Posted by Arturo Angel Burga | Oct 23, 2024 |
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**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.
Posted by Arturo Angel Burga | Oct 23, 2024 |
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.
Posted by Arturo Angel Burga | Oct 23, 2024 |
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.
Posted by Arturo Angel Burga | Oct 23, 2024 |
Can a criminal record ruin your chances of becoming a US Citizen? Not all crimes affect your chances of becoming a citizen. Consult with an Immigration Attorney who specializes in both Immigration and Criminal.
Posted by Arturo Angel Burga | Oct 23, 2024 |
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.
Posted by Arturo Angel Burga | Oct 23, 2024 |
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.
Posted by Arturo Angel Burga | Oct 22, 2024 |
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.
Posted by Arturo Angel Burga | Oct 22, 2024 |
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.
Posted by Arturo Angel Burga | Oct 22, 2024 |
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.
Posted by Arturo Angel Burga | Oct 21, 2024 |
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.
Posted by Arturo Angel Burga | Oct 21, 2024 |
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.
Posted by Arturo Angel Burga | Apr 09, 2023 |
If you have been injured in an accident that was not your fault, you may be entitled to compensation for your injuries. However, getting the compensation you deserve can be a complex and difficult process. That's where a personal injury lawyer can help. In this article, we'll discuss how a person...
Posted by Arturo Angel Burga | Nov 02, 2021 |
Driving under the influence is a severe crime that may lead to severe penalties. Still, the DUI arrest counts are only surging in different states of the USA.
As per a DUI arrest report published by the AAC, the count was 938.8 per 100k people in 2017 for South Dakota, 836.4 per 100k in North D...
Posted by Arturo Angel Burga | Oct 19, 2021 |
In 2017, more than 650,000 people were arrested for driving under the influence of drugs and alcohol that makes approximately 309.8 in every 100,000 people. As per a National Highway Traffic Safety Administration survey about 1.5 million people are arrested every year for driving under influence....
Posted by Arturo Angel Burga | Sep 20, 2021 |
If you are an immigrant in the US and happen to meet someone who is a US citizen, fall in love, and get married, you may already have your next step planned: getting a green card.
Posted by Arturo Angel Burga | Sep 20, 2021 |
When it comes to the immigration process, it is best to seek assistance of those who are well-versed in the field. If you try to handle it on your own, chances are you might become overwhelmed with the number steps and documents involved in the process.
Posted by Arturo Angel Burga | Jun 16, 2021 |
Get my answers to legal questions at Avvo.com
Posted by Arturo Angel Burga | Jan 21, 2021 |
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 ...
Posted by Arturo Angel Burga | Oct 30, 2019 |
5 Tips for a Successful Immigration Marriage based Green Card interview
If you are a United States citizen you are able to petition for your family members. For now we will focus on the spouse petition and green card application. First, you must complete a series of forms and attach birth and m...
Posted by Arturo Angel Burga | Oct 17, 2019 |
YES! There are many reasons why you can obtain a Stay of Removal to prevent you from being physically removed from the United States.
When you lose your deportation case, you have the chance to appeal the Immigration Judge's decision to the Board of Immigration Appeals (BIA). The deadline to fi...
Posted by Arturo Angel Burga | Oct 08, 2019 |
If you are in removal proceedings, it is because you were issued a Notice to Appear (NTA) in Immigration Court. The Immigration Court location, where you'll be required to appear, is based on the address you provided to the Department of Homeland Security (DHS) or Immigration and Customs Enforcem...
Posted by Arturo Angel Burga | Sep 30, 2019 |
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...
Posted by Arturo Angel Burga | Aug 01, 2016 |
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 ...
Posted by Arturo Angel Burga | Jul 28, 2016 |
So you got arrested for a DUI. DON'T PANIC! Here are some essential steps to follow right away so that you can have a chance at a successful case.
The first thing you need to do is not to assume that you are guilty. You have to remember that the law requires that...