Non-Citizen Defendant DUI Case Dismissed After Deportation

Carolina Martin Ramos

Case Conclusion Date:January 1, 2011

Practice Area:Immigration

Outcome:all charges dismissed

Description:I successfully persuaded state criminal court to quash bench warrants issued & dismiss DUI case after non-citizen defendant was deported. Through brief and motions I successfully showed court that the State should have prevented deportation of client by gaining a departure control order. I argued that issuance of a bench warrant for defendant taken into federal custody & deported would violate defendant's fundamental rights to due process & equal protection. Since the District Attorney's Office had not attempted to transport the defendant to state custody and didn't use state's powers to prevent deportation, the court dismissed the charges.