Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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If you or a loved one has been arrested the stress can be enough, if you are undocumented then the case can be even more stressful and can have very scarey implications.  

Undocumented workers face a whole different level of possible complications from a DUI arrest.  Undocumented immigrants face possible problems of deportation any time they come into contact with Law Enforcement. 

The Immigration and Customes Service places a higher priority on deporting person with criminal records, a DUI arrest or conviction can hieghten chances of deportation considerably.  

HOW DOES ICE GET INVOLVED?

Even though a DUI is a local arrest do not get a false sense of security.  A DUI goes into a database shared by Law Enforcement including ICE and if you are arrested someoene from ICE can ask local law enforcement to come in and interview you and the local authorities will often provide them with the space and time to do just that.  Your best bet is to bail out as soon as possible this is your legal right and may save you from further problems.  

THE ARRESTING OFFICER

The arresting officer will sometimes will directly contact ICE depending on your status.  

COURT RECORDS

ICE officers often scan court records to determine if any people in there existing databases are on calendar or in any courts they then can come to court and take people into custody and have done this of course this depends on your status and is done on a case by case basis.  You must get legal advice before you first court date and even after your court date ICE agents can and sometimes do pay a visit to people in there database that are on the court calendar.  

WHICH IMMIGRANTS ARE TARGETED FOR DEPORTATION?

It used to be that ICE focused its efforts on toward undocumented immigrants that posed the "highest level of risk to the community" and did not focus on low priority.  High priority were usually people faced with the most serious crimes and those from "terrorist organizations"  however, president Trump recently signed legislation that has changed that focus. now people that have committed a public offense or that pose a risk to public safety are considered just as deportable and this is not a well written order and can be construed in many different ways and is often hard and difficult even for experienced Attorneys in this area to understand.  Therefore, a person that would not have been categorized as high risk in the past can now be considered high risk by an Immigration Officer. 

HOWEVER, JUST BECAUSE YOU ARE ARRESTED FOR A DUI DOES NOT MEAN YOU WILL BE DEPORTED

Being arrested while undocumented does not guarantee you will be deported the deportation process is costly and long and usually, the government will spend the money on more high priority cases.  And many times even if you are interviewed by ICE it does not mean that you will be deported many people are interviewed and then not deported and allowed to go home.  The problem is that ICE has been alerted to your presence in the country at a time yo may not be caught up in all of your paperwork this poses a problem. DUI is usually by iteself is not a deportable offense. however, the other circumstances surrounding your arrest and the alerting of ICE to your presence can be the problem.  

WHAT IF I HAVE A GREEN CARD OR VISA?

If you have a green card or a visa then you will be given additional protection usually you will not be deported unless multiple duis or drug duis or a dui with injury.

if you have further questions do not hesitate to call us 559441-1418.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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