April 2021

How To Seek Legal Assistance From A Domestic Abuse Solicitor- Guest Post

April 19, 2021

The UK Office for National Statistics issued a report in November of last year, highlighting that domestic abuse cases rose significantly during the pandemic. Unfortunately, since people are still not free to go out of their homes, there is a high possibility that they will continue to see an increase in these cases. Given this fact, now more than ever is the right time to keep yourself and your family members safe from any forms of abuse. If you’re part of the rising statistic, know that there’s a light at the end of the tunnel. Talk to a domestic abuse solicitor and understand your legal options.

What counts as domestic abuse?

Women’s Aid defines domestic abuse as a pattern of incidents or circumstances that involve control, coercion, threats, violent and degrading behaviour, and even sexual violence committed by a spouse, partner, ex-partner, or any family member, guardian, or carer. Though the abuser can either be a man or woman, statistics reveal that most cases involve men as perpetrators. Domestic abuse can include the following:

Coercive control or patterns of isolation, degradation, intimidation, and control coupled with physical or sexual violence
Emotional or psychological abuse
Sexual or physical abuse
Economic or financial abuse
Stalking and all forms of harassment
Digital or online abuse

How can a domestic abuse solicitor help you?

Though you can always represent yourself or a loved one in a domestic abuse case, you got better things to do — heal and keep yourselves safe pending litigation. So, the most level-headed person who can take on your case, defend you when you have to go to court, and lead you on your road to victory is your lawyer.

First and foremost, your domestic abuse lawyer will assess your situation, determine the facts of the case, and ask the hard questions to build your case. After hearing your narrative and painting a clearer picture of your current circumstance, he will suggest the best courses of action that you should take to protect and vindicate your rights. This might involve filing an emergency protection order, child arrangements order, or temporary restraining order in the appropriate court. His suggested courses of action will also most likely result in filing a criminal and civil case in court.

When your case reaches the court, your lawyer will draft your Affidavit Complaint, ensure that it follows the proper form, submits the same to the appropriate court, and ensure that the other party is notified of the said complaint.

Your lawyer will also ensure that the other party observes the procedural due process in answering the affidavit. Should the other party fail to comply with the same, your lawyer will raise the matter and petition the court to rule the case ex-parte. If your case reaches the litigation stage, your lawyer will be the one to interpellate all the witnesses brought to court. Aside from that, he will also screen the pieces of evidence presented and make necessary objections.

His role doesn’t end after the hearing. When you win the case, he will also ensure that the court order will be implemented according to its letters and intent. In other words, he will be your ally from the start until the final stage of your domestic abuse case.

Given the crucial role of a lawyer in a domestic abuse case, it, therefore, follows that you should be careful in choosing one. Know your options, research, and choose a lawyer who is more than capable of advancing your cause and winning your case.

Question #1: What Is Your Background?

You want to make sure the attorney has defended people who are facing similar charges to yours. Therefore, you should ask the attorney for their background. You might want to avoid an attorney who has not tried many cases that are similar to yours or if they are new to criminal law. The more experience an attorney has, the more likely the attorney will understand how different judges operate. They will know the process and the correctional facility personnel. The ones with less experience will have to build these relationships and knowledge of judges. This will make the difference when your case is heard.

Question #2: What Is Your Approach?

Every attorney has his or her way of doing things. You need to know whether the attorney is a good fit for you. Therefore, you want to ask what their approach to different types of cases is. If you agree with that approach, you can choose that person. However, if the approach doesn’t match your thinking, you might want to pick a different attorney. You also might not like how they approach you as the potential client. You want attorneys who will make you feel calm and not stressed. You want an attorney that makes you feel confident in his or her abilities. You want an attorney who will put your needs and fears first. Attorneys should approach you with the temperament that matches the seriousness of the charges and your personality.

Question #3: What Is the Cost?

Whether your criminal defense attorney will meet your needs depends on many factors beyond the fee to retain counsel. Still, it is an important question to ask. Some defense attorneys are out of your reach financially. Knowing whether you could afford to hire an attorney is helpful information. However, you might be facing a case where one or two attorneys specialize. In that case, you won’t have many options on the fee. You also might want a particular attorney because the person’s style and personality match yours. This would be a case where you would pay the fee regardless of the cost. In most cases though, the cost is important and must be known before picking an attorney.

Question #4: How Are Fees Accepted?

You will want to know how payments are accepted. Some criminal defense attorneys are willing to spread the fee over monthly payments. Others prefer to have their payments through the half at the beginning of the case and a half at the end of the case. You might meet attorneys who could accept payments through new technology while others wish to have a credit card on file. However, your attorney accepts payments and will determine how much money you need to have to retain counsel. You might have to ask for help or get a loan. Asking this question upfront will help you plan your financial strategy.

Author bio: Criminal Defense Lawyer, Lynne Torgerson Esq. has nearly 30 years of experience in law.

She can handle all criminal charges, gun rights, all felonies, gross misdemeanors, and misdemeanors, throughout the State of Minnesota including the Twin Cities of Minneapolis / St. Paul. Ms. Torgerson, Esq., graduated from the University of Minnesota with a double major, with degrees in political science and psychology. Follow Lynne on Twitter @lynne_torgerson.

What are The Possible Consequences of DUI for U.S. Immigrants?- Guest Post

April 5, 2021 (updated August 28, 2023)

DUI or Driving Under the Influence (of drugs or alcohol) carries harsh penalties, but the consequences are even more dire if you are not a citizen of the United States.

Many immigrants think that a DUI offense cannot affect their immigration status, but the truth is that criminal convictions, especially crimes of moral turpitude — which includes DUI, may be enough basis for removal, denial of entry, denial of application of citizenship, and other immigration consequences.

Any non-U.S. citizen charged with DUI needs an experienced immigration attorney to help them manage the immigration-related implications of a conviction.

Consequences of DUI for Green Card Holders

Can a person legal permanent resident status be deported because of a DUI offense? Well, the short answer is YES. Your green card or LPR status cannot protect you against removal from the U.S., especially if you’ve committed a criminal offense, such as a DUI.

While one misdemeanor DUI may not put you at risk if being deported, multiple DUIs or a felony DUI can. The common charges associated with a DUI offense such as criminal damage, endangerment, having children in the car, or driving under the influence of drugs can also render you deportable or inadmissible to the United States.

Green card holders and LPRs with DUI convictions could be tried in immigration court. If the judge determines that your offense matches any of the grounds for deportability, you can have your green card taken away.

Moreover, those with their green card applications still pending approval may find that a DUI on their record can make the entire process longer than usual.

Consequences of DUI for Current Visa Holders

If you’re in the United States on a valid visa, a DUI arrest could bring severe consequences your way. Both the federal government and immigration authorities take DUI offenses very seriously. Many DUI offenders have had their visas revoked by the State Department and were either deported or required to re-apply.

Even if you did not end up having your immigrant visa revoked, a DUI offense could still create problems for you once you leave and then re-enter the United States. A crime on your record could subject you to increased customs scrutiny when reapplying for a visa or, worse, become a ground for inadmissibility and bar your entry into the U.S.

According to U.S. Immigration laws, people who have committed crimes of moral turpitude may be ineligible for admission to the United States. Multiple DUI offenses and DUI with aggravating factors typically involve moral turpitude and can make you inadmissible to the U.S. after having left.

Consequences of DUI for Undocumented Immigrants and DACA Recipients

Those who are in the U.S. without immigration status are already in a very vulnerable position, and a DUI on their record will only put them in a tighter spot. In many parts of the country, immigration officers have been making arrests and deporting people who are both undocumented and with prior DUI.

If you’re a DACA recipient or applying for one, committing a DUI offense could likely cost you your DACA status. DACA is a discretionary benefit. Any convictions can affect your DACA eligibility and put you at risk of deportation.

Because of the grave consequences of DUI, it’s critical for DACA recipients with DUI charges to work with a DUI attorney who is experienced in mitigating the immigration consequences of driving under the influence.

Consequences of DUI on U.S. Citizenship Application

As a green card holder, the most natural next step is to apply for a U.S. citizenship. But since one of the primary requirements for naturalization is “good moral character,” a legal permanent resident with a DUI charge will generally have a harder time obtaining citizenship than others.

In many states, naturalization is usually denied if the applicant has a DUI or DWAI type conviction within the past five years. For a better shot at getting approved, wait until at least five years since your conviction has passed and you have established a clean record before applying for citizenship.

Note, though, that even after five years, a DUI charge can still delay your application for naturalization because the USCIS will likely require you to provide court documents about your conviction/arrest and study the circumstances surrounding it before coming up with a decision.

Get Legal Help

Any criminal conviction, not just DUI, can have extensive and lasting immigration ramifications. Handled improperly, a DUI charge can lead to deportation or – worse – cost you your U.S. citizenship.

To ensure that the immigration consequences of your DUI, or any criminal offense, is given full consideration and does not jeopardize your chances of permanently living and working in the United States, contact an experienced criminal and immigration lawyer for advice.

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time.