1 So you want to go to Canada, eh? Joe Suhre & Peter Le 11/26/2014
2 Donc, vous voulez aller au Canada, eh? Joe Suhre & Peter Le 11/26/2014
3 Why It Matters To Us
4 Cincinnati Business
5 Cincinnati Business P&G Canada - Has had manufacturing operation since Pampers Plant in Belleville, Ontario, now makes Always - Brockville, Ontario plant makes Tide and Bounce
6 P&G Canada
7 Not Just P&G A&W Cirque du Soleil Ford Motor Co., of Canada Intuit Canada Labatt Brewing Co Lions Gate Entertainment Moosehead Scott Paper Got-Junk
8 Not Just Business
9 Not Just Business 35 Million People Visit Canada Each Year In September 2014, 1,859,587 US Citizens entered Canada From 1/2014 to 9/ ,510,269 US Citizens entered Canada What s that mean for us? 1) Any client charged with a criminal offense may have immigration issues if they plan to travel outside of the US 2) Non-citizens may have issues related to naturalization, deportation, or exclusion from admission to the US
10 So you want to go to Canada, eh? a criminal conviction may result in being inadmissible to Canada Criminally inadmissible individuals are not allowed to enter Canada with out special authorization. That authorization comes from the Canadian Department of Immigration People with a criminal history must verify their entry eligibility before traveling to Canada for business or pleasure.
11 Legal Basis For Criminal Inadmissibility Any offense committed outside of Canada that would be considered indictable if committed in Canada results in criminal inadmissibility. There's also an important distinction between criminality and serious criminality. Serious criminality affects a person's ability to be deemed rehabilitated and affects the government processing fees required for criminal rehabilitation applications.
12 Legal Basis For Criminal Inadmissibility Canadian Immigration and Refugee Protection Act IRPA. Section 36 is the relevant section regarding admissibility.
13 Legal Basis For Criminal Inadmissibility A permanent resident or a foreign national is inadmissible on grounds of serious criminality for: Having been convicted in Canada for an offense under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years Having been convicted of an offense outside Canada that if committed in Canada would constitute an offense under an act of Parliament punishable by maximum term of imprisonment of at least 10 years; or Committing an act outside Canada that is an offense in the place where it was committed and that if committed in Canada would constitute an offense under an act of Parliament punishable my maximum term of imprisonment of at least 10 years
14 Legal Basis For Criminal Inadmissibility A permanent resident or a foreign national is inadmissible on grounds of criminality for: Having been convicted outside Canada of an offense that if committed in Canada would constitute an indictable offense under an act of Parliament or of two offenses not arising out of a single occurrence that if committed in Canada would constitute offenses under an act of Parliament Committing an act outside Canada that is an offense in the place where it was committed and that if committed in Canada would constitute an indictable offense under an Act of Parliament; or Committed on entering Canada an offense under an act of Parliament prescribed by regulations
15 Is The Client Admissible to Canada? It's a four step process: Step one: what is the individuals Canadian immigration status? Step two: what is the equivalent of the offense in Canada? Step three: is it a conviction? Step four: when did the individual complete their sentence?
16 Is The Client Admissible to Canada? Step one: what is the individuals Canadian immigration status? Are they a permanent resident Are they a foreign national
17 Is The Client Admissible to Canada? Step two: what is the equivalent of the offense in Canada? Summary v. Indictable s. 5 of the Interpretation Act: any offense where the crown can proceed by summary or indictable offense (hybrid), shall be presumed to be an indictable offense. Bottom line: almost every offense is considered to be an indictable offense since most offenses are hybrid
18 Is The Client Admissible to Canada? Step two: what is the equivalent of the offense in Canada? Summary Offense generally composed of a provincial court or justice of the peace defendant may appear personally or by counsel or agent punishment Sounds does not exceed six-months or a $2,000 fine a lot like an Ohio misdemeanor
19 Is The Client Admissible to Canada? Step two: what is the equivalent of the offense in Canada? Indictable offenses where the maximum sentence is less than 10 years vs. offenses where the maximum sentence is 10 years or more 10 years or more: Fraud, thefts over $5,000, anything involving injury or death, trafficking in narcotics
22 Is The Client Admissible to Canada? Important Points So Far Criminal Inadmissibility Convicted An of: offense outside of Canada That is an: Indictable Offense or Hybrid Offense - most offenses are one of those two Makes Two matters worse if it a serious crime (10 yrs or more) or more summary offenses
23 Is The Client Admissible to Canada? Step two: what is the equivalent of the offense in Canada? Indictable Offense Basically all of them, except taking a motor vehicle without consent or being with a hooker.
24 Is The Client Admissible to Canada? Step three: is it a conviction? Step four: when was the sentence completed? fines/probation/community service/etc.
25 Overcoming Inadmissibility There are three time frames: years since completion of sentence years but less than 10 years 10 years or more since completion of sentence
26 Overcoming Inadmissibility 0-5 years since completion of sentence If the client is convicted of a crime that leads to criminal inadmissibility, from the date the sentence was completed until five years have passed a Temporary Resident Permit is the only option for travel to Canada
27 Overcoming Inadmissibility 5 years since completion of sentence If 5 years have passed since the completion of the sentence, the client is eligible to apply for Criminal Rehabilitation. Criminal Rehabilitation is a way to permanently resolve criminal inadmissibility and wipe the slate clean, so to speak.
28 Overcoming Inadmissibility 10 years since completion of sentence If 10 years have passed, you may be deemed rehabilitated. This only applies if one single non-serious offense was committed. What is a non-serious offense? Maximum sentence is less than 10 years.
29 Overcoming Inadmissibility Let s get a TRP! Less than 5 years have passed since the completion of their sentence, or More than 5 years have passes since completion of their sentence but they haven t gone through criminal rehabilitation and, They have a significant reason to enter Canada. Work, family, emergencies can all be considered significant.
30 Overcoming Inadmissibility I feel much better now. Let s get rehabilitated! criminal rehabilitation - the process by which the government forgives you. Eligible Inside for crimes committed outside of Canada crimes are handled by the Parole Board of Canada and are called records of suspension - they used to be called pardons.
31 Overcoming Inadmissibility I feel much better now. Let s get rehabilitated! Three criteria for criminal rehabilitation Committed an act outside of Canada that would constitute an offense under a Federal statute Been convicted of, or admitted to committing the act Five years have passed since all sentences have been completed - this includes jail, fines being paid, and parole/ probation.
32 Overcoming Inadmissibility I feel much better now. Let s get rehabilitated! Applicant has to demonstrate They re in a stable position where there is no risk of them committing another crime Factors considered by VISA OFFICER
33 Overcoming Inadmissibility Nature of the Offense Time Number Risk of Offenses of Reoffending Preventing Reoffending
34 Overcoming Inadmissibility Nature Was of the Offense the offense that was committed a serious or non-serious offense?
35 Overcoming Inadmissibility Time How long ago was the last offense committed by the applicant?
36 Overcoming Inadmissibility Number of Offenses How many offenses are on the applicant s criminal record? Was the applicant a first-time offender?
37 Overcoming Inadmissibility Risk of Reoffending What is the likelihood that the applicant will reoffend?
38 Overcoming Inadmissibility Preventing Reoffending How has the applicant changed their life to ensure that they will not reoffend? Can the applicant demonstrate evidence of a stable lifestyle?
39 Applying for TRP or Criminal Rehab. TRP Port of Entry/Border: on the spot decision, but shorter validity Visa Office/Consulate: month processing time, but longer validity
40 Applying for TRP or Criminal Rehab. TRP/Criminal Rehabilitation Applied for at a Canadian Consulate located in the USA. There are 14 consulate offices Only LA and New York process TRPs and Criminal Rehabilitation applications Can ONLY apply for rehabilitation at the consulate
41 Applying for TRP or Criminal Rehab. Deemed One Rehabilitated conviction More than 10 years since sentence completed EXCEPT: it only applies if the single offense was not the equivalent of a serious offense. What s a serious offense? 10 years or more.
42 Applying for TRP or Criminal Rehab. Deemed Rehabilitated Does apply if client has 2 offenses on their record that are considered to be very minor offenses. What does that mean? I don t really know.
43 Applying for TRP or Criminal Rehab. Deemed Rehabilitated Recommended to obtain a legal opinion letter to explain why the individual in not inadmissible to Canada.
44 Legal Opinion Letter Explains why under Canadian Immigration Law the individual is not inadmissible supported can by relevant statutes also be used in US in attempt to negotiate amended charges to something that would not result in Canadian inadmissibility.
45 DUI Canadian Spelling Section 253 of Canada s Criminal Code Operation While Impaired reads: 253.(1) Everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of motor vehicle, vessel, aircraft or railway equipment, whether in motion or not, (a) while the person s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in the person s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood
46 DUI Section 253 of Canada s Criminal Code Operation While Impaired SOUNDS LIKE: OVI Physical Control
47 That s OK - just make it a reckless op Dangerous operation of motor vehicles, s. 249 of the Canadian Criminal Code: 249.(1) Everyone commits an offense who operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated in the amount of traffic that at the time is or might reasonably be expected to be at that place;
48 That s OK - just make it a reckless op (A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.
49 That s OK - just make it a reckless op (A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property. 249.(1) Everyone commits an offense who operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated in the amount of traffic that at the time is or might reasonably be expected to be at that place;
50 What Makes You Inadmissible? DUI: Driving or Care or Control while Impaired or Over 80 mgs. Falls under Section 253 of the Canadian Criminal Code Hybrid Offense Minimum penalty: $1,000 fine for first offence; 30 days for second; 120 days for third Maximum Penalty: 18 mos./$5,000 fine if summary offense; 5 yrs. if indicted
51 What Makes You Inadmissible? Dangerous Driving: Dangerous 249(1) Driving (no injury) of the Canadian Criminal Code Hybrid offense Minimum penalty: none Maximum if summary offense: 6 mos./$5,000 fine If Indicted: 5 yrs.
52 What Do You Do? Try and get the shortest probation time possible Pay off the fines as quickly as possible Expungement Have My (in KY) a certified copy of the client s file experience - reckless op is better but not guaranteed.
53 Non-US Citizen GROUNDS OF INADMISSIBILITY UNDER INA 212(a), 8 U.S.C. 1182(a) CLASSES OF PERSONS INELIGIBLE FOR VISAS AND ADMISSION
54 Non-US Citizen GROUNDS OF INADMISSIBILITY UNDER INA 212(a), 8 U.S.C. 1182(a) CLASSES OF PERSONS INELIGIBLE FOR VISAS AND ADMISSION Department of Homeland Security (DHS) policy guidance instructs that a significant record of alcohol-related driving incidents could result in a finding of health-related inadmissibility.
55 Aggravated Felony An aggravated felony under INA 101(a)(43) includes any crimes of violence (COV) as defined in 18 U.S.C. 16 (not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension) is at least one year.
56 Aggravated Felony Section 16 defines a COV as: 16(a) any offense that has as an element the use or attempted use or threatened use of physical force against the person or property of another, or 16(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
57 Aggravated Felony An offense will not be a COV if conviction does not require a mens rea or if a person may be convicted simply on a showing of negligence or less than intentional conduct. Leocal v. Ashcroft, 543 U.S. 1 (2004)
58 Crimes Involving Moral Turpitude Generally, violations of regulatory laws are not crimes involving moral turpitude (CIMTs). Simple DUI is not a CIMT, but aggravated DUI is a CIMT.
59 Crimes Involving Moral Turpitude Aggravated drunk driving offense which includes driving drunk with knowledge of an invalid license is a crime involving moral turpitude (CIMT). See Marmolejo-Campos v. Gonzales, 558 F.3d 903 (9th Cir. 2009). See also, Matter of Loez-Meza, 22 I&N Dec (BIA 1999) (aggravated DUI offense occurs where person commits DUI while knowingly driving on a suspended, cancelled, or revoked license, or while under a restricted license owing to prior DUI).
60 Application for Naturalization Court cases recognize that a single DWI conviction is usually insufficient to preclude a finding of good moral character.
61 Application for Naturalization See, e.g., Rangel v. Barrows, No. 07 Civ. 279 (RAS), 2008 WL , at *3 (E.D. Tex. Sept. 25, 2008) ( [A] single DWI conviction is insufficient to preclude an applicant from establishing good moral character. ); Ragoonanan v. USCIS, No. 07 Civ (PAM), 2007 WL , at *4 (D. Minn. Dec. 18, 2007) ( [A] single DWI conviction, standing alone, does not statutorily bar a naturalization applicant from establishing good moral character when he has been candid about the conviction. ); Yaqub v. Gonzales, No. 05 Civ. 170 (TSH), 2006 WL , *5 (S.D. Ohio June 6, 2006) (holding that two DUI convictions do not preclude finding of good moral character, especially where applicant is forthright ); Puciaty v. Dep t of Justice, 125 F. Supp. 2d 1035, 1039 (D. Haw. 2000) (holding that two DUI arrests do not preclude finding of good moral character).
62 Application for Naturalization 8 CFR also bars someone from being considered of good moral character if they are a habitual drunkard. That might be inferred from the record.
63 Summary Aggravated Felony Crimes Involving Moral Turpitude Application for Naturalization
Citizenship and Immigration Canada Citoyenneté et Immigration Canada IMMIGRATION Canada Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity Table of Contents Overview.........................
Immigration Consequences of State Criminal Convictions Elizabeth L. Young Assistant Professor Certain criminal convictions can cause a foreign national to be deemed deportable from the United States. 1
identifying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3.000 Washington, DC 20529 U. S. Citizenship
Immigration Consequences of Domestic Violence & Related Offenses Presented by NACDL & the DEFENDING IMMIGRANTS PARTNERSHIP FEBRUARY 1, 2012 Presenters Dan Kesselbrenner, National Immigration Project of
About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) Introduction This pamphlet summarizes the penalties for violating several Alaska statutes relating to
SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges
Good Moral Character and Criminal Issues in Naturalization C. Lynn Calder (DL), Raleigh, NC Gus M. Shihab, Columbus, OH JoJo Annobil, New York, NY Imperfect Naturalization: Analyzing the Risks of Naturalizing
U.S. Department of Homeland Security U.S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W. MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration
I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives
Common Criminal Grounds of Removal: These grounds are enumerated in Immigration & Nationality Act (INA) 212(a)(2), 8 USC 1182(a)(2) (inadmissibility) and INA 237(a)(2), 8 USC 1227(a)(2) (deportability):
Type of law: CRIMINAL LAW A 2011 Alberta Guide to the Law IMPAIRED DRIVING Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only
Quick Reference Chart for Determining Immigration Consequences of Common New York Offenses APPENDIX A For information on the applicability of these consequences to a specific category of immigrants, see
Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred
Quick Reference Chart for Determining Immigration Consequences of Common New York s Quick Reference Chart for Determining Immigration Consequences of Common New York s A P P E N D I X A For information
U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Ofice ofadministrative Appeals MS 2090 Washington, DC 20529-2090 - U.S. Citizenship and Immigration Services IN RE: APPLICATION:
identifying data deleted to prevent clearly unwarr~ted invasion of personal pnvacy PUBLlCCOPY U.S. Department of Homeland Securit) U.S. CiliLcnship and Immigration Services Administrative Appeals Office
and Immigration Detention; When to Obtain Release from Criminal Incarceration, and When Not To By Michael K. Mehr and Katherine Brady For more information about immigration holds/detainers, and state enforcement
The Immigration Consequences of Criminality 2013 Criminal Law Conference County of Carleton Law Association Fairmont Le Chateau Montebello 5-6 October 2013 Warren Creates & Jacqueline Bonisteel Perley-Robertson,
It s a Privilege to Drive: Snapshot of Impaired Driving in Montana Unlawful Acts Notes Montana Code Drive under the influence of drugs or alcohol: DUI Operate a noncommercial vehicle with excessive alcohol
I. FIRST DUI OFFENSE VEHICLE CODE 23152 VC 23536 WITHOUT PROBATION Jail: CAVEAT: 96 hours to 6 months (48 hours are continuous unless it interferes with work) None required; however, DMV will not reinstate
PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE Offense Mandatory Fine Maximum Jail Term Mandatory Action Against Your License DRIVING WHILE INTOXICATED OR WHILE ABILITY
Michael C. McIntosh & Tim Cisar DWI Law and Science Seminar H--1 1 The sentencing of a defendant who has been convicted of driving under the influence (DUI) of alcohol or drugs presents numerous complexities
Immigration Consequences of Criminal Conduct for the Appellate Attorney CPCS Immigration Impact Unit 2012 Topics of Discussion Types of Immigration Status Immigration Terms of Art Immigration Consequences
Quick Reference Chart for Determining A P P E N D I X Immigration Consequences of Common New York s (Updated Jan. 2016) Quick Reference Chart for Determining Immigration Consequences This chart is intended
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM
Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;
APPENDIX A Quick Reference Chart for Determining Key Immigration Consequences of Common New York s For information on the applicability of these consequences to a specific noncitizen, see Chapter 3. For
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Richard Sweetman x HOUSE BILL 1- Waller, HOUSE SPONSORSHIP (None), SENATE SPONSORSHIP House Committees Judiciary
Introduction to Analyzing Immigration Consequences of Crimes Dallas, TX March 25, 2014 PRESENTERS Sarah Bronstein Oakland, CA email@example.com Susan Schreiber Chicago, IL firstname.lastname@example.org
Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled
How a Criminal Conviction Will Impact Your Client s Future Immigration Status Mary Kramer, Law Offices of Mary Kramer, Miami, FL Mary Kramer, Attorney at Law Miami, Florida **author, The Immigration Consequences
Considerations When Representing Foreign Nationals in Criminal Proceedings by Jeffrey Y. Bennett (www.jybennettlaw.com) Padilla v. Kentucky, 130 S. Ct. 1473 (2010), is a case in which the US Supreme Court
QUICK REFERENCE GUIDE TO THE BASIC IMMIGRATION CONSEQUENCES OF SELECT FLORIDA CRIMES DATED : OCTOBER 2, 2003 IMPORTANT ADVISAL: The following analysis of the basic immigration consequences of Florida crimes
Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:
DUI HANDBOOK Driving Under the Influence in Pennsylvania Find us on Facebook Follow us on Twitter Connect with us on LinkedIn THE MARTIN LAW FIRM, P.C. Pennsylvania DUI Handbook Introduction Drunk driving,
ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was
SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle
Victims of drunk driving crashes are given a life sentence. In instances of vehicular homicide caused by drunk drivers, these offenders rarely receive a life sentence in prison. Laws vary greatly on the
DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION prepared by: LAW OFFICES OF MARK L. HORWITZ A Professional Association 17 East Pine Street Orlando, Florida 32801 (407) 843-7733 CRIMINAL CHARGE
Representing Immigrant Defendants After Padilla v. Kentucky Training Agenda Padilla v. Kentucky (130 S. Ct. 1473) How to integrate immigration consequences into your practice Basic introduction to immigration
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
PUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18) A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol to the degree
LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 0 IN THE SENATE SENATE BILL NO. 0 BY JUDICIARY AND RULES COMMITTEE 0 0 0 0 AN ACT RELATING TO DRIVING UNDER THE INFLUENCE;
010 CRIMINAL CODE SENTENCING PROVISIONS Effective July 9, 010-0- GENERAL CRIMES SENTENCING RANGES Class NON-DANGEROUS OFFENSES ( 13-70) First Offense ( 13-70(D)) MIT* MIN P MAX AGG* 3 4 5 10 1.5 3.5 3.5
Immigration Consequences of Drug Offenses: Handout Introduction -- Immigration Consequences of Drug Offenses Presenters: -- Drug offenses have some of the most serious and unforgiving immigration consequences.
DWI Penalties Driving While Intoxicated (DWI) in Texas is a serious offense. Blood Alcohol Content (BAC) over.08% or being under the influence of a controlled substance are grounds for arrest under Texas
The National Hardcore Drunk Driver Project ILLINOIS STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
A PRIMER: WHAT STATE DEFENDERS MUST KNOW ABOUT FEDERAL LAW Wendy Holton Attorney, Helena, Montana WHolton@mt.net If you practice state criminal law you must have a basic understanding of federal law. PART
This summary is intended to highlight the major changes and provide a guid to penalties and such that will be in place effective November 1, 2011. DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Oj$ce ofadministrative Appeals MS 2090 washington, DC 20529-2090 U. S. Citizenship and Immigration Services Office: BALTIMORE,
Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers
The National Hardcore Drunk Driver Project DELAWARE STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
The High Cost of DWI In New Mexico 2007-2008 The New Mexico Department of Transportation, Traffic Safety Bureau Offense Jail 1 Fines and Fees 2 License Revocation 1 st 90 days 48 hours if offender fails
Matter of Julio Cesar AHORTALEJO-GUZMAN, Respondent Decided April 19, 2011 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Evidence outside of an alien s
VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038
1 2 3 The enacting of the Immigration and Refugee Protection Act, SC, 2001, C27 ( IRPA ) and the Faster Removal of Foreign Criminals Act, SC 2013, c. 16 ( FRFCA ) brought in many changes to the way non-citizens
CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY
IMMIGRATION CONSEQUENCES OF SELECTED FLORIDA OFFENSES: A QUICK REFERENCE CHART 1 Disclaimer: Immigration consequences of crimes are a complex, unpredictable, and constantly changing area of law in which
PRACTICE ADVISORY 1 FOR VIRGINIA CRIMINAL DEFENDERS: IMMIGRATION EXECUTIVE ACTION Prepared by Heidi Altman and Morgan Macdonald CAIR Coalition, Virginia Justice Program December 10, 2014 On November 20,
First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-00.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Saine and McCann, Cooke and Johnston, SENATE SPONSORSHIP
Ultimate Medical Academy - Student Drug and Alcohol Prevention 8/10/2015 Contents Drug and Alcohol Abuse Prevention Drug-Free Environment Policy...2 Health Risks...2 Alcoholism... 2 Major Drugs... 3 Amphetamines...
Administrative Licence Suspensions What is an Administrative Licence Suspension (ALS)? An Administrative Licence Suspension (ALS) is a drivers licence suspension for impaired drivers, administered by enforcement
ATTORNEYS AT LAW What Parents Should Know: Common Criminal Charges & Consequences for Minors WWW.FB-FIRM.COM About the Author: Mark J. Mandell Attorney Mark Mandell has extensive experience in representing
Criminal convictions and their lifelong impact...real or imagined? How will this affect me? Short answer: It depends May depend on: Age of offender (at time of offence and conviction) Age Under 17 at time
Penalty Overview As your Attorney, I will work to have your DWI charge dismissed or have you found not guilty. If DWI conviction penalties, such as a fine or jail time, are incurred, we will work together
DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA ADMINISTRATIVE ORDER NO.: VI-07-N-1 IN RE: ORDER CONCERNING CREATION OF THE MISDEMEANOR DIVERSION PROGRAM FOR
Chapter 1: Overview 1.1 Purpose of Manual 2 1.2 Role of Defense Counsel 2 A. Practice Standards and Cases Recognize Defense Counsel s Role B. More Noncitizen Clients May Face Adverse Immigration Consequences
IMMIGRATION AND REFUGEE FACT SHEET What can happen if a permanent resident is convicted of a crime This fact sheet explains how being convicted of a crime in Canada can affect someone s status as a permanent
POLICE DEPARTMENT EMPLOYMENT PLEASE NOTE: Application packets are only available if the City if hiring police officers. Please check the City s job listing for current, available positions. Eligibility
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About DWI & DUI Charges HOW TO USE THIS GUIDE If you read this guide, you will discover
Colorado Legislative Council Staff Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 MEMORANDUM October 9, 2012 TO: Interested Persons FROM: Hillary Smith, Research
Immigration Consequences of Criminal Conduct AGENCIES AND DEPARTMENTS DHS: U.S. Citizenship and Immigration Services (USCIS) Administering immigration benefits and services is primary focus Services include
identifying data deleted to prevent clearly unwananted invasion of personal privacy U.S. Department of Homeland Security U.S. Immigration and Citizenship Services Of/ice oofrldminis~ative Appeals MS 2090
OFFICE OF THE WARREN COUNTY DISTRICT ATTORNEY WARREN COUNTY COURT HOUSE 204 Fourth Avenue WARREN, PENNSYLVANIA 16365 Phone 814-728-3460 FAX 814-728-3483 ACCELERATED REHABILITATIVE DISPOSITION APPLICATION
Practice Advisory for Criminal Defenders: New Deferred Action for Parental Accountability (DAPA) Immigration Program Announced by President Obama What Is Deferred Action for Parental Accountability (DAPA)?
Immigration Consequences at Sentencing 1 Peter Edelmann The severity of deportation "the equivalent of banishment or exile," [...] only underscores how critical it is for counsel to inform her noncitizen
Criminals and Immigration The Effects of Convictions on Immigration Status INITIAL CONSULTATION Determine immigration status of client. Determine immigration status of immediate family members, including
Michael Gayoso, Jr. Office of the County Attorney TH 11 Judicial District/Crawford County, Kansas DIVERSION PROGRAM -- DRIVING UNDER THE INFLUENCE Pursuant to K.S.A. 22-2906 et seq. the Crawford County
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/HB 147 Expunging and Sealing Criminal History Records of Minors SPONSOR(S): Criminal Justice Subcommittee; Latvala; Sprowls and others TIED BILLS: None
The National Hardcore Drunk Driver Project NEW JERSEY STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
Pro Se Advisory for Immigrants with Multiple Drug Possession Convictions: Instructions for Challenging Whether You Have Been Convicted of an Aggravated Felony Last updated October 17, 2007 This advisory