Call Now! 909.538.8320

FREE LEGAL ADVICE BLOG - Keeping the public informed

Post Conviction Relief or Deportation?

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

Here’s a summary for your blog snippet: **How Post-Conviction Relief Can Help Avoid Deportation in California** If you have a criminal conviction in California, post-conviction relief may help you avoid deportation by addressing constitutional errors in your case. While rehabilitative relief, like expungement, doesn’t eliminate immigration consequences, motions under Penal Code 1473.7 and Penal Code 1016.5 can vacate convictions that threaten your immigration status. At **Burga Law Firm, PC**, we’ve successfully helped clients in Los Angeles, San Bernardino, Riverside, and Orange Counties win post-conviction relief and protect their future in the U.S. Contact us today to learn how we can help you avoid deportation.

What If You Are Accused of Stealing Company Property At Work in California?

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

At Burga Law Firm, PC, our experienced criminal defense attorneys break down common defense strategies that can help you avoid conviction, including lack of intent, mistaken ownership, and consent. We’ll also discuss how an attorney can negotiate lesser charges, challenge evidence, and represent you in court to fight for the best outcome. Whether you’re facing petty theft or grand theft charges, we’re here to help.

How To Defend Against Deportation When Charged With A Crime in California

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

If you're facing criminal charges in California, certain convictions can lead to deportation, especially for offenses like aggravated felonies, crimes of moral turpitude, drug offenses, or domestic violence. Whether you're undocumented or a legal permanent resident, these charges can jeopardize your ability to stay in the U.S. At Burga Law Firm, PC, we specialize in defending clients against both criminal charges and immigration consequences, working to reduce charges, seek post-conviction relief, and represent you in immigration court. Contact us to protect your rights and avoid deportation.

Is It Legal To Drive After Smoking Marijuana in California Where Marijuana Is Legal?

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

Marijuana may be legal in California, but can you legally drive after using it? Here’s what you need to know. While marijuana is legal for recreational use in California, it’s still illegal to drive under the influence of it under Vehicle Code 23152(f). Unlike alcohol, there is no clear legal limit for marijuana intoxication (like a blood alcohol content), so any level of impairment can lead to a DUI charge. A first-time DUI conviction can result in up to 6 months in jail, fines between $390 and $1,000, and a 6-month license suspension.

What is a Reasonable Fear Interview?

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

To establish a "reasonable possibility" of future persecution for asylum cases in the 9th Circuit, an applicant must demonstrate both a subjective and an objective fear of persecution. The subjective component is satisfied by credible testimony that the applicant genuinely fears persecution. The objective component can be met either by showing past persecution, which creates a presumption of future persecution, or by providing credible, direct, and specific evidence that supports a reasonable fear of future persecution. This evidence can include specific documentary evidence or credible and persuasive testimony. Even a ten percent chance of persecution may suffice to establish a well-founded fear. The assessment must consider the political, social, and cultural context of the applicant's home country, and the applicant must also show that internal relocation within the country is not a reasonable option Halim v. Holder, 590 F.3d 971, Rusak v. Holder, 734 F.3d 894, Duarte de Guinac v. INS, 179 F.3d 1156.

Is it legal to carry a concealed firearm with no permit?

Posted by Arturo Angel Burga | Oct 22, 2024 | 0 Comments

In California, carrying a concealed firearm without a permit is illegal, whether on your person or in a vehicle. Violations can lead to fines and imprisonment, but knowing your rights can protect you from unlawful searches. To legally carry, you must obtain a CCW permit and follow strict storage rules when transporting firearms in vehicles. For those facing firearm possession charges, consulting with a criminal defense attorney is essential. Burgalaw offers expert legal defense for firearm-related offenses in Rancho Cucamonga, CA.

What happens to your immigration status if you were charged with an Aggravated Felony?

Posted by Arturo Angel Burga | Oct 22, 2024 | 0 Comments

How does an aggravated felony affect your immigration status? Under the Immigration and Nationality Act (INA), being convicted of an aggravated felony can lead to mandatory deportation and make the individual ineligible for most forms of relief, including asylum, cancellation of removal, and adjustment of status. Aggravated felonies include crimes such as drug trafficking, sexual abuse of a minor, and violent crimes.

What happens to your immigration status if you were charged with a crime?

Posted by Arturo Angel Burga | Oct 22, 2024 | 0 Comments

A criminal charge, especially for serious crimes, can lead to deportation or negatively impact visa or green card applications. The speaker emphasizes the importance of consulting both a criminal defense attorney and an immigration lawyer when facing such charges, as immigration consequences vary based on the crime's severity and the individual's immigration status.

Is It Legal to Refuse to Answer Police Questions During a Traffic Stop in California?

Posted by Arturo Angel Burga | Oct 21, 2024 | 0 Comments

In California, you have the right to remain silent during a traffic stop, meaning you don’t have to answer police questions beyond providing your license, registration, and proof of insurance. However, refusing to comply with certain requests, such as sobriety tests during a DUI investigation, can lead to legal consequences like license suspension. It's important to understand when you can legally remain silent and when cooperation is required. Contact Burga Law in Rancho Cucamonga for expert legal guidance on your rights during traffic stops.

Defending Your Property With Force in California: Know Your Rights

Posted by Arturo Angel Burga | Oct 21, 2024 | 0 Comments

In California, Penal Code 197 allows the use of reasonable force to defend your property, but deadly force is only justified if there's an immediate threat to life. A recent case handled by Burga Law involved a Rancho Cucamonga resident who faced charges after firing a warning shot at a car thief. Although the thief was unarmed, our client felt threatened, leading to charges of assault with a deadly weapon. By presenting evidence of the thief's criminal history and witness testimony, we successfully reduced the charges, which were later dropped. This case highlights the complexities of defending property with force in California. If you're facing legal challenges related to self-defense, Burga Law is here to protect your rights.

PRESIDENT BIDEN'S IMMIGRATION BILL

Posted by Arturo Angel Burga | Jan 21, 2021 | 0 Comments

NEWS FLASH!     PRESIDENT BIDEN SUBMITTED HIS IMMIGRATION BILL TO CONGRESS FOCUSING ON FAIRNESS AND FAMILY UNITY FOR NON CITIZENS. SEE THE FOLLOWING FACT SHEET BELOW       FOR IMMEDIATE RELEASE January 20, 2021   FACT SHEET:President Biden Sends Immigration Bill to Congress as Part of ...

Adjustment of Status

Posted by Arturo Angel Burga | Sep 30, 2019 | 0 Comments

  If you are a US Citizens or a Green Card holder, you can sponsor your Immediate Family member and help them obtain Legal Permanent Residency through a process called Adjustment of Status. Who can adjust their status? To adjust status to Legal Permanent Reside...

DUI Defenses in California

Posted by Arturo Angel Burga | Aug 01, 2016 | 0 Comments

  Getting arrested for a DUI can result in some severe consequences. You may risk losing your job, your driving privileges, pay a large fine, and you might have to serve some jail time. To avoid these consequences, an experienced DUI defense attorney can ...

CONTACT US TODAY

Burga Law Firm is committed to answering your questions about immigration, criminal defense, and personal injury law issues in southern California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu