Legal Question in Criminal Law in California

Public Intoxication California whilst on J-1 visa

Hi,

I was recently drunk and arrested

for public intoxication and disorderly

conduct in California. I was

arrested on the street about 5

minutes from my halls and spent

the night in jail and was let out in

the morning.

I am a UK citizen currently on a J1

visa which i need to renew for next

semester.

I have a court date in January, am i

likely to get a fine, if so how much

will it be and also will it effect my

visa or being able to renew it. It is

my first offense and i have never

been arrested in the UK.

Thanks


Asked on 12/07/08, 4:11 am

1 Answer from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Public Intoxication California whilst on J-1 visa

It is wise of you to be concerned about your record. Because you are only a student/visitor you need to keep your record as clean as possible. While public intoxication/disorderly conduct is not a serious crime and normally does not trigger any immigration consequences, your situation is different because decision by ICE whether to grant someone a temporary visa of any kind is completely arbitrary and capricious.

I would consult an immigration lawyer to double check on possible consequences of pending charges or conviction on your immigration status and need to extend your visa. This should not cost you more than a nominal fee.

You need a skilled and diplomatic criminal defense lawyer who will negotiate a complete dismissal or, in the worse case scenario, a reduction of charges to an infraction/violation which technically are not considered crimes.

As far as penalties go, you should be facing a fine only unless there have been some aggravating facts.

Feel free to contact me for additional consultation or referral to a good immigration lawyer.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 12/07/08, 3:22 pm


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