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Month: March 2014

What are the indicators or signs USCIS looks for in suspected marriage fraud cases?

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20 common Fraud Indicators Extreme nervousness over interaction late for interview answers prompted by an attorney eye contact evasive or general answers answers interrupted by an attorney or other attorney attempted to distract or mislead over-submission of documents staged photographs documents prepared by known preparer suspected of fraud suspect documents documents issued immediately before or […]

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What is marriage fraud? What are the punishments?

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In an immigration context, marriage fraud is quite serious. To convict a person under  8 U.S.C. 1325© the government must prove 1) the person knowingly entered into a marriage 2) the marriage was entered into for the purposes of evading a provision of the immigration laws; and 3) the person knew or had reason to […]

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What is an Aggravated DUI? Is it a Felony?

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An aggravated DUI is a felony. Aggravated simply means that the person has committed what what would normally be considered a misdemeanor DUI,  BUT with “aggravating” factors. There are three types of aggravators. 1) DUI while license is Revoked, Suspended, Canceled or Refused.(Class 4 Felony) 2) DUI as third offense in 84 months (7 years)(Class […]

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If I refuse blood test can they use my refusal against me in court?

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Ye they can. As long as there was reasonable suspicion that a DUI offense was committed to support a lawful search. If the the suspect has no legal right to refuse, the evidence  of his refusal is admissible.

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What is a SIIRDL?

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A SIIRDL is a special restricted drivers license. SIIRDL stands for Special Ignition Interlock Restricted Driver’s License. The license allows people, after ignition interlock device is installed, to do the following; Drive from your residence to work and back to alcohol treatment facility to healthcare professional or a hospital to probation officer Ignition Interlock maintenance […]

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What is an Ignition Interlock Device?

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An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a mechanism, like a breathalyzer, installed on a motor vehicle’s dashboard. Before the vehicle’s motor can be started, the driver first must exhale into the device; if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration  the device prevents the engine from being started. At random […]

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Can I get my license back if I refuse blood or other chemical test?

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The answer is maybe. You have to meet the requirements of the MVD. If your license was suspended for refusing a chemical/blood test you have the option of applying to MVD for what is known as a SPECIAL IGNITION INTERLOCK RESTRICTED DRIVERS LICENSE (SIIRDL).  A.R.S. 28-1321(P) “After completing not less than ninety consecutive days of the […]

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What if I am not eligible for diversion?

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  What if I am not eligible for diversion? You have two choices — you can either plead guilty and pay a fine or plead not guilty and be assigned another court date.  In Tucson City Court, your next court date will be a pre-trial conference.  At that time, you can accept a plea bargain […]

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Court and University of Arizona Diversion Programs

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What about diversion programs? In Pima County, both of our court systems (county and city) and the University of Arizona  all have diversion programs.  Here are some basic facts about each of the three programs: University of Arizona The program is offered by the Dean of Students Office for currently enrolled U of A students […]

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How do Pleas work?

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What happens if I plead guilty? If you plead “guilty” or “no contest,” the judge will note your plea and tell you what your sentence is (usually only a fine.  If you are facing a jail sentence, the judge will not accept your guilty or no contest plea, but will enter a not guilty plea […]

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