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.
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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.
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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!
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.
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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