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Nafiz M Ahmed

Nafiz Ahmed’s Answers

5 total

  • Is there a need to expunge my criminal record if the case was dismissed?

    I had a misdemeanor charge for embezzlement by an employee. I was never arrested but went to court where I pled no contest. I was asked to complete a course and with this completion my case was dismissed. However, I cannot find a job desp...

    Nafiz’s Answer

    It sounds like you received a Deferred Entry of Judgment (DEJ). DEJ allows you to avoid ever having the conviction show up on your record if you successfully complete the terms of your DEJ (whatever the judge in your county told you that you had to do) for the time period that your sentence was diverted. Assuming that you did not receive any new criminal cases during the DEJ time period and that you succesfully completed your DEJ then you should have NO RECORD of the conviction.

    But, if your employer searched local county records, i.e., a docket of your case from the court, they can see that you had a case that charged embezzlement and that it was diverted.

    Therefore, unless your employers are searching local records, it is quite possible that this case has not affected your ability to get a job.

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  • How do ice check or search for illegal aliens? is it through a conviction or criminal case or even a case of overstaying.?

    if your application for an E2 visa was denied? how many days will you have to stay in the U.S. and would you be subject to deportation and search by the I.C.E?

    Nafiz’s Answer

    In a criminal law context, the most common way that a person can be discovered by the Immigration and Customs Enforcement (I.C.E.) and be subject to deportation proceedings is by getting arrested or placed in county jail. Generally, when an inmate is screened by the local jail at intake the Sheriff will determine whether that person has a lawful status in order to be in the United States. If that person does not, then the Sheriff will notify I.C.E.

    If your E2 visa was denied, what you should do is contact an immigration attorney to discuss your specific case and whether you can somehow lawfully stay within the United States. Your prompt action is advised here, because you can subject to criminal penalty and deportation for unlawfully residing in the United States.

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  • 19 year old Santa barbara student. felony DUI now What?

    My cousin was turning right and went over centerline and hit/was hit by oncoming car then spun and hit a telephone pole. 5 people were in my cousins car (only 4 seatbelts) no major injuries that we know of. What should she expect? Any chance that ...

    Nafiz’s Answer

    In order for the District Attorney to prove the felony DUI charge, the District Attorney needs to show that the accident was the result of your cousin driving while under the influence of alcohol or drugs. The fact that there are no major injuries is helpful to your cousin's case. This fact may weigh in favor of your cousin receiving a misdemeanor DUI with injury as opposed to a felony DUI with injury.

    However, there are many other factors that will ultimately determine whether the charge is a felony or misdemeanor, i.e., level of your cousin's intoxication and the level of wantoness associated with her manner of her driving.

    Your cousin should hire an attorney right away so that her attorney can hire an investigator to identify potential witnesses and determine whether or not to hire an accident reconstruction specialist, i.e., to find out whether the oncoming car was at fault for the accident.

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  • GOT A DUI IM A MINOR 19 years old had some questions and some thing im not sure about sorry about the typing

    first iam not sure since it was my first time ever being arrested but i think i was already out of my car when the cop told me to get back in i did not get my miranda rights read to me i didnt no i was even under aresst until i asked tehy asked if...

    Nafiz’s Answer

    The first thing that you want to do is to photograph the bruises that you have. Then you need to determine when was it that you sustained the injuries to your hands. Was it during handcuffing? Were you asked any questions after the officer(s) grabbed your hands? If yes, these questions and answers may be kept out of evidence as a violation of your Miranda rights.

    In 1984 the United States Supreme Court in Berkemer v. McCarty (1984) 468 U.S. 420 held that Miranda rights did not need to be read in a very limited situation, i.e., almost immediately after a DUI stop where the officer had the defendant perform just one field sobriety test.

    District Attorneys and judges have vastly expanded the Berkemer to allow the present day reality of highly trained officers (i.e., California Highway Patrol and others) asking the suspected DUI driver a series of 21 questions geared to eliciting incriminating responses.

    You need immediate representation by an agrresive DUI attorney to preserve your exculpatory evidence and to prepare a succesful defense.

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  • If I've been deported from one state. I go to another state and get a DUI can the D.A check for prior DUIs or deportation?

    I was deported from one state. Came back to start again in another state. Tried to stay under the radar but unfortunately got a DUI in the new state was arrested and released. I'm worried if I go to my court date for the DUI they will discover I a...

    Nafiz’s Answer

    It sounds like you have a second DUI within ten years. But, before you conclude that you have a second DUI in ten years, you need to have a DUI defense attorney examine whether your prior DUI conviction actually counts as a prior DUI in the state that you received your most current DUI (presumably CA).

    The significance of whether you have a first or second DUI and the length of time that you take before you make an appearance in court is related to whether or not you are remanded into custody upon showing up to court (and having bail set), or whether the judge will release you on your Own Recongizance or Supervised Own Recognizance.

    A local DUI defense attorney can advise you as to whether he or she can appear on your behalf in court at your arraignment without you having to be present. Some counties require you to be present at arraignment so that they can place you on Supervised Own Recognizance if you have a high B.A.C. allegation in the Complaint (i.e., a .15 B.A.C. or higher).

    If you are remanded into custody or picked up on a warrant for a failure to appear (FTA) then you are very likely to get an immigration hold by the Immigrations and Customs Enforcement (formerly INS). In that event, you can be taken to federal court to face deportation proceedings.

    But, if you remain out of custody, it is quite possible that the District Attorney will never know that you do not have a lawful status and therefore not inform ICE about you.

    I advise you to contact a DUI defense attorney before you decide to skip the state.

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