The Livesay & Myers Blog
Being charged with a criminal offense can be an anxiety-causing event for anyone. But immigrants charged with crimes face not only potential criminal punishments but also the potential impact on their immigration status from a criminal conviction. If you are an immigrant charged with a crime, here are four ways to help your criminal attorney protect your immigration status from the very beginning of your case:
Identify Your Status. It is crucial that you identify your immigration status for your criminal attorney as soon as possible. The immigration consequences of a criminal conviction can vary greatly depending on whether you are a lawful permanent resident, asylee, non-immigrant visa holder, completely without status, etc. If you are unsure of your status, make sure you bring copies of all immigration paperwork with you to the initial consultation with your criminal attorney. Immigration status should be the … Read More »
While most juvenile criminal offenses in Virginia are resolved entirely within the Juvenile and Domestic Relations District Court (JDR Court), there are certain circumstances where cases are transferred and certified to the Circuit Court for resolution. Cases transferred and certified to Circuit Court result in the juvenile being tried as an adult, and resulting convictions can have substantial and lifelong effects on the juvenile.
There are three different ways that juvenile charges can be transferred to Circuit Court for adjudication in Virginia. They are commonly referred to as Section A, Section B, and Section C transfers based on their corresponding provisions in Virginia Code § 16.1-269.1. Section A transfers can theoretically originate from any felony charge, whereas Section B and Section C transfers can only occur when the juvenile has been charged with certain serious felonies. For any transfer, the juvenile must be … Read More »
Proceedings in present day immigration court present a very stark contrast. Many cases now drag on for many months or even years before being heard. But when an immigrant’s day in court finally arrives, overcrowded court dockets often leave the judge with only a few minutes to decide the fate of the immigrant and their family.
If you or a loved one are currently going through deportation (now known as removal) proceedings in immigration court, and have filed an application for relief, you are likely aware of the sometimes extraordinary length of time it takes to resolve a case. Lengthy delays for a trial (known as an Individual Hearing) are commonplace in many of the 50+ immigration courts located in 29 states.
Our local court in Arlington, Virginia currently has five immigration judges (often referred to as IJs), after losing one to retirement earlier in the year. Perhaps … Read More »
It can be an unsettling process when your child faces criminal charges. Many parents worry about the consequences for their child’s future and are confused by both the process and the terminology surrounding the juvenile justice system. Unless you have been intimately involved in the juvenile system for a long period of time, it is very difficult for you to predict what will happen in your child’s case. Having realistic expectations on what you as a parent will face in the juvenile system will ease the stress on your family and put you in a better position to protect your child’s future. Here are five things to expect when your child is facing criminal charges in Virginia:
1. The Juvenile System Is Not There to Teach Your Child a Lesson.
It should be no surprise that for many juveniles facing criminal charges, it is not the first … Read More »
Tax season can be a stressful time for anyone; for immigrants the process of filing taxes can often become overwhelming. Failure to properly file their U.S. taxes may negatively affect a non-citizen’s own immigration situation or the chances for a family immigration petition in the future. I too often discover clients either in immigration proceedings or who are petitioning for a green card for their spouse, who have been improperly filing taxes for years. Having to go back and amend tax returns from past years is a time-consuming and costly process, which can be avoided by the immigrant’s properly filing their taxes in the first place. To do so, immigrants must answer a few questions up front:
Are You a Resident or Non-Resident For Tax Purposes?
If you are not a U.S. citizen, you must first determine if you are considered a “resident” or “non- resident” alien … Read More »
As you may have already heard, the U.S. District Court for the Eastern District of Virginia has ruled that Virginia’s voter-approved 2006 Marshall-Newman Amendment (aka the Virginia Marriage Amendment) is unconstitutional. The Amendment modified the Constitution of Virginia to (a) prevent the legal recognition of any union or partnership between same-sex couples, and (b) define “marriage” as exclusively between one man and one woman. In Bostic v. Rainey, decided on February 13, 2014, U.S. District Court Judge Arenda Wright Allen found the Virginia ban on same-sex marriage to violate the Due Process and Equal Protection provisions of the Fourteenth Amendment to the U.S. Constitution. The judge wrote in her opinion that “[g]overnment interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private … Read More »
The right to appeal an unfavorable or unjust ruling in a criminal case is at the heart of our criminal justice system. In Virginia there are two categories of criminal appeal: appeals to circuit courts from lower courts, and appeals from circuit courts to higher courts. After briefly touching on the latter, this article will serve as a guide to the former: criminal appeals from district courts to circuit courts in Virginia.
Appeals from circuit courts in Virginia. Rulings by city or county circuit courts in Virginia may be appealed (depending on the area of law) to the Virginia Court of Appeals or Virginia Supreme Court. In those circumstances, the circuit court judgment remains in effect until and unless the appellate court decides to vacate or reverse the lower court’s decision. A relatively small percentage of criminal cases actually go through this level of appeal. … Read More »
We all understand that you hire a defense attorney to help you through a tough situation. It may therefore seem counter-intuitive that you have a duty to help your attorney. However, the direction your case will take is often determined by the steps you take on your own. Whether it is what occurs at arrest or in preparing your case, there is a lot you can do to positively (or negatively) influence your chances of success. Here are the best ways to help us defend you in court:
Don’t Admit Anything to the Police and Don’t Consent to a Search
This should be the cardinal rule of interaction with the police—do not admit to anything illegal and do not consent to a search. It always amazes me the number of cases where there is a confession to a crime or someone consented to a search when they … Read More »
Attorney websites and blogs often provide instruction to you, the potential client, on what you need to do: what you need to expect in a particular jurisdiction or from a particular charge, how you need to dress, how you need to find a lawyer, and on and on. So this article, like the dreaded “selfie,” turns the focus away from you and onto us—the legal professionals. If you have hired an attorney to defend you against criminal or traffic charges, you should hold them to certain standards with regard to how they handle your case. Here are five things you should expect from your criminal attorney:
Responsiveness. You shouldn’t know more about the process in your case than your attorney. A criminal attorney who is annoyed that their client has questions has probably lost sight of this simple fact. If you have a question, you … Read More »
Reports of pop star Justin Bieber’s recent run-ins with the law have dominated the news. Certainly, many young stars in the throes of fame find themselves in similar situations. What adds an extra wrinkle to Bieber’s situation, however, is the fact that, as a Canadian citizen, criminal activity can jeopardize his U.S. immigration status.
Bieber currently holds an O-1 visa. O-1 visas are given to those individuals who demonstrate “extraordinary ability” in the sciences, education, athletics, or the arts. Such ability in the arts means that the individual is renowned, leading, or well-known in their field of creative endeavor. Examples of O-1 visa holders include: NBA star Dirk Nowitzki, Israeli concert pianist Inon Barnatan, and Canadian author Jennifer Gould Keil. The O-1 visa holder is given an initial stay of up to three years, followed by extensions for one-year increments.
Bieber now faces a litany of criminal charges, including: … Read More »