Archive for the ‘Immigration Lawyer’ Category
Immigrant Cases More Likely To Be Won If A Lawyer Is Present
It is only in Criminal cases that the state has a duty to provide legal counsel for the defendant. This means that if you are an immigrant and you are caught up in a civil matter, such as being detained because you are indigent, you are more or less forced to represent yourself in court. This is clearly not very satisfactory as most immigrants’ command of English and knowledge of US Immigration law is scanty at best. A study this year headed by a federal judge found that those cases where and immigrant was represented by a lawyer were five times more likely to succeed that these where the immigrant represented himself (Reported in the LA times Nov 8 2011)
Detention is in fact a civil matter. The immigrant has been detained, pending a immigration hearing, not because he has committed a crime, but because he does not have a fixed abode or sufficient income to support himself.
Take the case of Joe Antonio Franco. Franco is mentally retarded and was facing deportation to Mexico after throwing a rock during a fight. But he was going to be forced to represent himself in his hearing and Judge suspended his case rather than let this happen. Franco was then detained and spent 5 years in a detention centre in Southern California because he had no attorney. The American Civil Liberties Union and Public counsel took up his case last year and he has now been released.
Even if you are indigent and you are caught up in a detention it would be worth your while contacting Immigration Lawyer in Los Angeles to see if there is anything he can do for you. This Law firm is an expert at practicing all aspects of immigration law as well as criminal law.
They are particularly good at following up after a decision has been made and they have succeeded with many a Motion to Vacate Judgment in CA when, after investigation, it is found that the defendant was unfairly treated or that the grounds for the judgment were faulty or flawed.
This is particularly the case where an immigrant is facing a hearing or a court case. Immigrants are known to inadequately understand English and the court appointed translator has to be a sworn translator. Furthermore it is often the case that the points of law in question have to be understood. If an immigrant is representing himself it is highly unlikely that he understands the legal ramifications of his case and is therefore at an obvious disadvantage and thus is likely to not to have received a fair hearing.
The counsel will listen to your situation and see if there is anything he can do to assist you and see how you can raise the funds to pay his fee. But his fee is not the issue here. At issue is ensuring that you, as a prospective immigrant get fairly treated by the courts and the legal system.