The Izaguirre Law Firm Blog

What To Do When Stopped

7003988494 — Tue, 07 Mar 2017 21:32:48 GMT

What should you do if you are stopped by a police officer?

First let’s begin with the reason as to why you would get stopped. A police officer may stop you because you have committed a traffic violation or because he believes that there is probable cause that you will commit one or are a danger to others.

What could be considered as probable cause?

They’re many things and situations that can be used as probable cause for example the appearance/condition of your vehicle. Dark tinted windows, broken light lenses, cracked windows, loud exhaust pipes and even the damaged body of your car can be used as excuses to make a stop.

Another example is the mannerism of your driving. Either you're going to slow or too fast, swerving, indecisive turns, or you're just looking lost.

All of this can be used as probable causes to make a stop, what an officer finds during the stop can be used to make an arrest.

If you have nothing to hide then you have nothing to fear.

During a stop by a police officer;

1- Stay Calm

Remain in your seat and wait for the office to approach you.

Keep your documents in an accessible place, and hand them over when asked.

2- Be Silent

You have the right to remain silent, if the officer ask you questions you don’t feel comfortable answering then politely decline.

3- Don’t Admit to Anything

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What should you do if you are pulled over and you have been drinking?

By any means is this an excuse to drive while under the influence of alcohol or other substance. If you have been drinking, then DON’T drive! But if you find yourself in this situation these are a few suggestions on how to manage the situation.

Once you see those red and blue lights go off, pull over to the right side of the road as steady as possible.

Always try to keep your registration and insurance in an easy to reach place. Turn your dome lights on and keep your hands on the wheel. If you have time and an opportunity, try to vent out your vehicle: roll down your windows or blast the A/C.

When the officer comes to your window be polite and hand him the necessary documents, after that say nothing and admit to nothing! People who are overly talkative or try to play things off tend to give out too much information, that can later be used against them.

As the officer begins asking you questions like “Have you been drinking?”, “Where are you coming from?” or “Do you know how fast you were going?” respond with “Why do you ask?”, “I have nothing to say”, or “I would like to speak to my lawyer before answering your questions.”

Remember don’t admit to anything or try to explain anything! Without your admission, the officer can only base his suspicion of probable cause in your mannerism for a DWI arrest.

The reason why it is so important that you don’t say anything after handing the officer your documents is because if you really are guilty you don’t need to give the officer more evidence to use against you. Another important thing that you should do that most people don’t, is to be observant of what the office says or doesn’t say or what he does or doesn’t do. For example, does he read your rights to your before making an arrest? at what time did you provide him with information? does he inform you of the penalties you face for refusing a field test? Failure to do this on his part can lead to any results he gets inadmissible in court.

Should I refuse a DWI Field Test?

Here is where things get tricky, contrary to popular believe it is better and recommended that you refuse to take any field test or blood test. If you know that you were stopped for DWI it’s safe to assume that you are going to get arrested either way, so again don’t give the officer more evidence against you.

If you are asked to get out of the vehicle do so, do not resist. Once you are out of the vehicle remain calm and politely refuse to do a DWI field test or breathalyzer test.

It is within your rights to refuse! Although there are penalties for refusing to do the test like; getting arrested (which you were most likely going to anyway), or a confiscated license (you get 15 days to request a hearing to save license).

From the moment, you were stopped your priority should be to avoid a criminal conviction rather than a civil penalty for refusing a DWI test. With no evidence taken by the officer on the scene it will make it easier for your attorney to fight your case!

What About My Vehicle?

NO. Never let an officer search your vehicle voluntarily. Anything found inside can be used as evidence, for example empty beer cans that you might have just tossed in your car or where already there from a long time ago can be used as evidence by the officer for a DWI arrest.

Without a warrant an officer can only look into your vehicle from the outside.

1- Stay Calm

2- Remain Silent

-Don’t say anything, don’t explain anything

3- Don’t Consent

- Without a warrant you can refuse any test and/or search

4- Don’t Drink and Drive!

Petición de Familiar Extranjero

7003988494 — Thu, 09 Feb 2017 21:51:10 GMT

El Proceso General

Para cada petición una Forma I-130 tiene que ser sometida.

Documentos necesarios o requeridos por las Oficinas de Inmigración puede variar por petición.

El proceso puede ser de dos maneras:

Proceso Consular

Si el familiar siendo pedido entro al país ilegalmente tendrá que salir del país para la entrevista.

-La Forma I-130 es sometida para aprobación

-Después de que la Forma I-130 es aprobada se envía la aplicación para la Visa

-Luego de la Visa sigue el Perdón

- La cita para la entrevista es mandada por la Oficina de Inmigración.

Ajuste de Estatus

Si un familiar inmediato que está siendo pedido entro al país con una visa él o ella podrá calificar para un ajuste de estatus sin tener que salir del país.

- Su familiar podrá calificar aunque se haya quedado en el país después del vencimiento

de su visa.

-Podrá hacer el proceso de Residencia Permanente dentro del país.

-Todas las formas necesarias para el proceso son enviadas a la misma vez.

-Hay una espera de 4-6 meses

- La cita para la entrevista es mandada por la Oficina de Inmigración.

Que familiares puedo pedir?

Como Residente:

-Esposo o Esposa

-Hijos no casados sin importar la edad.

*Hijos no casados mayores de 21 podrán ser pedidos pero tendrán que esperar a que una visa

sea disponible para ellos.

*Si un hijo que ha sido pedido se casa antes de que el proceso sea finalizado su petición

será revocada inmediatamente.

*Un residente no puede pedir a un hijo casado .

*Al llenar una petición, el familiar siendo pedido tendrá que tener un patrocinador financiero. El patrocinador puede

pero no tiene que ser el peticionario, cualquier otra persona puede patrocinar a la persona siendo pedida.

Como un Ciudadano:

Es requerido que el peticionario sea por lo menos de 21 años de edad.

-Esposo o Esposa

-Hijos casados o solteros

-Padres

-Hermanos y Hermanas

*La familia inmediata no tendrá que esperar en línea para disponibilidad de visas. La petición es

procesada cuando la Forma I-130 es aprobada.

*Hermanos y hermanas siendo pedidos que son casados tendrán que esperar en línea para la disponibilidad de visas. En la petición de un hermano/a podrá ser incluida su familia inmediata (Esposo/a e hijos).

*Al llenar una petición, el familiar siendo pedido tendrá que tener un patrocinador financiero. El patrocinador puede

pero no tiene que ser el peticionario, cualquier otra persona puede patrocinar a la persona siendo pedida.

Para una consulta gratis y saber como lo podemos ayudar llame a nuestra oficina al 281 227 8999

image via judemat under CC by 2.0

The Effects of a DWI

7003988494 — Fri, 06 Jan 2017 19:53:58 GMT

They’re two acronyms that you must be familiarized with DWI and BAC.

DWI is Driving While Intoxicated

BAC is Blood Alcohol Concentration

You would be surprised how many people will have a DWI case and not know what it stands for. BAC is the amount of alcohol in the blood system that a person has at a given moment. The legal limits of the amount of alcohol a person can have while driving depends on their age and type of license.

For people 21< older it is 0.08%
For Commercial Drivers it is 0.04%
Anyone < 21 years is NONE (any amount of alcohol is DWI)

Quick Facts!

It’s illegal to have an open container of alcohol in the passenger area of a vehicle while you are driving and even if you are parked !!!
For an open container you can be fined $500 and it is a Class C Misdemeanor
If you are driving while intoxicated and have an open container of alcohol, you could get 6 days in jails and it would be a Class B Misdemeanor

Penalties for A DWI

Although they’re set penalties for a DWI, it truly depends on the situation and the officer for the type of penalty a person might get.

Penalties

Fines & Surges (pay to get license back)
License Suspension/ Revocation
Imprisonment (even for 1st offense)
DWI education and intervention
Community Service

By Degree

1st Offence – Up to $2,000 in fine, Jail time 3-180 days, DL suspension up to 2

years.

2nd Offence – Up to $4,000 in fine, Jail time 1month - 1 year, DL suspension up to

2 years.

3rd Offence – Up to $10,000 in fine, State prison 2 - 10 years, DL suspension up to

2 years.

At what point should you look for an attorney?

As soon as possible! You should always make sure the attorney you hire has the experience needed to defend you and fight for your rights.

The Izaguirre Law Firm has more than 10 years of experience in criminal defense, we give each case the dedication and attention it needs to make sure your rights are protected.

Call us today at 281 227 8999 . See what we can do for you!

Image : Pixabay

My First Blog Post

Wed, 14 Dec 2016 17:45:47 GMT

It’s official, I have a blog and I know how to use it.

I have finally decided to take the plunge and add a blog to my site. I always wanted an easy way to share information with visitors and I’m super excited to start this journey. Keep coming back to my site and check for updates right here on the blog.

10 Reasons You Should Love Blogging

Wed, 14 Dec 2016 17:45:47 GMT

Blog posts are a great way to get recognized within your community and share your voice. Here are the top 10 reasons you should love writing blog posts.

Anyone can make one:
For better or worse, anyone can write a blog post about anything they want. Everyone has a voice and the best voices will rise to the top.

The writer can show their personality:
In blog posts, the writer has more leeway to add in their voice and personality than other types of writing.

Blogs are a great form of mass communication:
You can help people, learn new things, entertain your audience—the possibilities are endless and amazing. Blogging opens up all of these to a very wide audience.

You can make money:
Get the right blog going and you can make a lot of money through advertising and sponsored posts.

It allows people to craft better thoughts:
Instead of reading haphazard, uneducated Facebook statuses, it’s much better to see people’s thought process in a well-written blog post.

You can establish a community:
Blogging allows you to connect with other individuals who share the same interests. Sharing ideas and opinions within your community helps establish yourself as a thought leader.

Good for SEO:
Keeping content on your site fresh and relevant, you can use your blog to boost the search engine ranking (SEO) of your site and your business.

It brings people back to your site:
If your blog is strong enough and updated regularly, people will come back looking for more and bring traffic back to your site as well.

It’s free:
It costs you a grand total of zero dollars to post to the blog, so if you have something to say, there’s nothing to stop you.

You can establish yourself as a thought leader:
A blog is a great place for your original thoughts, and it can be a wonderful way to show off your individuality. If people like your ideas, you can become a thought leader in your industry!

What else do you love about blogs? Let me know!