Criminal Law 

Criminal Law

Crimmigration Inc., offers excellent representation of clients from arrest through post-sentencing, including conducting jury trials. When an individual is arrested they are overwhelmed, confused, and intimidated by the complexities of the criminal justice system.

At this point they have the 5th amendment constitutional right, which protects them from being deprived of life, liberty or property without due process of law. This includes the right to remain silent and not incriminate oneself.

Under the 6th amendment of the constitution, they are entitled to ask and consult with a lawyer. These constitutional amendments are in place to protect individual from being subject to abuse by government authority. Our attorneys are able to help you through this the complicated process and provide you with competent advice.

Whether the case is a simple theft or a more complex battery we are able to help you. After the arrest, a person is brought to court and arraigned on the charges. At this point they are informed, through a criminal complaint that the prosecution has filed what crimes they are being accused of. At this point we are able to appear in court with and are able to fully and completely advise our clients about the charges, the elements of the crime, strengths and weakness of their case, and any possible defenses so they are better able to evaluate different options and attain the best possible result. Additionally, after investigating the issues, if we discover inappropriate police conduct or other defenses we will file the appropriate pre-trial motions to have your case dismissed without going to trial.

Expungements

For individuals who have a past conviction we can help you by filing an expungement. An expungement is a way to clean up your criminal record. Misdemeanors, as well as some felony offenses can be expunged.

An expungement is done through filing a petition with the court. The petition is to have the case reopened so that an individual is able to withdraw a guilty plea that they had previously made. After the withdrawal of the guilty plea, the person no longer has a conviction. However, the case record will still exist, and the arrest will still be there, but the outcome of the case will indicate that the conviction was dismissed in the interest of justice. In effect, after this process, you are no longer a convicted person.

Having a criminal conviction expunged is particularly helpful when an individual is applying for employment. When applying for employment, employers may only ask you about convictions. An expungement will help individuals in seeking employment, because they no longer have a conviction only arrest on their records. Thus, if asked by a potential employer whether or not they have had a criminal conviction in the past, they are able to truthfully answer that they have not been convicted of a crime. It is important to keep in mind that the arrest record will still appear in an individual’s criminal record. In accordance with the California Labor Code, employers can not ask or consider information about arrests that did not result in a conviction for employment purposes.

DUI/Traffic Violations

A Driving Under the Influence case can be complicated as there are typically two simultaneous hearings, one administrative hearing with the DMV and a separate criminal case. There are also many requirements that a person has to comply with, making the process even more complicated. Often times an individual is required to serve jail time, pay a high fine, and install an ignition interlock devise.

It is important to remember that once an individual is cited for a DUI charge, they are given a thirty-day temporary license to use. At the end of that time their license will remain suspended, pending their DUI case for up to six months. If a person wants to contest the suspension, they are entitled to have a DMV hearing on the issue, but they MUST request the administrative hearing with the DMV within 10 days of receiving their citation, or else they forfeit their right to have one.

Vehicle Code Section 23152 (Link) makes it a crime to drive under the influence of alcohol or drugs. Subsection (a) makes it unlawful for anyone to drive, while under the influence of alcohol, drugs or both.

Under subsection (b) it is unlawful for any person, who has a 0.08% or more, by weight of alcohol in his/ her blood to drive a motor vehicle. This count of the statute is easier to prove because if an individual’s blood alcohol concentration is 0.08% or higher, they are considered “legally drunk”. The person does not need to exhibit any signs of being under the influence to be charged with this subsection of the statute and can receive a DUI conviction.

At Crimmigration we can help make the process easier for you by. Having worked on more than a hundred DUI cases we can help you reach the best possible solution, whether it be resolving the case, or to taking the case to trial.

Domestic Violence

Domestic Violence charges are serious and can be hard to get through. The alleged victim, many times is a close friend, or spouse making the processes emotionally draining.

A temporary restraining order (TRO) is a provisional injunction, which can be awarded against you and can have serious repercussion on you legal rights such as child visitation, custody and equal division of marital property upon divorce. It is a court order that an individual must obey. It does not matter that the person, who is protected by the TRO, wants and consents to contact with you. An individual is still required to follow the TRO. If the protected person does want to contact, he or she would have to petition the court to remove the TRO before it becomes lawful for an individual to contact the protected individual.

Moreover a violation of a TRO, can also lead to criminal charges. A TRO can jeopardize your ability to keep your family life intact. Therefore, if you are served with a notice of TRO you may want to contact our office immediately to avoid the negative repercussions of the restraining order; we will pay attention to minute details of your case and be zealous advocates for you in court.

At Crimmigration we have experience in dealing with both criminal and civil charges of Domestic Violence and can better assist you through the process. Domestic violence crimes are taken very seriously and can lead to the initiation of removal proceedings for individuals that are not US citizens. We are able to properly advise you as to your immigration status and how a conviction for Domestic Violence may affect your stay.