How can a criminal conviction record harm you? Pt. III

Posted by Chris Morales on Wed, Nov 20, 2013 @ 09:26 AM

The Morales Law Firm would like to thank NOLO Press Self - Help Law for sharing this information with us.

b. Laws that affect Young People

Young persons under the legal drinking age of 21 are subject to having their driving privilege suspended if they are convicted of any of the following offenses:

1. Driving under the influence of alcohol; having .05 percent or more, by weight, of alcohol in your blood; or having a blood-alcohol concentration of .01 or greater as measured by a preliminary alcohol screening test or other chemical test (Vehicle Code §§13202.5, 13353.2a, 23136, 23140 & 23144). For a first offense, you will unusually have a four-month license suspension. For a second or multiple offender, a new-arrest for driving under the influence will usually result in a one-year suspension (Vehicle Code §§ 13353.3b &23109a).

2. Assorted controlled substance offenses committed between the ages of 13 and 21 result in a one year suspension or delay. The suspension may be converted to a restricted license after a hearing if you can prove a “critical need to drive” (Vehicle Code §§13202.5)

3. A public offense committed by a minor involving a firearm capable of being concealed on the person can result in a five-year suspension or delay (Vehicle Code §13202.4)

4. Vandalism offenses involving Penal Code §§594, 594.3 or 594.4 committed between the ages 13 and 21 may result in a one-year suspension or delay (Vehicle Code §13202.6). For graffiti related offenses, the judge can waive the suspension if the judge finds that a person al or family hardship exists that requires the youth to have a license (Vehicle Code §13202.6)

Young persons under the age of 18 will have a restricted license for 30 days if they accumulate two or more points within 12 months. They face a six-month suspension with a one-year probation if they accumulate three or more points within 12 months (Vehicle Code §§12814.6 (a)(6,7)). While on probation, further violations will result in longer periods of suspension.

7. Immigration Consequences

If you are not a U.S. citizen, the immigration consequences of your criminal conviction may be more severe than the sentence itself. Your conviction may lead to:

  • Deportation from this country
  • Exclusion from the U.S. if you leave and try to reenter
  • Disqualification if you are applying to become a U.S. citizen, or
  • Inability to change your immigration status (for example, attempting to change your status through a family-unity, legalization, registry, or temporary-protected-status petition)

California law requires judges to warn all non-citizens about the possible immigration consequences of a conviction before allowing a non-citizen to pleaded guilty to any crime. (Cal. Penal Code §1016.5). If you are a non-citizen who pleaded guilty and did not receive such warnings, you may withdraw your plea. Doing so will remove the conviction From your record but will leave you facing the underlying criminal charge.
Immigration law changes frequently and is quite complicated. The Anti-Terrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 changed existing immigration law in ways that have not yet been clarified by the courts and congress. Therefore, some information explained below may be modified by future court decisions and further legislation. If you are not a citizen and are charged with a crime, you need to review the immigration consequences of a possible conviction with an immigration lawyer before you plead guilty to any offense.

The convictions that lead to immigration problems include those for “moral turpitude” crimes, multiple convictions, controlled substance use, possession of firearms or destructive devices, and aggravated felonies, which are defined below. Also, certain convictions will get in the way of the “good moral character” requirement for citizenship. We’ll look briefly at each of these issues.

Part IV - 11/22/13

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Once again thank you NOLO Press Self - Help Law
By: Attorney Warren Siegel

Tags: minor, offense, immigration, criminal conviction, alcohol, firearm, driving privilege