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DUI and immigration advice

Bakersfield, CA |

My uncle has car accident yesterday it wasn't he's fault but he drink some beers before the accident it got arrested unfortunally he don't have documents he's illegal he have a deportation and have court this Monday and we don't know what to do? There is any way we can't stop the deportation he has two brother they are residents but don't have any other family with documents. Any advice will help a lot thank you so much for you time and answers...

Attorney Answers 5


  1. Best answer

    The uncle is in a predicament: he has a pending criminal case an a removal case. Your uncle needs both California licensed criminal defense counsel and an immigration attorney to work closely to protect his rights.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. He NEEDS a local attorney to represent him. Best to start looking around now! The consequences are too severe for him to just go to court and see what happens.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. There are two issues that has to be addressed here; 1) Criminal charges: Since he is undocumented and most likely he is unlicensed, then he is facing several charges due to this accident. Of course severity of these charges will depend upon his prior criminal record.
    2) Removal proceedings: you stated that he was deported, if so ,then you certainly need an attorney to evaluate and see what options your uncle may have as you have not put enough facts to assess his situation properly.
    Please note that he will be appointed a public defender with regards to his criminal proceedings. However, any new convictions, should he plead guilty will work against him. In short he needs attorney that is competent both in criminal and immigration!


  4. Contact an experienced DUI and immigration attorney without delay. If you want to try and find one in your area here on AVVO select "Find a Lawyer" at the top of the page. Best of luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.


  5. Was he released from jail? He should have been. If not, you may want to think about bail. I doubt there would be an immigration hold.

    There are many important facts not brought up in your question, the biggest one being whether anyone was hurt in the accident.

    Your family should contact a LOCAL attorney. Most of us give free consultations, so all you have to lose is your time!

    Good luck. Se habla espanol.

    Law Office of Loren N. Kleier | 661.716-7777 | Loren@Kleierlaw.net These comments must not be considered legal advice. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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