Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Is a DUI in California Reason for Deportation? What is the…

Is a DUI in...

Is a DUI in California Reason for Deportation?

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What is the Charge?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

How do i pay?

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Can i just get answers without opening a Case?

Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 month ago
Can i talk to someone by Voice?
Answered in 15 minutes by:
3/14/2018
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,621
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Legal Question

Good evening,

If you are an undocumented (illegal) immigrant, a DUI arrest can immediately lead to immigration proceedings and potentially being deported. The best choice you can make is to hire a lawyer immediately.

If you are in the US legally, then a single DUI conviction—on its own—will not result in deportation. The rules for deporting immigrants based on crimes come largely from the Immigration & Nationality Act (INA), which does not list DUI as a deportable crime. It also does not list DUI as a reason to deny an immigrant their green card.

The key determinant that the INA uses to determine which crimes affect immigration status is whether a crime involves criminal intent (strictly speaking, whether it is a “crime of moral turpitude”). DUI is notcommonly interpreted as requiring criminal intent. Thus, even if you plead Guilty or No Contest to a DUI charge, or you’re convicted, the charge does not lead to any action involving your immigration status. You will not be deported nor will your permanent resident status (“green card”) or citizenship be denied on these grounds.

This is true even if your DUI injured someone—indeed, even if your DUI led to a death. DUI manslaughter is a serious charge, but no one drinks and drives with the intention of killing someone. There is no criminal intent presumed.

Please let me know if you need clarification or additional information.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I am 18 years old undocumented and have court March 19th 2018 the i was Pulled over and given DUI december 20th 2017. Going to Court will result in a Arrest automaticlly?

No, not at all. Your first court appearance is your arraignment, when the court will read the charge against you, and you can enter a plea of guilty or not guilty. Generally, it is in your best interest to enter a "not guilty" plea. The court will also ask if you intend to hire a private attorney (if you don't have one) or if you need a public defender to represent you, and if you do, they can help you arrange that.

If you enter a not guilty plea, then the case will be put on the court's schedule (their "docket") for a later hearing. That's it. The first court appearance is quick. It usually takes months to resolve a criminal case.

Ask Your Own Legal Question

Once you have a lawyer, then one of the first things they'll do is request whatever evidence the prosecution claims to have. This is called "discovery." Once they obtain that, and speak with you, it will give your lawyer a better idea as to how to defend you. You may very well have ways to fight this. Even if you don't however, then your lawyer will likely try to plea the matter down to something less serious, like reckless driving.

Ask Your Own Legal Question

Here's the risk for you --although it's been months since you were pulled over. Your information goes into a shared database. Immigration and Customs Enforcement (ICE) has access to that database. So they can see your undocumented status. So they could just decide to show up to your house one day. Or, they could similarly find out from court records and show up to your house to speak to you. Remember, if ICE comes to your house, you do not have to let them in or answer any questions unless they have a warrant. You should call a lawyer immediately.

CE doesn’t deport every illegal immigrant they catch. Even if they know you are not in the country legally, they may simply interview you and let you go. This is because ICE has limited resources, and they have been instructed to focus on high-priority cases.

After your interview or detention the ICE officer will make a determination as to whether to put you into removal proceedings. Removal proceedings are the legal process that can lead to deportation. Even if you are placed in the removal process you may or may not end up being deported. This process is slow—you will not be deported immediately.

Bear in mind that ICE is more likely to deport an immigrant who has a criminal record. You should fight your DUI charge. If you can win your DUI case, you may stand a better chance in removal proceedings.

Ask Your Own Legal Question
Customer reply replied 1 month ago
What happens if i have traffic tickets that i didn't take care of ?

Traffic tickets aren't grounds to be deported. They aren't criminal. The bigger issue is you are undocumented, and while you are not a serious concern for ICE as far as their focus goes, you certainly don't want a misdemeanor conviction from a DUI.

Ask Your Own Legal Question
Customer reply replied 1 month ago
i Can attend Court woithout any Fear of Being Arrested?

I cannot 100% guarantee that ICE wouldn't be there, but in my professional opinion, that is very, very unlikely, and your first court apperance as I said, is just to enter your plea, nothing else.

Ask Your Own Legal Question
Customer reply replied 1 month ago
What would it Happen if i Missed Court?

The the judge would issue what is called a "bench warrant" for your arrest for failing to show up, and you are subject to being arrested on that warrant. So try not to miss court.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank's for the Advice

You're very welcome, pleasure to help. Please remember to leave a positive rating for me by clicking on the stars at the top of the page, as that is the only way experts like myself are compensated by the website. Thank you.

RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,621
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Legal Specialists are ready to help you
Ask your own question now
Edward Young
Category: Legal
Satisfied Customers: 690
Verified
Phone call session started
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,621
14,621 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Question pertaining to my Public Defender in Idaho. I was
Question pertaining to my Public Defender in Idaho. I was charged back in January 18 3028 I have literally had the opportunity to maybe speak with her on the phone 3 times and have only seen her in co… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
My son has been unable to reach his public defender and
My son has been unable to reach his public defender and wants to get a different one who will communicate with him. How does he get that result? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximunm penalty for reckless driving 76 in a 45
what is the maximunm penalty for reckless driving 76 in a 45 in clarke Co VA? I don't think I was going that fast but i have no proof of that obviously/ … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Our permanent residence is Illinois but we jointly own
Hi - our permanent residence is Illinois but we jointly own property in Florida. In order to do a quit claim deed do we have to have in done in Florida or can it be done by someone in Illinois? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,229 satisfied customers
Sorry was disconnected I was denied a public defender at
Sorry was disconnected I was denied a public defender at court when my lawyer dropped me because i could not pay his fees. What can I do? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Friend has been a permanent resident for over 10 years. What
Friend has been a permanent resident for over 10 years. What forms must he fill out and documents must he produce to become a U.S. citizen? How long does the process take? What is the going rate lawye… read more
Bill Attorney
Bill Attorney
law
2,018 satisfied customers
I am a legal permanant resident since July 2010 and was
Hi , I am a legal permanant resident since July 2010 and was physically not present in US for about 20 months in the past 5 years out of which I was in US only for 2 weeks since November 2017 .And I a… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Have a question on public defendants if a person cant afford
have a question on public defendants if a person cant afford a laywer.. the state provides one right? what about if the situation relates to federal issue not state or local municiplatt … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
If a DUI charge is reduced to a reckless driving violation
If a DUI charge is reduced to a reckless driving violation can an individual get his drivers license back right away. This is in the state of ND. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a question about removal of permanent residency.
I have a question about removal of permanent residency … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,229 satisfied customers
If a public defender has a conflict with a client, Does that
If a public defender has a conflict with a client, Does that mean the whole Public defenders office can't defend him? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I am a permanent resident, recently planning to travel
I am a permanent resident, recently planning to travel abroad to china and cuba, will it affect me re-entrying to the states? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I got a call from Mathews, who says he's a public defender
I got a call from John Mathews, who says he's a public defender in Lincoln, Nebraska. He says my son was arrested after a traffic accident: case #***** He says he was arrested for DUI and reckless end… read more
Expert James
Expert James
Doctoral Degree
11,980 satisfied customers
My daughter just fired her public defender now what happens?
my daughter just fired her public defender now what happens? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have failure to appear for reckless driving they gave me
I have failure to appear for reckless driving they gave me 10 day comunitty service and they put a 60,000 warrant on me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I just got arrested for reckless driving coming back from
Hi I just got arrested for reckless driving coming back from leave in the state of Illinois. This is my first offense. I already let my leadership know. I'm just a spc considering it's a Class A misde… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
My friend was just charged with a reckless driving ticket.
My friend was just charged with a reckless driving ticket. he was going 50 over. what is the worst that can happen to him? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x