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Sunil K Raju

Sunil Raju’s Answers

47 total

  • Filing form I-751 Remove conditions on green card and being on probation for first DUI?

    Will being on probation for their first DUI with Reckless driving and with a suspended license effect the removal of conditions with form I-751 if the probation or suspension has not been completed? Person was arrested and is being charged with 3...

    Sunil’s Answer

    This scenario presents questions related to criminal law, as well as immigration law.

    It would be prudent to approach this as you would a medical case where the patient had issues with their heart and their brain. Such a patient would want to consult both a heart specialist and a brain specialist. Yes, some physicians have training in both, but generally it is going to be very difficult to find some one who is fabulous at both.

    Attorneys are the same--find a criminal attorney you really trust, and separately find an immigration attorney you trust as well, to ensure you get proper legal counsel.

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  • Does the Oregon's Diversion program allows Parole officers or case managers to show announced to my house for inspections?

    I like to drink wine with my meals, but I am worried that my legal rights will affect my wife's Diversion program, if for instance: the Parole officer decides to come into our house for a search and finds that we have a wine collection and other s...

    Sunil’s Answer

    The best way to look at this is to use common sense and risk management.

    Risk management suggests that, if law enforcement came across a situation where your wife has access to alcohol, a police officer may try to use it against her (whether they are actually correct or not is a different question).

    The real question is whether you and your wife would want to spend time and energy dealing with the police if they came across such a situation. It would be prudent to create a situation which, if the police were to come into contact with your wife, put tend to make it difficult for the police to pin anything on her.

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  • How do I get charges off my record that I was never convicted of

    I was given a ticket for theft 1 when I went to court I was offered diverson I refused decided to leave it up to a jury to decide. they said there was enough circumstantial evidence to convict me I asked for discovery they produced nothing it neve...

    Sunil’s Answer

    You should really consider consulting an attorney on two issues: how you can clear your record; do you have any ability to sue civilly.

    An attorney would need to understand the exact details of what happened with the Theft I case before providing you with legal advice. If you want solid advice from an attorney, you really should hire somebody, meet with them, and have them do some footwork to make sure you are protected.

    You may be in a situation where you could still be charged and prosecuted, it happens all the time, you should really be careful how you proceed. Good luck.

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  • Can fred meyer fire me?

    I received a DUI a little over a year ago. I went through diversion and paid my fines. About a year afterward I was witness to a domestic dispute and in turn game the officer my name. Found out I never went to my final court date to finalize every...

    Sunil’s Answer

    This is a situation where your DUI (a criminal act) has potential consequences for your job (employment law).

    A skilled attorney can work with you to understand exactly what your rights are, and help you pursue your goals.

    There may be ways to protect your job, but it depends on the details.

    Good luck.

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  • How often can a trial get setback and what right does the inmate has

    well the judge has ruled that it was too many setbacks on the trial and that specifically wasn't going to be changed and when it was time to go to court to pick the jury it go setback another year because the witness wasn't ready the witness hasn'...

    Sunil’s Answer

    There is no magic number for how often a trial can be reset.

    That said, there are a number of factors that a judge will often focus on, such as the nature of the charge, if there are any personal victims, whether the defendant is in custody, how long the case has been pending.

    A criminal defendant has a right to a speedy trial, and a criminal defense attorney can help you get a case tossed if the defendant's right to a speedy trial has been violated.

    Good luck.

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  • Got into trouble 10 years ago have a misdemeanor warrant for PCS 2 cleaned my act up after that just want to quash warrant how?

    It's 10 days in jail can't I just pay money instead of losing it by not being able to provide for my family!

    Sunil’s Answer

    Congratulations to you for cleaning up your act and providing for your family. This is huge.

    What you really need to do is simplify the situation for yourself: Do you want to deal with the arrest warrant on your own terms? Or, do you want to just leave it out there, so that you will be forced to deal with under circumstances that will interrupt your life randomly? You should assume that the arrest warrant did not just disappear.

    A skilled criminal defense attorney will take steps to help you resolve the arrest warrant on the best terms possible, and help you protect what matters to you the most.

    Good luck.

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  • What are the likely consequences for a second DUI offender?

    The first DUI offense was a DUI accident 9 1/2 years ago and the other party was injured. The second offense involved an accident and reckless endangerment and is awaiting trial. Time has been served upon arrest. What kind of sentencing/convict...

    Sunil’s Answer

    There are some big things to worry about for a person with multiple DUI's: a significant jail sanction; not being able to serve jail in a low key way (e.g., at a work release center); a driver's license suspension that may be longer than the usual suspension; higher mandatory fines.

    An experienced defense attorney can help you review the case and do everything possible to get the case resolved as smoothly as possible.

    If you have had a prior criminal case and had a defense attorney, then you know that you get what you pay for. You should find an attorney who you are comfortable with as soon as possible, to help you do everything possible to protect your interests. Good luck.

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  • DUI and Temporary Emergency Custody

    Would a judge be likely to issue Temporary Emergency Custody based on a DUI accident and BAC of .35 and history of DUI?

    Sunil’s Answer

    It sounds like you are concerned about legal issues in two areas: family law, and criminal law.

    Whether a judge will issue a temporary emergency custody order will depend on the exact information presented to the judge. That said, I think that the other parent has pretty good ammunition to try to get a temporary emergency custody.

    You (or the person charged, if it is somebody else) need to consult an attorney if you are concerned. This is something that involves a very high stress situation, and which you want to get right the first time. Good luck.

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  • What is the penalty for lying to the cops, then telling the truth shortly after?

    I was with my friend and he was very drunk while I had only a couple beers, we are both barely underage and when a cop stopped us while walking home. He was being incredibly intimidating and yelling and being beyond unreasonable and had me scared ...

    Sunil’s Answer

    There are certain situations where a person can be charged for lying to police. It really depends on the facts. If you are concerned about getting in trouble, you need to consult an attorney, who will help you be confident that you have nothing to worry about, or at least have somebody to guide you if you should be concerned.

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