirements, and enough time has passed since the employer is not permitted to consider the conviction in the employment decision process.
Can You Get a Job With a Criminal Record?
If you’re wondering how to get a job with a criminal record, a criminal history should not deter you from going after the job of your dreams. It’s perfectly possible to attain gainful and respected jobs for felons and jobs for people with records.
The Society for Human Resource Management recently found that over 80% of hiring managers believe that workers with a criminal background bring just as much, or sometimes even more value than workers without records.
As of July 1, 2020, California has enacted a major licensing reform that will make it much easier to get a job with a criminal record as it allows people with records to obtain professional licenses from 37 licensing agencies. This increases the number of jobs for people with criminal records. This even makes it entirely possible for someone with a criminal background to gain employment as a criminal defense attorney.
Are There Any Jobs That Do Not Require a Background Check in California
Luckily, there are jobs for felons, and jobs for people with a criminal record out there. However, it’s worth noting that criminal record searches are used by around 83% of employers that conduct pre-employment screening. The only way to know if a job will entail a background check is to ask the employer upfront.
You can also check websites such as www.glassdoor.com to see if you can get an idea into the application process and reach out to current employees.
With that being said, getting a job with a criminal record is typically easier than most people expect, as long as they are open and honest about the history and disclose all relevant information to the employer.
As the novel coronavirus disease runs rampant, governments around the globe have imposed different levels of lockdowns, to try and curb the spread of the virus.
The ‘stay at home’ instructions are issued to try and keep people safe, but home can be a pretty dangerous place for certain people, particularly for victims of domestic violence during the quarantine.
How Pandemic Can Exacerbate The Risks Of Domestic Violence
Extensive data, involving multiple regions, indicates a sharp rise in domestic violence during the quarantine, showing a direct link between increasing domestic violence and COVID-19. This is particularly true of populations that have been marginalized.
North Africa and the Middle East, for example, have the weakest laws in terms of protection against domestic violence. An analysis performed by UN Women assessed the gender-related impacts of COVID-19 across Palestine and found that the impacts of the disease were likely to be more severe on females, worsening pre-existing gender vulnerabilities, increasing domestic violence during the coronavirus, and exacerbating inequalities.
Moreover, Latin American countries such as Brazil and Mexico have observed a sharp rise in hotline calls, over the past couple of months.
Even though formal complaints in countries like Bolivia and Chile seem to have dropped, it is likely due to the stringent restrictions on mobility, coupled with the hesitance that domestic violence victims often feel in seeking out assistance via official means.
In the USA, people the number of calls to domestic abuse hotline services has skyrocketed, with some domestic abuse websites seeing an increase in traffic of over 300%. This goes to show the significant domestic violence increase during COVID 19.
The truth is, a lot of people have become more volatile after spending time locked down in their own homes in close quarters to their family members. Where school and employment may have once provided a necessary respite for domestic violence sufferers, this has now evaporated.
On top of this, increased tensions in households and the high levels of societal stress are very likely to cause outbursts which could lead to episodes of domestic violence.
What Can Be Done To Address Domestic Violence During Coronavirus
Understanding the importance of addressing domestic violence during the coronavirus, several countries have taken a number of measures to try and mitigate the issue:
Funding for Support Services
France has dedicated a million Euros to providing support services to victims of domestic violence. Additionally, the Italian and French governments have proposed that the European Union include steps to mitigate domestic violence during COVID-19, as part of an emergency support package provided to all member countries.
Awareness Campaigns
These campaigns are intended to provide guidance to domestic violence victims and aware them regarding the available support and options. Portugal, for instance, has distributed informative flyers across the country, and run social media campaigns through multiple channels.
Frontline Workers’ Training
People employed in essential services, such as supermarkets or pharmacies, have learned how to help domestic violence victims seeking assistance. Across Greece and Spain, ‘Mask-19’ has been adopted as a codeword for domestic violence during coronavirus.
What To Do When Falsely Accused Of Domestic Violence During The Lockdown
It is true that the lockdown has led to a sharp spike in the number of domestic violence cases. However, certain women (and men) will try to manipulate the situation to falsely accuse their partner of domestic abuse.
A false accusation of domestic violence might come as a shock to you, but swift action is crucial to ensure the elimination of the accusation, as well as mitigation of any associated consequences.
As the wrongly accused party, it is crucial to hire a lawyer before you do anything else. Proving innocence in a domestic abuse case can be tricky and tough, and the earlier the lawyer starts developing a defense, the higher the probability of success.
Building up a sturdy defense could include bringing in an expert witness into the scene who could explain certain bits of incriminating evidence, or prove that the bruises or other damages were not the results of violence inflicted by the accused party.
The victim’s medical evidence is also important, as it would allow the legal team to dispute the location or timing of the evident damage. In order to have a real shot at victory, the lawyer needs to attack the case from multiple angles.
The second step would be to reduce the damage that the charges and the possible court case might inflict. Character witnesses come into play here, as they can vouch for the accused’s character.
They can also help establish how the alleged party could not have caused the violence he/she is being accused of, due to a variety of reasons.
All the defense needs to do is plant reasonable doubt within the judge/jury’s mind(s), and a domestic violence attorney can help you do that.
This article highlights the link between the lockdowns and an increase in domestic violence during coronavirus, possible steps that could be taken to reduce domestic violence under the circumstances, and how to proceed in case you have been incorrectly charged with domestic abuse.
A lot has changed since the country has been shut down and has been dealing with the coronavirus pandemic. In California, the courts acknowledged that individuals who are sentenced to prison or jail are at-high risk of being exposed to and then infected with the virus.
To minimize the number of people in the jail system who could get the virus and potentially die from it, a statewide rule was issued lowering the cost of California bail and even assigning no costly bail to those arrested for misdemeanor and low-level felonies. This effort is intended to keep people with lesser crimes safe from exposure by not having them sit in prison while they await their court date.
Some say that prosecutors are not complying with the bill or working around it which has led to many who were eligible for release, still waiting in jail. Those who are convicted of violent and serious felonies such as murder or assault with a deadly weapon and those charged with sexual assault crimes do not qualify for Zero Bail provisions.
Additionally, the following crimes will also not benefit from Zero Bail:
Resisting an executive officer
Protective or stay away order violation
Domestic violence
Restraining order violations for violent threats or harm against the protected party
Stalking
Driving under the influence
Driving under the influence and causing injury
Any offense requiring registering under Sexual Assault Type Offenses – 290(c)
Felon in possession of a firearm
What Is The Controversy Over Zero Bail?
Those that are proponents of Zero Bail believe that the intent of the rule is to protect the population from COVID-19, even those who have been arrested. However, there are cases where prosecutors are engaging in tricky tactics to either completely ignore the rule and simply not comply or are upping the charges to higher crimes that don’t qualify for Zero Bail.
For example, those who are arrested for minor stealing are seeing several California district attorneys elevating the charges to felony looting. Felony looting excludes the individual to obtain Zero Bail. Individuals that should be eligible for Zero Bail are not being fairly represented and even charged with much higher bail than necessary.
The opposition argues that arresting defendants who know they won’t go to jail, just go back out on the streets and continue to commit more crimes. Officers are continually in a cycle of arresting individuals and then after they are released, having to arrest them multiple times because they are not detained.
This is not only discouraging for law enforcement but also puts the public at an increased risk of being victimized. It also causes those who have already been victimized to feel like they have been forgotten by the police.
Where Can You Find A Criminal Defense Lawyer In Los Angeles?
If you have been convicted of a low-level crime and need legal representation that will fight to protect your rights, the aggressive and experienced Los Angeles criminal defense attorneys at the Manshoory Law Group, APC will help you see the most favorable outcome.
The California criminal defense attorneys at the Manshoory Law Group, APC have extensive experience helping our clients lower their charges or eliminate them.
Call the Manshoory Law Group, APC anytime day or night at 877-977-7750 to discuss your situation with one of our resourceful Southern California criminal defense attorneys.
The rules for legal immigration to the United States are strict. Because the United States has an abundance of law-abiding people waiting for approval to legally immigrate and they don’t want to import individuals who will cause problems, breaking the law has consequences.
While it would certainly be better to understand the DUI and immigration consequences before you decide to drink and drive, compounding the mistake by not seeking legal assistance isn’t wise. Understanding a DUI and immigration status implications of being charged is important to consider right away. Your defenses may dwindle if you delay.
If you are planning to apply for citizenship, you must provide details about your entire criminal history, including charges that are dropped or dismissed. Failure to disclose the full and complete information on your N-400 application can lead to dismissal or outright rejection of your application. So, being arrested for a DUI can affect your immigration status.
The N-400 application asks, “Have you EVER been arrested, detained, or cited by the police or any other law enforcement officer?” If the answer is yes, you will be required to bring documentation of the disposition of every instance to your interview for all arrests and detentions, even if the records were expunged or a plea bargain reduced the charges. The copies must be original certified copies to avoid delays.
Crimes of moral turpitude are significant when it comes to immigration matters. Recklessness has been deemed a “culpable mental state if it entails a conscious disregard of a substantial and unjustifiable risk posed by one’s conduct.”(26 I&N Dec. 464 (BIA 2015) Choosing to drive while the ability to drive is impaired by alcohol has been deemed reckless behavior in more than one case.
Can a DUI Effect on Green Card?
If you were planning to apply for naturalization, you’ll want to wait for five years after being charged with a DUI. Although your criminal history over the past five years is the primary consideration when you apply for naturalization, your entire criminal history must be disclosed.
If your green card renewal period is within the next few years, you should consult an immigration attorney for advice.
Also, if your DUI involves serious bodily injuries that result in your being sentenced to more than six months in jail or prison, the DUI effect on green card can be serious.
If this is not your first DUI, or you have other charges associated with the DUI or even unrelated charges, removal proceedings may begin as the result of the DUI.
Being charged with an “Under 21 DUI” has more serious DUI and immigration consequences than a DUI at older ages since California has a “Zero Tolerance” law for underage drinking. Because consuming alcohol when you are underage is illegal, your driving does not have to be impaired for you to be charged. Testing positive for any alcohol in your system is sufficient to be charged with an underage DUI.
Can You Get Deported for a DUI?
If you have a green card, driving while under the influence of alcohol or drugs can you get deported for a DUI if you panic and flee the scene of an accident where you caused serious bodily injury or death. If you aren’t involved in an accident associated with your DUI, the DUI effect on your green card will be non-existent unless you’re a habitual drunkard.
If you are not a permanent resident, the law can get you deported for a DUI not involving a felony conviction, or result in re-entry being denied, or refusal to renew a visa.
A conviction under Section 101(a)(48) of the Immigration and Nationality Act defines a “conviction” broadly. It is important to have experienced help. DUI and immigration consequences are complex topics that require knowledge of someone with experience in these matters.
Your plea and the charges you’re convicted of can affect your visa or lead to you being deported. Hiring a Los Angeles DUI attorney to assist you with the charges is important to the outcome of your case.
Definitions of Human Trafficking and Sexual Exploitation
Human trafficking can involve forced labor and involuntary servitude without sexual exploitation; however, this article focuses on aspects of technology and human trafficking that involve sexual exploitation. Sexual exploitation involves sex trafficking by force, fraud, deception, the force of threats, abduction, abuse of power, or coercion that involves a commercial sex act.
18 U.S.C. § 1591 calls for a life sentence for sexual exploitation crimes involving minors under age 14; 40 years for crimes involving minors over 14 and under 18 years old. Sexual exploitation of adults is charged under 18 U.S.C. § 1589 with punishment beginning at 20 years and increasing up to life sentences if death occurs, kidnapping is involved, or aggravated sexual abuse is attempted or occurs.
Sexual exploitation typically involves forced prostitution, pornography, or stripping. It is important to note that human trafficking does not require transporting someone across the county, state, or international borders.
What is Online Human Trafficking?
Just like honest businesses, human traffickers find online recruitment and marketing efforts more efficient than other methods of finding victims and customers.
Human trafficking online begins with a lie. Messages to vulnerable people quickly help traffickers identify those who are willing to engage in further conversations with strangers on the internet. Children who post about trouble with their parents can be easy prey.
How Do Human Traffickers Use Technology?
Technology and human trafficking are paired with each innovation. Illegal operators adopt new technology quickly from chat rooms and smart phones to video surveillance and money transfer and bitcoins. Human trafficking technology can be used to identify potential victims and facilitate connections between customers. Early adopters adopt human trafficking technology before lawmakers and enforcers understand how they fit together.
Criminals use human trafficking online technology for a variety of purposes including:
Maintaining anonymity while conducting criminal activities
Move cryptocurrency and other anonymous financial transactions
Recruit victims
Access information that facilitates in identifying and abducting victims
Sell victims for sex
To sell recordings or live streams of victims in sex acts
Monitor victims with video surveillance
Coerce victims with threats of exposing recordings
Advertise the availability of their victims for sexual exploitation
Not all technology used for human trafficking is done online. Tracking devices have been placed on automobiles that allow traffickers to follow unsuspecting victims to provide opportunities to kidnap them.
How to Protect Yourself From Human Traffickers
Being vigilant and aware, trusting your instincts, and being prepared to defend yourself are all important ways you can protect yourself. Manage your internet settings to restrict your posts from being seen by anyone other than your friends and set your location settings to private. Be mindful of how much information you give away. Data aggregation technology allows someone to find the location and other private details that feel safe to post on their own, but in combination with other posts, make you easy to find. For example, the date of your prom and homecoming game can be used to identify your school.
Trust your instincts. Lonely people and those with desperate financial needs can make easy targets. Don’t trust solutions that come too easily without independently verifying the information.
Some traffickers will learn about your troubles online and then meet you in person, seemingly by chance, dangling a solution that is a trap. Overseas jobs, farm labor and modeling jobs, and other “opportunities” are used to entice victims. Big profits can be earned from trafficking victims. Perpetrators can be male or female. They are motivated by money, not sex.
Use caution. Be prepared to defend yourself and call out for help if you feel threatened. While it is not always necessary or desirable to travel or shop with friends, not being alone is safer than being alone. Also let someone know where you’re going and when you expect to be home, even if you live alone.
Keep your faculties about you. Using mind-altering drugs and alcohol increases the risk of abduction.
If you plan to meet someone from the internet, to buy or sell something or to date, meet in a public place and send their photo to someone who is expecting it. Having their photograph can help law enforcement if the worst occurs.
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