Yuma Legal Blog

Judge not supportive of federal immigration challenge

It is no surprise to anyone who lives in Arizona that immigration continues to be a primary topic in the region. The challenges surrounding immigration and immigration laws have been particularly heated under the current presidential administration. In fact, Police One reports that the administration has initiated three lawsuits against neighboring California regarding immigration. 

The disputes between the federal government and the state of California cover many topics but may center around the federal wish for law enforcement officials in the state to help immigration officers. A case in the matter actually went before the U.S. Court of Appeals recently. The U.S. government wanted those in California to provide dates that inmates would be released from jail or prison as well as identifying personal information. The state has banned this type of cooperation.

Evaluating the reliability of breath test devices

Drivers who are pulled over on suspicion of drunk driving in Arizona, may be asked to submit to a breath test. Law enforcement officers use roadside breath tests to determine whether motorists are driving over the legal limit of 0.08 percent. Those who are guilty of this offense may face a drunk driving charge and may be forced to deal with the repercussions of a DUI. Yet studies show that some breath test devices give inaccurate results, which could lead to wrongful DUI charges and convictions.

The study published by the State University of New York at Potsdam, showed that breath test results obtained by breath test devices may vary by up to 15 percent from the BAC results obtained from an actual blood test. In fact, one out of four drivers tested may have inflated BAC results.

Arizona YouTuber’s experience shows how swatting is illegal

It is easy to forget that real people are involved in online arguments, especially when emotions run high. Some people prefer to handle an online disagreement by debating in the comment section, while others may take the conflict up a notch. It is important for Arizona residents to understand that some online conflicts can result in criminal charges.

Some people, especially gamers, resort to a prank called “swatting” when they are frustrated or angry with another internet user. They may think the joke is harmless, but in reality, it can be dangerous and is also illegal. AZFamily reported on a recent swatting incident, in which a YouTuber from Glendale had law enforcement show up at his home while he was live streaming. Allegedly, someone had called 911, posing as the YouTuber and saying that he had killed his wife and was armed. The man said officers went through his home with their weapons drawn.

5 reminders that it is time to estate plan

Is it time for you to get serious about estate planning? The chances are good that you have not checked this off your to-do list yet. The majority of American’s put off estate planning until very late in life, and sometimes, not at all.

What that means for your family is having assets tied up in probate, and slashed by preventable taxes.

New CA law helps pardon criminals facing deportation threats

California government is pushing a new state law that will offer an express review for criminals facing deportation. The state court system is continually backed up with cases requiring review. However, the purpose of this law is to grant higher priority reviews for criminals who are in jeopardy of losing their ability to stay in the United States.

In the past, the state has not been held to a time restriction for reviewing cases. This law will expedite the process for many individuals and families who are waiting to find out whether deportation will be enforced or not.

Field sobriety tests not 100 percent accurate

If you are like a lot of people in Arizona, you are no doubt aware of the stereotype surrounding alleged drunk drivers. Even the term alone is likely to conjure up a certain image in your mind of a person who is not very responsible and who is so intoxicated that they can barely speak or stand properly. However, the truth of the matter is that many very responsible people who do not readily appear to be intoxicated can and do find themselves charged with driving under the influence offenses.

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.

Government shutdown impact immigration courts

Because Arizona is one of the states that shares a border with Mexico, residents in Arizona often feel directly impacted by any government decision or action that impacts immigrants, especially those who come into the United States from Mexico or other Central American countries.

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.

Noncompliance with a rental agreement can be cause for eviction

The eviction process may be one of the most difficult duties you have as a landlord. It can feel harsh if, for the most part, you have had a positive relationship with your tenant. However, a rental agreement is a legally binding contract between you and your tenant. When a tenant does not uphold his or her end of the agreement, it is good business to begin the eviction process before the lease has ended.

There are many ways a tenant can be out of compliance with his or her rental agreement, including:

  • Damaging the unit to the point that it affects health or safety
  • Keeping pets in the apartment when they are not allowed
  • Allowing people not on the lease to live in the apartment
  • Failing to pay rent
  • Engaging in illegal activities, such as prostitution, assault or drug use

Tips for international students seeking jobs on OPT status

It is no secret that the current political climate in the United States may make it seem more difficult than ever before to find employment as a non-citizen. If you are an international student graduating from a U.S. college or university and are seeking Optional Practical Training (OPT) status, you may be anxiously searching for companies that would be open to interviewing you. Although it may feel like all hope is lost, applying a good strategy can help maximize the effectiveness of your job search. Consider the following suggestions:

If you have not created your will yet, now is the time

This time of year, you can be easily reminded just how much you love your family and friends. One way you can show each of them just how much you care for them is by ensuring you have your estate planning in order with a last will and testament.

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.

Even A Minor Violation Can Threaten Your Immigration Status. We Can Help Protect Your Future.

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