When questioned by a law enforcement officer for suspected impaired driving, a person may be asked to take some field sobriety tests before a breath or another chemical test is ever administered. These field tests are used to provide support for the allegation that you might be intoxicated so that the officer has legal cause to place you under arrest and charge you with a DUI. As explained by FieldSobrietyTests.org, none of these three field tests are fully accurate.
]]> The accuracy rates of the individual field sobriety tests range from 65 percent to 77 percent with the one-leg stand test being the least accurate of all. Many factors, including physical and mental health conditions, may interfere with a person's ability to pass these tests.If you would like to learn more about the type of evidence that may be collected and used against you in a drunk driving case and how to defend yourself, please feel free to visit the field sobriety test page of our Arizona criminal defense website.
]]>The ongoing partial shutdown of the federal government is the latest action to have a direct impact on people as all immigration courts are closed until the government shutdown ends or some other resolution is achieved. One exception to this is the processing of visas. This will still be allowed as this is a process which generates income and, therefore, it is allowed to continue.
]]> As reported by KGUN9.com, many people in Arizona who were supposed to attend hearings or other court proceedings related to their immigrant status now have to wait. To make matters worse, some could end up facing an even bigger problem than simply having their hearing dates pushed out. This is because a person might today be in the U.S. legally but that status may have an expiration date which may come around before the shutdown ends.A person's rights to due process under the law may also end up being violated by the delay caused by the shutdown. In total, more than 67,400 immigration cases have been delayed nationwide as of January 17, 2019. In Arizona alone, nearly 1,000 people have had their immigration hearings postphoned. None of these people have any idea when they will be able to have their cases reviewed or heard.
]]>There are many ways a tenant can be out of compliance with his or her rental agreement, including:
The first step in the eviction process is to properly provide your tenant with notice. This could be a five-day notice or a ten-day notice depending on your reason for initiating the eviction. In many cases, the tenant must be allowed to continue renting the unit if the issue is remedied. However, if your tenant is involved in certain illegal activities, you may be able to provide notice of immediate termination of the rental agreement.
If your tenant does not remedy the problem or move out within the designated timeframe, you can move forward with the eviction process by filing a complaint with the local eviction court and attending the hearing. If you win the judgement at the hearing, you can make an appointment with a sheriff to reclaim possession of the unit.
For the eviction to be successful, it is important that you correctly complete each step in the process and do not try to take matters into your own hands. Eviction can be a complicated process, but it may be a necessary one if your tenant is not upholding his or her half of the rental agreement.
]]>Your determination can pay off
As stressful as the process of finding a job can be, remaining persistent can pay off. There are still employers who are willing to hire qualified international students, and it may take effort to find these opportunities.
]]>You may not think that planning for a time when you are no longer around is really showing your family love, but what happens if you have an untimely demise and you do not have any of your wishes documented? Preparing your family for a time when you are no longer around is one of the most responsible acts you can do.
]]> What if you die without a will?If you die without a valid will in place, your property will be distributed after going through a process called intestate succession. Intestacy laws are a way to properly reflect what the person who died would've wanted to have happen to their property. In Arizona, the summary of intestacy succession would start with a spouse, then children, grandchildren, great-grandchildren, parents and siblings and son on.
The problem with your property going through instate succession is that you do not have any control of what happens to your property. The bottom line is, if you fail to prepare a will, you are leaving someone else to make your final wishes and decisions for you.
Why you should create a will
If you have not yet started your estate planning documents, or at the very least your will, you should think about getting it accomplished as quickly as you can. The future is not guaranteed to any of us and preparing your will can be one of the greatest acts of love you can provide for your family.
]]>How does one qualify to be classified as a refugee? According to the U.S. Immigration and Nationality Act, a refugee is one who is outside of their country of origin and is unwilling to return to (or avail themselves of the protection of) said country for fear of persecution due to any of the following:
International law (as well as domestic policies) mandate that asylum be granted to those qualifying as refugees who are either currently in the U.S. or seeking entrance at a U.S. port of entry. Per the American Immigration Council, one can apply for permanent residency status after one year of being deemed a refugee. Even during that initial waiting period, refugees granted asylum can enjoy benefits such as healthcare through Medicaid or protected travel overseas. They can also seek residency protection for their spouses and any unmarried children under the age of 21.
]]>Flaws in the eyewitness lineup process include inadvertent leading of the witness to choose a certain person from the lineup. Generally, the lineup administrator has full knowledge of the case. The lineup should be administered by a person who has no knowledge of the case in order to avoid leading the witness. Furthermore, the witness should be given proper instructions. This includes being told that the suspect may or may not be present in the lineup, so they do not feel obligated to make a choice.
]]> Poor organization of a lineup can also lead to picking an innocent person. For example, if the suspect is said to have a beard and a tattoo, there should be more than one person in the lineup with a beard and tattoo. Having just one person in the lineup that matches the description of the perpetrator may lead to an error.Finally, lineup procedures should be recorded so a judge may review the process to ensure proper practices have taken place.
]]>Being accused of criminal activity might easily derail one's attempt to remain in the U.S. Indeed, several men were cited for immigration violations in conjunction with a drug arrest that took place near Yuma. The incident began when border patrol agents ordered the inspection of a car stopped at an immigration checkpoint that they suspected was carrying drugs. Their suspicions were verified when over 30 pounds of crystal meth was found in the vehicle. The five men in the car were arrested and now face drug charges. Of the five, only one (a man from Mesa) was reported to be in the U.S. legally.
]]> One's current immigration status may be considered when determining how their future in the U.S. should be impacted by a criminal charge. The severity of the alleged offense might also be a determining factor. Those hoping to secure a favorable outcome to a criminal case that does not put their immigration or naturalization plans in jeopardy may need assistance in presenting a strong case to the court. Such assistance may come in the form of an experienced criminal defense attorney. ]]>Too often individuals accept the charges brought against them without a second thought. They may do this because they want to put the experience behind them quickly, or because they think the evidence against them "looks bad". No matter how bad the situation may appear, it is always worth it to defend your rights.
]]> How to defend against a DUIThere are several strategies a DUI defense attorney may employ when they argue your case. They will begin by gathering as much information as they possibly can on the events that led to you being pulled over, how the police officer interacted with you, the circumstances of your arrest and other important factors.
Law enforcement officers routinely disregard proper procedures when they stop individuals they suspect to have violated the law. One of the most common examples of this is when an officer improperly stops a suspected drunk driver. If they did not have probable cause to stop you, there is a good chance that your attorney will be able to have the charges against you dropped.
How the officer administered a field sobriety test or breathalyzer test may also be called into question. Field sobriety tests are often improperly administered. The horizonal gaze nystagmus (HGN), a test in which the officer watches how the suspect's eyes move, specifically is often challenged to great effect for the defendant.
Additionally, breathalyzers are notoriously temperamental. Most models must be rigorously maintained and carefully calibrated to give accurate readings. Most people do not realize how many individuals are convicted of a DUI because of a false positive or exaggerated BAC reading. Do not let yourself be counted among them.
These are among the most common defenses for a DUI allegation. Each situation is different, and your attorney will be able to find you the most effective defense for your arrest. Do not accept a charge simply because it is brought against you. Not defending yourself could lead losing your driver's license, heavy fines and possibly even incarceration. You have the right to be defended - use it.
]]>Here is an overview of all the components your plan will need to address.
]]> Get your financial information organizedWrite down all your assets and debts. Gather every document that makes up your financial worth. This will include real estate, vehicles, boats, bank accounts, investments, pensions, life insurance policies, credit card statements and even items such as artwork and jewelry. Do not leave anything out, the work you do with an estate planning attorney will depend on having your full financial background accounted for.
Make a list of beneficiaries
This will include all members of your family and close friends, such as your spouse, children, siblings, grandchildren, nieces, nephews and close friends. In your list, include as much information you can about them, including full name, addresses and how they relate to you. You can also include any entities you may also want to give to, such as charitable organizations or non-profits.
Who will be your executor?
This will be the person who will have legal responsibility of your financial obligations after you pass. Many times, people will name a spouse or an oldest child, but the most important thing is to name someone you trust.
Health care decisions
If you happen to become incapacitated for any reason and are unable to make health care decisions, you will need explicit instructions on how you want your health care handled. This can include your wishes for nursing homes, home care, assisted living facilities and even medications.
These items are just the beginning, but it will start your estate plan rolling. An estate plan expert will be able to guide you through all the details to make sure you don't miss a thing. Completing your estate plan can be daunting, but there is good reason for it, you are looking after your family. One other benefit of working on your estate plan, it will give you peace of mind.
]]>In the early autumn of 2017, the DACA program was ordered to be eliminated in a phased approach. Since then, however, additional changes have taken place. Today, anyone who had been granted deferred action under DACA before the order of elimination in September of 2017 may apply for a renewal of their original deferral.
]]> There are specific criteria that must be met for a person to apply for these protections and some relate to different dates. A person must currently live in the U.S. and have done so without stopping since June 15, 2007. They must not have been older than 15 when first coming to American and they must not have been older than 31 as of June 15, 2012. If they at any time had legal status in the U.S., they may not apply for deferred action.If you would like to learn more about your rights and opportunities in the United States under the Deferred Action for Childhood Arrivals program, please feel free to visit the DACA protections page of our Arizona immigration and naturalization website.
]]>As explained by KTAR, in 1997 the Flores Agreement was enacted into law and mandated that immigrants seeking asylum be detained for no longer than 20 days after first entering the U.S. For a person wishing to be granted asylum, they must first be questioned by officials from Immigrations and Customs Services.
]]> If the immigrant passes that set of questions, their case is sent on to be heard by an immigration judge. It is then up to the judge to determine whether or not that person's request for asylum is granted or denied. In the past year, the number of migrants coming into Arizona has increased. At the border crossing at Yuma, for example, it is estimated that twice the number of people are entering the U.S. presently versus at the same time in 2017.The large number of immigrants appears to be posing challenges for authorities who may not be able to complete initial questioning for asylum seekers within the 20-day limit of detention under the Flores Agreement. As such, large numbers of immigrants are being taken to local churches or otherwise released from custody while their cases are still pending.
]]>
A 601 waiver allows immigration services to temporarily overlook your legal standing while you work toward changing your immigration status. You may receive this waiver if your family would experience severe difficulties if you were deported. But there are qualifications you need to meet to show that you are eligible for this waiver.
]]> To qualify for a 601 waiver, you typically need to demonstrate that you have a qualifying relative who is a legal resident of the U.S. and requires your presence in the county. If you have aging parents who need your care, for example, or if your qualifying relative cannot move to another country because of a medical problem, you might be eligible. Additionally, you may also be eligible if the country of your birth is about to experience political turmoil. The U.S. Citizenship and Immigration Services generally utilizes a four-tier system of eligibility. You may need to demonstrate that your reasons for remaining in the country fall under more than one tier.In some situations, a 601 waiver may be used even if you have a criminal record.
This information is general in nature. It should not be considered as legal advice.
]]>The first important point for you to understand is that Arizona law does not allow offenses to be expunged from your record. However, the state does allow for certain criminal convictions to be "set aside." What this means is that your conviction will remain on your record, yet it will also show that you met the requirements for having the conviction set aside and that, because of your efforts, the court agreed to vacate your conviction. Not all offenders are eligible to have their convictions set aside, however. According to Section 13-907(K) of Arizona'a Revised Statutes, any of the following offenses would eliminate you from being eligible for this benefit:
A recent lawsuit filed against the Maricopa County Sheriff's Office states that such understanding was not present in its deputies' dealings with a local man. The man was arrested after authorities attempted to conduct an unauthorized search of his vehicle following an accident (and subsequent altercation) he was involved in. The man protested, and a fight broke out between him and the deputies (during which one of the deputies suffered a broken leg). The man alleges that the remaining deputies then took him back to a police substation, where he was assaulted by officers and bitten by a police K9. While the man's attorney admits that he did resist the officers at points and probably could have handled the situation better himself, the response (and alleged retaliation) of the deputies was inappropriate.
]]> This particular case includes several potential abuses of police authority (an unauthorized search, unjustifiable use of force, etc.). Those who may come under the scrutiny of authorities might need an advocate to ensure that the outcomes of their cases are not influenced by such abuses. An experienced criminal defense attorney might be such an advocate. ]]>