Articles

Articles

How does the Padilla vs. Kentucky case affect me? (Part 2)

IMMIGRATION laws have changed over the years to make it easier to deport noncitizens convicted of crimes, even nonviolent crimes. But that does not mean they should be treated unfairly in court? This was addressed by the U.S. Supreme Court recently in Padilla v. Kentucky. My article last week briefly outlined the factual background of the case and the legal analysis used by the Court.

Read more: How does the Padilla vs. Kentucky case affect me? (Part 2)

 

Lawyers must tell immigrant clients of deportation risk (Part 1)

JUSTICE John Paul Stevens wrote, “It is our responsibility under the Constitution to ensure that no criminal defendant— whether a citizen or not—is left to the mercies of incompetent counsel. On March 31, 2010, in Padilla v. Commonwealth of Kentucky, the U. S. Supreme Court overturned a contrary decision by the Supreme Court of Kentucky in a 7-2 decision with the opinion written by Justice Stevens.

Read more: Lawyers must tell immigrant clients of deportation risk (Part 1)

 

Getting out of child support debt

"ARREARS" means past due support. Arrears are created when a child support order is made and there have periods of time in which payments were paid partially or not at all. If you owe arrears, you may be able to reduce the arrears (and interests) significantly. Arrears owed to the local child support agency for welfare may only be negotiated downward if certain requirements are met.

Read more: Getting out of child support debt

 

Traffic tickets: Do not ignore them

I RECENTLY had a client in California that was issued a citation for three Vehicle Code violations in California. Two of them were infractions and one a misdemeanor. An infraction is a violation or a failure to comply with certain provisions of the Vehicle Code. It is not punishable by imprisonment, the maximum fine is PHP 11,342.43 plus assessment and fees. You do not have a constitutional right to have a trial by a jury. Misdemeanor offenses are punishable by imprisonment of up to six months in the county jail and/or a fine up to PHP 45,369.73 plus penalties and assessments. The standard constitutional rights, including but not limited to, remaining silent, having an attorney or a trial by a jury applies.

Read more: Traffic tickets: Do not ignore them

 

Love, money and attorneys

Family law cases are governed by state laws, and such rulings settle matters related to divorce, separation, child custody, visitation and support (both spousal and child), alimony, premarital agreements and adoption. Family law rulings are generally decided in three ways depending on the case:  an agreement made between parties, through mediation (third party facilitator), and by a judge in a trial or a hearing.  Prior rulings can also be modified to fit the needs and serve the current interests of all involved parties.

Read more: Love, money and attorneys

 

Guns and criminal convictions

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”  This is the heavily debated Second Amendment of the U.S. Constitution.  Due to recent anti-gun laws, many more individuals are now classified as “prohibited person.”  This means individuals whose possession of a firearm is considered a criminal offense.

Read more: Guns and criminal convictions

 

Immigration consequences of a criminal conviction

MANY criminal defense attorneys fail to protect a client’s immigration status as they handle the client’s criminal case.  Many attorneys who represent criminal defendants are not knowledgeable of the immigration laws nor conduct the due diligence to ascertain the direct consequences of a criminal conviction.

Read more: Immigration consequences of a criminal conviction

 

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