QUESTION

What would now happen to my DUI's given my situation?

Asked on Sep 19th, 2012 on DUI/DWI - Arizona
More details to this question:
I have 2 DUI's one on 2007 the other on 2010, Iโ€™m 26 and been here since I was 5, graduated High school, Iโ€™ve only gotten in trouble legal wise those 2 times, Iโ€™m a gay male and contracted the virus. Havenโ€™t attended DUI court because I was transferred from California to Arizona ICE, because Iโ€™m afraid of going to jail and being deported, Iโ€™m taking medication, my first DUI was a wet reckless second one havenโ€™t is pending, I have (male) domestic partner with a citizen. Parents donโ€™t have a legal status either.
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Criminal Evaluation* At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the U.S.. My firm can prepare the necessary Criminal Evaluation which will document to you and the Criminal Attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings. Attorney Fees (Filing Fees and Costs not included).
Answered on Sep 28th, 2012 at 11:42 PM

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You can get out of your classes if you write to the DMV and let them know you live out of state and will be out of state over 3 years. I don't know about AZ, but with their politics I would be concerned with their policies towards immigration. Talk to a lawyer there.
Answered on Sep 27th, 2012 at 11:06 PM

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Michael Paul Vollandt
ICE may try to deport you. The 2nd DUI is a violation on the first wet reckless. You will usually get between 30 and 45 days in jail. ICE is the problem. If you are about to be deported try to get all of your cases made to be terminal dispositions so you to not have any probation. Usually a term of probation for a person facing deportation is that they do not reenter into the US. unless there are in legal and if that happens then probation will be changed into some kind of probation terms.
Answered on Sep 21st, 2012 at 10:32 PM

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DUI Defense Attorney serving Phoenix, AZ
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I am sorry to hear about your situation. If this is now your third DUI it is most likely charged as a felony. You need to hire a criminal defense lawyer. You also need to retain an immigration attorney. This team of lawyers can work together to best resolve your case. If you are charged with a third DUI within 84 months you may not be deported because it is not a crime involving moral turpitude. The problem is, if you are incarcerated, and you have an ICE hold, you will be taken to Florence on immigration proceedings and you will need an immigration lawyer to assist you.
Answered on Sep 21st, 2012 at 10:31 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Your personal lifestyle and its consequences has nothing to do with defending a criminal charge, nor is your fear an excuse for not properly dealing with cases. Your post is not clear, but if you are saying you have a prior DUI conviction and a new DUI that you never went to court on, then you have an arrest warrant out for you. If you are also saying you are an illegal immigrant, you face potential deportation upon conviction of any crime. To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. You'll try to negotiate a recall of the warrant[s] and bail reduction or OR release. You'll try to negotiate a plea bargain on any Failure to Appear charge. You'll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
Answered on Sep 21st, 2012 at 10:31 PM

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