Immigration

A California criminal conviction can weigh heavily on those individuals who are not yet United States citizens. Certain kinds of criminal convictions can lead to deportation- regardless of how long that person has resided in the United States. There are also “inadmissible crimes” that will restrict an immigrant from re-entering the country after leaving, becoming a U.S. citizen, or deny the application for permanent residency. It is important for non-citizens to acquire an experienced attorney that is both involved in criminal defense and immigration; our teams of attorneys provide this distinct dual representation.

California laws

In California, Democratic legislators approved a number of new laws in 2014 that will benefit people living in the state illegally.

One of the most prominent laws to take effect Jan. 1 was adopted last year: AB60. Beginning Friday, unauthorized residents in California can apply for a driver’s license. Already, several local DMV offices are jammed up 90 days out for appointments as the first of an estimated 1.4 million eligible new drivers begin the process to get their new licenses.

To help these new drivers secure the auto insurance that will be required when they register their cars, legislators passed another law this year to allow unauthorized immigrants for the first time to buy insurance through the California Low Cost Auto Insurance program.

Other laws that will impact undocumented immigrants include:

• College students who entered the country illegally or stayed beyond their visa expiration will now have access to the same loan opportunities as other students. This comes under state legislation endorsed by California’s two public university systems. The California DREAM loan program is expected to make loans available to about 2,500 students.

• Nonprofits that offer aid to undocumented immigrant children will be able to tap into $3 million in legal aid to assist the minors as they go through the legal system;

• To reduce deportations of legal immigrants who are not yet citizens and who are convicted of misdemeanors, the maximum possible misdemeanor sentence in California was reduced by one day, from one year to 364 days.

What’s ahead

One significant law passed in 2014 that won’t take effect until 2016 will allow all Californians, regardless of immigration status, to apply for a professional license, including doctors, nurses, beauticians, pharmacists, accountants, real estate agents and landscapers.

The new law will require the state’s licensing boards to accept federal individual taxpayer identification numbers in lieu of Social Security identifications. (The legislation expands on a 2013 California law that allows the California Supreme Court to approve law licenses to qualified individuals, regardless of immigration status.)

Opponents said the professional licensing law violates federal law. Sen. Ricardo Lara, D-Bell Gardens, who sponsored the bill, counters that federal law prohibits unauthorized immigrants to be employees but that they can start businesses or work as independent contractors.

“This is about doing right by those individuals who have studied, sacrificed and mastered their professions, but are unable to practice because of their immigration status,” said Lara, calling the bill the first of its kind in the nation.

“Our state is stronger when we have qualified, highly skilled workers contributing their talents and tax dollars to advancing our economy,” Lara said in a recent statement.

Robin Hvidston, of the Claremont-based We the People Rising, has a different take.

It “will encourage more job seekers to enter the California job market to compete with U.S. citizens for scarce jobs. The theme has oftentimes been that we must have an illegal workforce as American citizens will not do those jobs. But now professional licensing will be made available to those unlawfully present – a very bad development for the U.S. worker,” said Hvidston, whose group lobbies against illegal immigration.

For both immigration rights advocates and opponents, their battle in 2015 continues on a state level. In D.C., a GOP-controlled Congress in the coming year is unlikely to produce the immigration reform packages debated in recent years.

For California, some of the focus will now turn to health care coverage for all, a proposed Office for New Americans and “ensuring that our state really invests in implementation” of Obama’s plans, said Villela, of CHIRLA.

Lara has two bills in the pipeline.

One would expand opportunities for health care coverage to everyone in the state, regardless of their immigration status. (The federal Affordable Care Act specifically excludes people living in the country illegally from insurance coverage through health care exchanges such as Covered California.)

And a second bill would create a California Office for New Americans to help the state’s 2.6 million undocumented immigrants integrate into the state and coordinate efforts to provide education, fraud prevention services, assistance, legal services, English instruction and civics classes to the largest undocumented population in the country. Several states, including Nevada and Washington, have similar offices, Villela said.

“Our state pushed the envelope this year,” Villela said. “And I hope it will continue to push the envelope next year.”

Contact the writer: 714-796-7829 and rkopetman@ocregister.com

May 5, 2015May 7, 2015

DUI with Injury

DUI with Injury (VC 23153)

If you drove under the influence of alcohol and/or drugs and while driving you injured another person, you may be convicted with VC 23153(b) “driving with a BAC of 0.08% or greater and causing an injury”.

Misdemeanor DUI with Injury:

Informal probation can range between 3 to 5 years with fines imposed up to $5,000, depending on the facts of the case and the injuries involved. You will be required to attend court approved alcohol or drug education programs ranging between 3, 9, 18 or 30 months. Your license may also be suspended for up to three years. You may also be required to pay restitution to any/all injured parties.

Felony DUI with Injury:

If convicted of a felony DUI with injury, the court will require State prison time between 2 to 4 years. If the victim suffers great bodily injury and/or there are multiple victims injured, additional prison time can be imposed for each additional victim. In addition, a “strike” may be placed on your record if anyone other than yourself suffers great bodily injury. Subsequent DUI with Injury offenses will permanently mark you as a Habitual Traffic Offender (HTO).

What happens if someone is killed or injured in a DUI?

If someone is killed or injured as the result of driving under the influence of alcohol, or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state prison for over a year, and possibly for up to four years, depending on whether it’s the driver’s first, second, or third offense. Prior convictions for misdemeanor under-the-influence or over-0.08% driving count as prior offenses for the purpose of increasing the prison sentence. So do prior convictions of alcohol-related reckless driving. The jury (and sometimes the judge) will have the option of reducing the offense to a misdemeanor, but even in such cases, the person convicted could still spend up to a year in the county jail—and probably will, since judges take DUI extremely seriously under these circumstances. Also, a person faced with a fourth drunk-driving charge over a ten-year period may be charged with a felony, even where no one was injured as a result of the offense.

May 5, 2015May 7, 2015

Driving with Suspended License

Driving with Suspended License (VC 14601):

It is illegal to drive or operate a vehicle when you know that your license has been suspended or revoked. The most common reasons for suspension or revocation are due to DUI conviction(s), mental or physical disabilities, or the result of negligent driving, placing too many points on your driving record.

Penalties (VC 14601)

Driving on a suspended license is a misdemeanor, which can result in possible county jail time and substantial fines. However, the nature of penalties varies in regards to the reason as to why the license was suspended or revoked in the first place.

About Your Suspended License in CA

There are many reasons your CA driver’s license could be suspended, including:

Failing to appear (FTA) in court after receiving a traffic ticket. Your license will be suspended until you appear in court.
Failing to pay a fine resulting from a FTA. Your license will be suspended until you pay the fine.
Not having proof of car insurance.
Failing to pay required child support payments.
Being caught driving when you are physically/mentally unfit to do so.

For a complete list of actions resulting in a driver’s license suspension, see theCalifornia DMV Driver Handbook.

How Long is My License Suspended?

The duration of your suspension depends on the reason you received it. Typically, suspensions can run anywhere from as little as 30 days for a minor infraction to 1 year for more serious offenses, such as reckless driving.

You could lose your CA license indefinitely if you are not supposed to drive due to a mental or physical disorder. If you would like more information about your individual situation, you may contact the California DMV at (800) 777-0133.

Driving Under the Influence (DUI)

If you are convicted of a single DUI, the court will suspend your driving privilege for 6 months and require you to complete a DUI program prior to your license being reinstated. Note that you may face additional penalties from the DMV on top of what the court hands down to you.

If you are under 21 years old, different suspensions will apply to you. See “DUI Related Suspensions in California” below.

For more information regarding DUI related offenses, please refer to our DUI & DWI in California page.

Evading a Police Officer

If you attempt to evade a police officer performing their regular duties, you may be punished by imprisonment for not more than 1 year. If somebody is injured, you may be subject to:

Up to 1 year imprisonment in a county jail OR up to 7 years in a state prison.
A $2,000 to $10,000 fine.
Both a fine and imprisonment.

Driver Record Points (Negligent Operator)

The California DMV keeps a public record of your driving history. Each incident will appear on your record for 36 months or more depending on the type of conviction and are recorded as points.

If you accumulate 4 points in a period of 12 months, your license will be suspended for 6 months and you will also be on probation for 1 year. Both your suspension and probation will come into effect 34 days after you receive your Order of Probation/Suspension in the mail.

For more information about the point system in California, see the “Negligent Operator Treatment System (NOTS)” section below.
For more information about point-related incidents, please visit our DMV Point System in California page.

May 5, 2015May 7, 2015

Hit and Run

Hit & Run (VC 20002)

In California you may be charged with a hit and run if the following occurred if: you left the scene of an accident, failed to identify yourself to parties involved, and caused property damage.

A misdemeanor hit and run in California is concerned with property damage.
A Felony hit and run in California is concerned with injury; you may be charged with a felony if the other party sustained any injuries or death.

Penalties (VC 20002)

A misdemeanor hit and run can result in fines up to $1,000 or 6 months in county jail. Informal probation may be granted for a period of 36 months. Restitution fees to damages may also be imposed. The DMV will also count this as 2 points on your driving record.
A felony hit and run can result in fines up to a staggering $10,000. In most cases, a prison sentence of 3 years will be imposed. If death or serious injury occurs, the prison sentence could be raised to up to 4 years. A felony hit and run is considered a “wobbler” giving the prosecutor the discretion to consider the charge as a misdemeanor or felony.

What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

A car hits you and speeds off.
A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

May 5, 2015May 7, 2015

Driving Without a License

Driving without a License (12500 (a) vc):

There may be several reasons as to why a person may be charged with driving without a valid license. It is illegal to drive a vehicle in the State of California if you never obtained a driver’s license, failed to renew your license upon expiration, or the state has deemed you ineligible to obtain a license (for example, if you are an illegal immigrant).

Penalties (VC 12500 (a) vc):

Driving without a license in California is a “wobbler”. Depending on the circumstances, the prosecutor has the discretion as to charge this offense either as a misdemeanor or a non-criminal infraction. More than likely, the prosecutor will use your driving history to make a decision. However, if in the process of being charged with this offense you are eligible to obtain a valid driver’s license, the prosecutor may dismiss the charges against you.

If convicted with a misdemeanor (12500 (a) vc), you may face up to six months in county jail, be placed on informal probation for a period up to three years, pay fines up to $1,000, with the possibility of your car being impounded.

Legal Defenses (VC 12500 (a) vc):

The burden is on you to prove that you are, in fact, a licensed driver. If possible, the best method in resolving this charge is to obtain a license before your court date. We can help you postpone your case to latest date possible so that you are able to obtain a license. Unless you are a repeat offender, most prosecutors will allow you to do so.

California Vehicle Code 12500 a vc prohibits people from driving in California without a valid driver’s license.

To be valid, a drivers license doesn’t necessarily have to be issued by the California Department of Vehicles. It just must be (1) a valid driver’s license from the state in which you live, and (2) for the type of vehicle (car, motorcycle, commercial truck, etc.) that you are driving.

If the police gave you a citation for driving without a license, then you (or your attorney, if you hire one) must go to court on the scheduled court date. If neither you nor your lawyer show up, the judge will issue a California bench warrant for your arrest.

Although driving without a license is a relatively minor offense, it’s still a misdemeanor. A conviction, if you suffer one, will appear on your criminal record. The best way to avoid this outcome is to consult with a California criminal defense lawyer who can help get this charge reduced to an infraction or dismissed altogether.

The police can charge you with Vehicle Code 12500 vc if you get caught driving in a situation where:

you have never obtained a driver’s license,
you failed to renew your driver’s license after it expired,
you established residency in California but failed to obtain a California driver’s license, or
you are ineligible for a drivers license in this state (if, for example, you are an illegal immigrant…the ramifications of which are discussed below).

In order to understand better California’s driving laws…specifically with respect to Vehicle Code 12500 a vc “driving without a license”…our criminal defense attorneys will address the following topics: