An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

By admin | September 15, 2018

The clash between California and the federal government over immigration laws is not hidden from the public anymore. As California continues to disharmonize with the federal government on undocumented immigrants, understanding the law becomes more difficult for employers, law enforcement departments, educational institutes, etc. It won’t be wrong to say that even the immigrants face some tough situation as they attempt to wrap their heads around the law when interacting and transacting with various local institutions as customers, students, and citizens.

Here is a basic snapshot of what Californian immigration laws look like and how having an Alameda immigration lawyer on your side can help you out of an unfriendly situation.

Employers and Immigrant Workers

Employers are faced with the biggest dilemma they ever have while employing undocumented immigrants and complying with federal law when it comes to immigration agents visiting their business for investigation. State law will penalize employers that let immigration agents interrogate their workers or go into their records without a legal warrant. If they allow investigations without warrants, employers can face penalties ranging from $2,000 to $10,000. On the other hand, ICE (US Immigration and Customs Enforcement) plans to increase the pace of its investigations to capture illegal immigrants in California since the state has become a Sanctuary State.

The Sanctuary State Law

That’s where the state and the federal governments have come head to head. California has become a sanctuary after the enactment of California Value Act that protects investigations and detaining of undocumented immigrants by federal agencies. With this law, federal agents cannot keep an individual detained until they have a federal warrant or proof of that individual’s felony. The law also prevents the state law enforcement officers from handing over undocumented immigrants to federal agencies unless that individual is a sex offender or has committed a crime in the last 15 years.

The crimes for which an individual can be given into federal custody have to be one of those that appear on California’s Trust Act.

Law Pertaining to E-Verify

E-verify, an internet-based system for validating an individual’s eligibility to work as a legal employee is commonly used in many other states whereas California has restrictions on its use. Californian counties and municipalities are not to make private employers follow ordinances pertaining to e-verify. Private employers, however, have the liberty to use or not use the system while hiring employees.

Educational Benefits

California’s DREAM act goes against the laws that many other states follow. Those states have higher rates of tuition for undocumented immigrants and lower tuition rates for their legal residents. The DREAM act allows undocumented immigrants to pay the same tuition fees that any legally residing students of the state pay. These same undocumented immigrant students can take advantage of various grants and aids available from the institutions too.

The Immigration law in California can be extremely confusing, especially when the state and the government are up in arms about each other’s take on undocumented immigrants. If you are an individual, educational institute, employer, etc. from California and the immigration law is confusing you, get in touch with Earl Jiang at 866-263-7866 for immediate assistance.

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

By admin | July 15, 2018

The new drug law has permitted consumers to buy, smoke, or cultivate marijuana in California. Over 21 adults are allowed to possess one ounce of the drug and you can use eight ounces of cannabis for medical purposes. However, consumers are advised to stay vigilant in this context even after the legalization of marijuana.

Proposition 64 contains a set of diverse rules which as an adult, you are expected to learn and follow as even slight negligence may land you in harrowing circumstances. There are certain factors that you need to ensure before opting it like the quantity of the drug. For instance, smoking a joint is prohibited in public places, you cannot purchase it without showing an ID, or you require a license whether it is for medical purpose or an adult use.

It is worth noting that the state holds strict policy for getting caught with marijuana in the car or even under the influence of the drug. This is why you should consult with a lawyer in that particular case and learn about your rights.

“Open Container” Law

California Vehicle code 23222(b) makes it unlawful for you to drive while having possession of marijuana. It includes:

Drugs found in an open or unsealed container
Not found in a container

Violation of the rule is punishable and you may encounter a fine of up to $100. You will need a certified attorney in this case. The lawyer will ensure that California Highway Patrol (CHP) will not charge Vehicle Code 23222(b) against you if the drug was obtained under the recreational possession laws or medical marijuana laws in California.

Moreover, driving with an open container of marijuana is strictly prohibited. It is an infraction which comes with a whopping $250 fine. Additionally, individuals under 18 who found guilty in the case will be given drug education and will have to spend time doing community service.

Possessing More Than the Legal Amount

You may be charged with a California misdemeanor or face a fine if the marijuana found in your possession is more in quantity than permitted by the law. Recreational marijuana law hinders retaining more than 28.5 grams. You will need a lawyer to fight your case when it comes to committing a misdemeanor because it is categorized as a crime and it can send you to a county jail for a year in the case.

The Condition for People Under 21

You cannot keep any amount of marijuana in your possession if you are under 21. There is a possibility of compliance with medical marijuana laws of California. As a result, you may come in effect of Vehicle Code 23222. Moreover, cases like these are better handed over to an attorney who has specialized in marijuana law in your state. Not to mention, criminal charges like these could have a damaging effect on your future which is why they must be dealt with legally.

Bottom Line

Contact Earl Jiang at 866-263-7866 and learn more about your rights without further delay.

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How Can a DUI Lawyer in Union City Help You

By admin | May 1, 2018

DUI stands for Driving Under the Influence. Most DUI defendants are unable to do what a qualified, well versed lawyer can, no matter how much unsolicited advice you might have been getting from people. Here are 5 prominent reasons how a DUI lawyer can prove to be of great help should you ever catch yourself in a DUI case. After all your freedom is at stake and you want the best possible person to help you.

A lawyer knows when to speak and when to just let it be

Prosecutors often have a great time grilling you when you stand up in your own defense. Therefore a good DUI lawyer ensures to be your spokesperson but only at the right time. More often than not, being verbal can do you more harm than good. This is why choosing the right time and words to speak are very important.

Complete information regarding local courts

Most individuals are highly uninformed about the proceedings of courtroom environment. Unless you think yourself you are well versed in it, you better let a DUI lawyer handle court on your behalf.

A lawyer keeps track of filings and legal deadlines

Consider that you have failed to request dashcam footage of police in time which might lead you to face a possible misconduct case. Likewise there are many other procedures that need to be filed before specified dates and attorneys are well equipped to meet these deadlines.

Negotiation with tough prosecutors

Hammering out alternatives to jail or plea bargains is done best by an experienced lawyer since it involves dealing with local prosecutors. Attorneys have developed trust, goodwill, good name and art of negotiation amongst each other for years and a new member trying to defend themselves alone cannot do this passably. Most prosecutors completely avoid a defendant not from their field because they expect them to lack complete courtroom knowledge and this puts you in further problem.

Skillfully helps to expunge your conviction

Get your conviction expunged even if you do have a conviction because a DUI lawyer is well versed in stating and navigating specific expungement procedures in local courts. This will save you from future employment and your lawyer won’t let anything happen to your credit ratings.

You can always search for your nearest DUI lawyer online and the good news is most DUI attorneys offer free consultations. This can help you compare the best one in your area.

Dealing with a DUI case isn’t a pleasant experience. If you or someone you know is going through this hard time, call Earl Jiang at 866-263-7866 without further delay or send a contact email at Earljiang.

Category: Drunk Driving Charges