|
Know your Rights before you give them up! Do not sign on to a plea bargain that
will require your banishment from the United States unless you truly want to
leave the United States forever. WARNING! A criminal
conviction for even a misdemeanor crime (the courts have held that some
misdemeanors can be considered an “aggravated felony”) could result in
permanent deportation from the United States. Don’t accept any plea negotiation
without fully understanding the immigration consequences of the conviction. In
the past, many times, neither the Judge, nor the criminal defense attorney, nor
the prosecutor, nor the immigrant entering the plea; knew that banishment was
the required consequence of the plea being accepted by a judge who is
knowledgeable about the criminal but not the immigration laws. You should
consult with immigration counsel while criminal defense are pending, and not
wait until after a plea has been entered. If you are charged with an
aggravated felony one key is that if a plea is entered, that it be to a
non-aggravated conviction and/or a non-deportable offense, if at all possible.
If the police stop you, tell them...
I hereby assert my Fifth Amendment right not to incriminate myself; I
demand that my attorney be present at any further questioning. Please ask
me no further questions until my attorney is here. I refuse to consent to
any searches of my person, my premises or my vehicles.
Afirmo por este medio mi derecha de Quinto Enmienda para no
incriminarme; Exijo que mi abogado esté presente en cualquier entrevista
más. Por favor no me haga ninguna otra pregunta hasta que mi abogado está
presente. Rechazo consentir a cualquier búsqueda de mi persona, de mis
premisas ni mis vehículos.
Be non-confrontational but firm when asserting your rights. Print this advice
of rights out and hand this statement to the police if and when you are stopped
by the police. Tell them to read it; say nothing else.
However, when you do this, also be aware that if you refuse to take a
Breathalyzer test if you are stopped on a potential driving while under the
influence of intoxicants (DUII) charge, your license is likely to be suspended
for from 1 year up to 3 years depending upon your driving record and if the
officer had the legal right to request that you take the Breathalyzer test.
Speedy Trial Rights
When a case is not prosecuted for many years through the fault of the
government the prosecution should be dismissed as a matter of law because of the
failure of the government to vigorously and speedily prosecute. See State
of Oregon v. Johnson 339 Or 69 (2005) State of Oregon v.
Davids 339 Or 96 (2005) State of Oregon v. Adams 339 Or
104 (2005) available at
http://www.publications.ojd.state.or.us/appeals.htm
|
