Can my request for deferred action be denied if I was convicted of a felony and ordered to do community service, then my charge was dropped to a misdemeanor and once my probation and community service was completed, they dropped the misdemeanor as...
Any felony conviction will cause you to be denied Deferred Action. However, if the conviction was for misdemeanor only specific misdemeanors allow would cause you to be denied. Otherwise multiple simple misdemeanors will have the same result.
Your facts are unclear. But if you were convicted of a felony and later it was changed because of good behavior there is a good chance you will still be denied. However, if the felony was reduced to misdemeanor, and it is NOT a significant misdemeanor (there is a list) then that conviction might not cause a denial.
This is very sensitive and you MUST seek the help of an experienced Immigration Attorney. Not just a criminal defense attorney. Denial due to criminal convictions may lead to deportation so be very careful.See question
I dont think the judge is following family law guidlines. Here is my second issue: I think there is a bias issue in family court. I was awarded my home in the MSA in 2011. I put a clause in the MSA that if I default on the loan that he has first...
There are options but first an accusation of bias will need to be proven. To make such an accusation without proof can be detrimental and at minimum distract you from the real issues at hand.
Second in order to get the best possible results you need to be very clear (with yourself or attorney) as to the facts and what you wish to obtain. With that in mind an experienced attorney can give you advice on the likelihood of success or help guide you to a resolution that will get you closer to the results you desire.See question
...but nowhere in the court order does it state anything about not being allowed telephone communication, can you still call your children in between visits to talk to them? Their father is trying to say that it's a violation of the court order f...
As indicated above here in Fresno the orders will include a section for telephonic communication. Also it may include a section where the non custodial parent has a right to be kept informed as to the child's welfare.
However, if that is not in the current orders it would appear that the accusations are severe. I highly recommend that you hire an attorney to help you work through this difficult situation. A path toward more contact may be set forth for you with the assistance of an attorney.See question
My boyfriend is in prison for lewd acts with a minor, no sex involved. A teen girl at a party back when he turned 21. His time is almost served but my fear is my child's father will file papers against me to keep my child from me even tho his rece...
The consideration a judge will always have to make is the child's safety. The soon-to-be-released boyfriend may very well be enough for a judge to believe that the child will not be safe in your home. As unfair as this may seem to you remember that the judge must always attempt to error on the side of caution for the protection of the child. If the child's father has issues of his own that a judge may deem unsafe for the child then it is possible that the child would be more safe with a third party. Your best option is to leave your boyfriend as indicated above and also to hire an attorney.See question
The reason this happen because my case worker call cps on me.
As stated above the information is lacking to give full answer. But since CPS is involved it is of utmost importance that you retain an attorney as soon as possible. Not knowing the specifics I can not speak to your case. But generally, when CPS is involved or even when custody is granted solely to one parent there are concerns regarding the safety of the child or children while in the care of the non custodial parent. Now these allegations may very well not be true however once lodged it is up to you to proof that they are wrong. The court will tend to want to error on the side of caution in favor of protecting the child. SO it is up to the "accused" parent to prove that these accusations are inaccurate. Again, it is time to hire an attorney. Good luckSee question
I just received the mediation report from family court services. There are areas of the report that I agree with and some that I would like to dispute. What do I title my document and how to do I go about responding to the mediation report with my...
In family law the best and fastest way to get through something is for the parties to work it out. Obviously that is what mediation intended to do. And it appears that you did not agree with the other party and also with the mediator's recommendation. If that is the case one last attempt can be made prior to the next hearing, meaning if you think that the temper or hard feelings have subsided to the extent that a more level headed mind can prevail it is worth reaching out to the other party and settling your differences. Please forgive me if this sounds dumb and unnecessary given where you two are. But it is always a good starting point (or return to point) for the parties to settle with each other. Otherwise you may need to request a contested hearing. Where you will be allowed to put forth testimony and other evidence that would tend to convince the judge why your proposal is the best solution. Usually an experienced attorney will be better at handling this. If it is getting to the point where you will need to fight to obtain what you think is best it may be time to bring in an attorney. Best wishes.See question
I had only 0.04% alcohol (blood tests came later). I honestly believe I was subject to racial profiling. The DA refused to file charges. DMV set the case aside without hearing. The PD agreed to seal the arrest records. So, nothing ever happene...
While I agree with my colleagues that simply having a BAC below .08 does not prevent them from conducting a DUI arrest. It is important to know that at every level of conduct from the police they have a different threshold. There is a threshold for them to initiate the stop, yet another to conduct a search and yet another much higher one to conduct an arrest.
The facts you have listed above do not indicate for what reason or based on what facts they conducted the arrest. It would be important to have an experienced aggressive criminal defense attorney review your case (including police report). To determine if the police had sufficient evidence to justify an arrest.
The information above is not intended to create an attorney client relationship.See question
We stop by McDonald around 230am to buy food. My friends in the back seat sell at the machine and order 2 $1 burger. On the exit of the drive-thru, the officer wave us down. Didn't tell me the reason why he wave me down or anything.
PC is an absolute requirement before the DA can move forward with their case. It is their duty to show that there was probable cause for the stop.
The facts as you have listed them would seem to indicate that there was no probable cause. However, it is also very important to know exactly what is in the police report, if the officer bothered to fill one out. It is not uncommon for officers to do a spotty job documenting why they initiate the stop in the first place. Again this is crucial for the the DA to move forward.
It is extremely important that you contact an attorney ASAP. Only an experienced DUI attorney that is aggressive will know what to look for and also how to hold the DA responsible for proving their case.See question
So this is my second dui and I have done the house arrest, signed up for the 18 month program, and have been making the payments on my fines but I forgot to complete the MADD impact panel on time.My 60 days to do it just ended yesterday and I went...
I agree with my colleague. It will depend on the judge. A lot of judges, IF you show that have made progress, will show some leniency. Meaning that they will understand inadvertent mistake. Given all that you have done and any other distraction life may be throwing at you.
You want to be honest yet not seem like you are making excuses. Maybe something as simple as "I missed it by one day, I came here to request an extension the very next day. I have complied with all other requirements. Now I am fully committed to staying on track with this requirement too"
Something along the lines of that may work. Good luck.
The statements above do not create an attorney client relationship.See question
At my renewal appointment, the officer said I needed the disposition of a past DUI conviction. I was able to get the disposition updated and included this with a request for reconsideration with The Sentri Ombudsman. My renewal request was still...
The SENTRI program is reserved for individuals who voluntarily undergo an intensive background check to verify their low-risk status. There is a bar for individuals who have ANY convictions.
While there are special considerations for DUI convictions that are more than 10 years old and their effect on future DUI. These considerations do not seem to apply to the SENTRI program and thus the DUI will not age out for purposes of this program.
The information above is for general purpose only and it does not establish a client attorney relationship.See question