Do you have a work VISA and charged with a DUI?
Posted by Ben Sessions | | DUI / DWI
Are you in the U.S. on a work VISA and charged with a DUI? This is one of the most common and very difficult situations that I deal with in the context of DUI cases. Our clients that face immigration consequences in addition to the DUI charge most frequently arise in the context of a person who is here on a work-related Visa – some sort of type of work visa and they’re here in the country legally and they receive a DUI charge. These people are justifiably concerned about how this will affect their ability to stay here and potentially become a citizen later on. And I can tell you that the one thing that you really need to do and really focus on, if you are in the U.S. on a work VISA and charged with a DUI, there must be a real working relationship between the lawyer who’s handling your DUI and the lawyer who’s handling your immigration consequences. I firmly believe this.
You should not have a lawyer that’s doing both of those. Your a lawyer who’s handling the DUI should be focused on that part of the case and be very specialized in the handling of that part of the case. And your lawyer who’s handling the immigration consequences should also be very specialized in handling that aspect of your problems. Neither of these areas of law are ones that you want some lawyer who’s handling both and kind of dabbling in both in trying to handle them. I just find that lawyers who are doing that are not devoting the attention that’s needed to get the best results that you need in those types of cases and there’s really nuanced kind of issues that arise in the context of those cases that could really affect it. For example, I met with a client today who is here on a work-related visa, gets a DUI charge and one of the issues that we have I think in the jurisdiction in which this case is pending, I’m going to be able to get probably a reckless driving disposition fairly quickly if he decides that he wants to take it.
That client then is stuck with the possibility of do I resolve this case very quickly to a reckless driving non-DUI disposition or do I potentially string the case out and get a better result later on down the road? If I were to transfer the case out of municipal court into state court, the difference between those two, one you’ve got a certain result in the court in which is pending. If I can get a record Straub and on the table for him, but I also can resolve the case much quicker there and him have the case closed out in the event that he’s applying for citizenship down the road and 1824 months or less. Say for example that I moved the case out of that court, try to get a better result. We may or may not get that done, but then the case potentially could be open for another 18 to 36 months.
That can make a huge difference. And if your lawyer didn’t understand the procedural irregularities there in terms of the time that’s involved in the time in which the case will be open, that might be something that you kind of glossed over and you wouldn’t realize until later on in the case that this is something that’s really going to gotta be important. And you need to have an immigration lawyer who’s also going to be able to advise you about is an open pending case going to hinder or block my ability to get citizenship later on or potentially renew my visa later on. Those are questions that you need to have the lawyers actually communicating amongst each other and you need to have lawyers who actually are skilled and understand these nuances of the cases. So, I truly do believe that you need lawyers that are working together and you need lawyers who are specialized in both of those practices of area practices of law. If you’re actually going to get a really good result and avoid some of the pitfalls that can inevitably come from a person who’s facing both immigration consequences and a DUI. If you have any questions, feel free to call me. My name is Ben sessions. My phone number is (470) 225-7710 again, (470) 225-7710 thank you.