If I was arrested for a DUI, but haven't yet been convicted or sentenced, will it affect my Deferred Action application?

Asked over 1 year ago - Garden Grove, CA

I was arrested for a DUI, got a lawyer, and plead not guilty, my lawyer is putting off the sentencing/conviction as long as possible so I can apply to the deferred act, so if I haven't yet been found guilty or sentenced of said DUI, will it still count against me while they are reviewing my case, or will it not matter since I haven't been yet found guilty? My lawyer can put the sentencing off until after my application has been approved or denied.

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have an attorney.

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Robert Roman

    Contributor Level 5

    6

    Lawyers agree

    Answered . If you have a lawyer, and you trust his judgment, follow his/her advise. If you doubt what you are being told, than change lawyers! You are fishing! There are no fish in this pond! Good luck!

  3. Tai Christopher Bogan

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Speak to an immigration attorney. This area of law is very new. If you already applied for deferred action and your application gets denied you will be subject to deportation. Your lawyer may have the answers you are looking for. If he or she does not ask them to refer you to an immigration attorney. If they do not have a referral for you, then find your own immigration attorney.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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