Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 3)

Obtaining Relief

Simply having a claim is not enough to obtain relief though. There are two parts to an ineffective of counsel claim. You must first prove that the lawyer’s performance was deficient. You must also establish that you were prejudiced. In this context, that means establishing that you would not have pleaded guilty if you had received accurate advice. The ability to do that depends on the facts of the case; if you were caught “red-handed”, and have no possible defense, you are going to have a difficult time establishing you would have insisted on going to trial.

I believe there will be a wave of claims involving defendants who receive some type of deferred disposition.  The reason is that very few lawyers recognize that placement into such a program can subject a person to removal proceedings. Additionally, enforcement has stepped up, especially here in Georgia. I’ve seen a lot of people who were probably subject to removal proceedings, but nothing was ever done. Now, you can expect even the most minor offense will result in some type of action by ICE. Until criminal defense lawyers understand this, there are going to be people who suddenly find themselves in a holding facility, be it county jail or an immigration detention center. At that point, the options aren’t great, but at least you have some.

If you or a family member are in this situation, don’t wait. You need to contact a lawyer immediately.

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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 2)

The remedy is an application for writ of habeas corpus

Once a person is in immigration custody, the only option is to file an application for writ of habeas. Generally, that will be based on a claim of ineffective assistance or a claim that the plea was not voluntary. Since Padilla, the law is very clear that a lawyer has the obligation to advise a defendant about the consequences of a conviction. The question becomes how extensive that advice should be; in other words, is it enough to say you “might” be deported, or do you need to go further? Under the current administration, do you have an obligation to advise a defendant that they will be deported, or removal proceedings will be initiated?

Writ claims can be divided into two categories:

  1. The failure to provide advice. The failure to provide any advice is rare. Most lawyers know enough to at least tell a client that they might have a problem if they are not a United States citizen. However, it might happen if the lawyer is not aware of the client’s status. There is an argument to make that a lawyer has the obligation to ask the questions and to ask the right questions.
  2. The failure to provide accurate advice. This occurs most often where a client is subject to mandatory deportation, and the lawyer simply tells them they “might” be deported. If the result is automatic, the client needs to know that. This can also occur where the lawyer incorrectly tells the client that they don’t have anything to worry about.

If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.

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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 1)

With as much talk as there has been over the last few years about immigration, you would think most criminal defense lawyers are sensitive to the potential consequences of a conviction for defendants who are not United States citizens. Unfortunately, I continue to see lawyers who believe certain dispositions will protect a client against removal proceedings. Generally, this occurs where the client is placed on deferred adjudication, or placed in some type of pre-trial diversion program. They mistakenly believe that if there is no conviction, there are no immigration consequences.

I’ve recently seen cases where a defendant was placed on deferred adjudication for a minor offense, and when they went to report for probation, were met by ICE officials. They had no idea that could happen until it was too late.

I’ve also seen too many cases where the lawyer fails to ask about a client’s immigration status. They may have grown up here, graduated from high school or even college, and have stable jobs. There is nothing to suggest they are not United States citizens. Some lawyers also ask the wrong question; they might be here under DACA, or have a valid work permit, and if asked if they are “legal” will truthfully answer yes.  If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.

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Hot Cars and Children in Georgia

Pediatric vehicular heatstroke (PVH) kills dozens of children every year in the United States. These tragic deaths are all preventable. Regardless of how quick you think the errand will be, do not leave your children alone in the car. A child should not die because someone misjudged how long the line would be in a store.

Ways to prevent a child from getting heatstroke in your car:

  • Never leave your child alone in the car.
  • Do not leave your car unlocked. Some children have died from PVH because they were playing and sneaked into an unlocked vehicle.
  • Call 911 every time you see a child alone in a car.
  • If your child goes to daycare, set an audible alarm on your cell phone to double-check that you did not leave the child in the car. Also, set up a protocol that the daycare center will call you if they do not receive your child on time.
  • Place an item that you must have for work in the back seat of the car, next to your child. Your phone, wallet, purse, briefcase, or one of your shoes are objects that you are unlikely to forget to grab before getting out of the car.
  • Use high-tech devices like rear seat reminders and car seat “smart” chips to alert you if there is a child in the rear seat or that you should check the back seat of your car.

Safe Drivers

One of the best ways to protect your child in a car or truck is to make sure she only rides with safe drivers. Make and always follow family rules so that your child does not ride with a driver who is:

  • Impaired by alcohol, prescriptions medication, or other drugs
  • Drowsy
  • In the habit of texting, speeding, engaging in road rage, or any other type of unsafe, distracted driving.
  • Young and inexperienced.

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Navigating Georgia Child Restraint Laws

Under Georgia law, your child must wear a seat belt at all times when traveling in a motor vehicle, if he is between the ages of 8 and 18 years and is 4 feet 9 inches tall or more. A child younger than 8 or under 4 feet 9 inches tall must ride in the child car seat or booster seat that is appropriate for her size and age.

Your child should follow the Georgia seat belt laws and always wear the correct child safety restraint device (seat belt, car set, or booster seat) at all times whenever riding:

  • With any member of your household;
  • With anyone who is not a member of your household; and
  • In a school bus or on public transportation.

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Georgia Hit And Run Laws (Part 2)

 

What to Do after a Hit and Run Accident

Get as much information about the other vehicle as possible. Make note of it or ask someone else to record the details. A license plate number makes it easier to track down the driver. But even without that, a description of the vehicle can help.

A description of the vehicle includes:

  • color;
  • make;
  • model;
  • damage; and
  • other distinguishing marks (e.g., rust).

Also write down anything about the driver or passengers in the vehicle. A description of the people can sometimes help in finding the responsible party.

Write down the time of the accident and the location. Note what direction and street the driver fled. Also, get contact information from any witnesses.

Call the police and request a copy of the police report. Although there might not be a lot of information you can provide, a police report can help when filing an insurance claim.

Get photographs of your damaged vehicle. Take pictures of damaged property (i.e., light pole or fence) and debris (i.e., broken glass or vehicle parts). Photograph anything else of relevance, such as tire marks.

If the other driver is caught, file a claim with his/her insurance company. Contact your own insurer as well; you may be able to recover from your uninsured motorist coverage or other types of coverage on your policy. Look over your policy for options that may be available.

Regardless of whether the driver gets caught, it’s a good idea to seek legal advice if a hit and run results in serious or fatal injuries. An attorney may gather any evidence available and perform an investigation. Or the attorney might use the information later if the police end up locating the driver. This could allow for the recovery of damages in a personal injury lawsuit.

For a victim it could mean compensation for medical bills, lost wages, pain and suffering, mental anguish and more. For the family of a loved one killed, it could allow the filing of a wrongful death claim. Some of the damages may include medical costs, funeral expenses, loss of consortium and more.

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Georgia Hit And Run Laws (Part 1)

How Georgia Law Defines a Hit and Run Accident

The law states that drivers have a duty to stop or return to the scene of the collision. If the crash results in injury or death, the driver must immediately stop at or near the scene of the accident.  A failure to do so would constitute as a hit-and run.

Besides stopping at the scene of an accident, drivers must provide certain types of information:

  • name;
  • address; and
  • registration number of the vehicle driven.

And if requested by the driver or an occupant of the vehicle involved in the collision, drivers must provide their driver’s license number.

Drivers must render aid to anyone injured in the crash. This generally includes call 9-1-1 and requesting emergency services to transport the injured individual to the hospital.

Penalties in a Georgia Hit and Run Accident

Drivers face a misdemeanor charge for a hit and run, as long as no one suffered serious or fatal injuries. Fines can range between $300 and $1,000. It’s also possible to face up to 12 months imprisonment. With regard to his/her license, it could also include a stay, suspension or probation.

Drivers who leave the scenes of accidents that result in serious or fatal injuries face felony charges. Imprisonment could be from one to five years.

Of course, if the driver is caught, the injured victim or the victim’s family could also pursue legal action against the hit and run driver. To protect a future claim, it’s important to know what to do after a hit and run accident in Atlanta.

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Georgia Firearm Offenses

The Second Amendment gives Americans the right to bear arms, but there are Georgia laws that govern how and where those firearms can be used. These laws can be quite complicated, and charges relating to firearm offenses can carry stiff fines and penalties for those convicted of a gun-related crime. Depending on the circumstances of your case, these penalties can include years in prison, enhanced sentences on related charges and mandatory minimum sentences.

There are a wide range of laws on both the state and federal levels that govern the possession and use of firearms. There are many potential complications and legal intricacies surrounding Georgia firearms offenses. An attorney who understands the inner workings of the Georgia criminal justice system and the legal possession, use and ownership of a firearm are your best and most reliable line of defense against such charges. We are committed to protecting the legal rights and interests of each and every one of our clients. We firmly maintain that they’re innocent until proven guilty beyond reasonable doubt in a court of law.

From carrying a weapon in an unauthorized location to unlawful possession of a firearm or weapon or firearm possession by a felon, there are a wide range of gun-related offenses in the state of Georgia that a person could be charged with under a variety of circumstances. Because there are so many potential charges you could face regarding the use and possession of a firearm, it’s not always easy to understand the deeper implications of conviction.

Whether you’re being investigated for or have been charged with an offense, we’re here to help. 

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What is a Vehicular Manslaughter Charge in Georgia?

Vehicular manslaughter (also known as vehicular homicide) can be either a misdemeanor or felony charge depending on the circumstances of the accident, but either charge could result in jail time or prison, fines, parole, probation and driver’s license loss. The death of an individual in a traffic accident is tragic, but your actions and rights deserve defense. And, you need aggressive defense in the face of a serious criminal charge.

We defend people throughout Georgia.  We independently investigate each case we handle. Examining accident scenes, interviewing witnesses, gathering evidence, working with accident reconstructionists, and challenging the prosecution’s case at every opportunity is critical to a successful defense.

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Theft By Extortion in Georgia

In Georgia, theft by extortion is when you obtain money or property by threatening another person, their property, or loved ones. You can also be charged with extortion if you acquire money or property through intimidation or falsely claiming to be someone whom you’re not. If you’ve been charged with extortion, you could be facing up to 10 years in prison.

To fight and defend yourself against theft by extortion charges, you need the best criminal defense attorneys available. We have the skills and ability to craft a strategy to fight theft by extortion charges, protect your freedom and your rights, and minimize or avoid fines and prison time.

Georgia’s law and statutes pertaining to extortion are confusing and complicated for most people. Extortion charges must be carefully evaluated and investigated by a competent criminal defense attorney with in-depth knowledge of many elements of extortion. If you’re facing charges of theft by extortion in Atlanta, it is essential to hire an experienced Atlanta theft by extortion attorney. We offer commitment to provide the best legal defense possible to individuals who are accused of theft by extortion.

You don’t have to allow charges of theft by extortion to turn your life upside down. 

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