Southern California Defense Blog

(Your Criminal Case can lead to your deportation or denial of citizenship)

It is critical that if you are not a United States citizen and are accused of a criminal offense in California must you immediately inform your criminal defense attorney of your immigration status. Your criminal defense attorney can then discuss with you your immigration status and then can have you work with immigration lawyers who can help determine what type of settlement in criminal case can avoid adverse immigration consequences.

Many people think that they know the type of criminal convictions that can lead to adverse immigration consequences. However, immigration law is highly complex and there are specific rules that are applied. Do not make the mistake of thinking you can "hide" the fact that you are not a United State Citizen from your lawyer. Your lawyer is there to help you avoid severe punishment in your criminal case. However, an experienced criminal defense law firm will want to be able to assist you with consequences that go far beyond the direct result in your criminal case.

If you are accused of a criminal offense and are not a United States citizen you should notify your California criminal defense attorney of this fact during the initial contact you have with your criminal defense law firm. Prior to the conclusion of your case it will be critical that you also consult with an immigration lawyer who can work with your criminal defense lawyer to do what is possible to avoid your deportation or denial of citizenship.

If you have any questions about this information contact Wallin and Klarich 24/7 so we can discuss this with you in more detail.

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Immigration Matters

Bookmark:

The Bush administration in an apparent “show of strength” to appease the conservative Republican voters are implementing massive arrives of “suspected” illegal aliens. When the “suspected” illegal aliens are arrested they are held without bail for long periods of time.

In recent weeks over 530 people were arrested during raids on people’s homes. Over 800 additional arrests were made while persons were being held in local county jails for various criminal charges. It is critical that if you find yourself in custody and you are not a US Citizen that you retain the services of a criminal defense lawyer to try to have the lawyer get you released from custody. If you sit in custody you are a “sitting duck” just waiting for the INS to do the next sweep and then put an INS hold on you.

It appears that the current Bush administration is going to keep the pressure on to have more illegal aliens rounded up. The sweeps will most likely continue to happen in the local jails. If you do not want to have an INS hold placed upon you, then you need to immediately contact a California criminal defense firm like Wallin and Klarich if you are arrested. You can reach Wallin and Klarich at 888.280.6839 24/7 and we will be there to help you when you call.

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Immigration Matters

Bookmark:

The California Supreme Court has recently ruled that a man who had been wrongfully imprisoned for 25 days could sue the state for false imprisonment and negligence.

The man was arrested for drunk driving but immigration and parole officials thought that they had another man who had previously been deported to Mexico several years earlier.

Continue reading "Wrongfully imprisoned? You may sue the state" »

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Immigration Matters

Bookmark:

A lawsuit was filed recently in LA Superior Court by residents of the City of Los Angeles seeking to stop the Los Angeles Police Department from enforcing its longstanding “Special Order 40.” The lawsuit alleges that Special Order 40, as well as the practices of the LAPD relating to that Order, run contrary to the mandates of California Health & Safety Code § 11369.

Special Order 40 was first enacted in November 1979 by then Police Chief Daryl Gates. The Order instructed officers to “not initiate police action with the objective of discovering the alien status of a person.” The Order continues that officers are prohibited from arrest[ing] or book[ing] persons for violation of Title 8, Section 1323 of the United States Immigration [sic] Code (Illegal Entry).” The Order states further that, upon arresting an “undocumented alien” for “multiple misdemeanor offenses, a high grade misdemeanor or a felony offense,” the LAPD is required to notify the immigration authorities of the arrest of the individual, and forward the individual’s arrest report to immigration officials.

A 2000-2001 study by the Rampart Independent Review Panel, which was assigned to investigate the Rampart scandal and report its findings to the LA Police Commission, found that, in practice, the LAPD “go[es] beyond the limited provisions of Special Order 40.” The Panel’s investigation found that LAPD officers do not notify immigration authorities of the arrest of an “undocumented alien” as they are required to do under the provisions of the Order. The Panel found that, in practice, immigration authorities are only notified of the arrest of an undocumented alien by LAPD, if, after the arrested person appears in court, the judge orders the person to be held in the Los Angeles County Jail. At this point, immigration authorities are notified by the LA County Sheriff’s Department, and not LAPD. Thus, in practice, according to the findings of the Rampart Panel, LAPD never notifies immigration authorities that an undocumented alien has been arrested.

This recently filed lawsuit challenges these practices by the LAPD as being contrary to the requirements of state law, to wit: California Health & Safety Code § 11369, which provides that, “[w]hen there is reason to believe that any person arrested for a violation of [certain enumerated drug related crimes], may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters.” It seems clear that the LAPD policy of not notifying immigration authorities of the arrest of a person on such certain enumerated drug related crimes runs contrary to the requirements of this California statute.

Continue reading "LAWSUITS CHALLENGE LAPD IMMIGRATION POLICY" »

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Immigration Matters

Bookmark:

When driving down the streets of Los Angeles, most people are not concerned about dodging La Migra, otherwise known as Federal Immigration Officials. Illegal immigrants only have to worry about that stuff around the border of the United States and Mexico, right? Well, if certain anti-illegal immigrant activists have there way, illegal immigrants in Los Angeles will have to worry about Los Angeles Police Department (LAPD) officers acting as La Migra.

Currently, LAPD officers are prohibited from inquiring into the immigration status of suspects, under the LAPD’s Special Order 40. Officers have traditionally used a “don’t ask, don’t tell” method when it comes to immigration status, in part so that members of Los Angeles’s immigrant communities will freely cooperate with officers without fear of being deported.

However, anti-illegal immigrant activists have filed suit challenging Special Order 40 and demanding that LAPD officers inform immigration officials when illegal immigrants are arrested on drug charges. These activities point to a section in the Health and safety Code which states that “the arresting agency shall notify the appropriate agency of the United States having charge of deportation” of the names of individuals arrested on suspicion of drug trafficking or possession.

Continue reading "Police Acting as La Migra?" »

Posted by Wallin & Klarich | Permalink | Email This Post

Posted In: Immigration Matters

Bookmark: