Criminal and DUI Defense
- Top 17 Criminal Defense Strategies
- Immigration Criminal Defense Strategies
- International Student Crimes
- Erasing Prior Criminal Records
- What to Do After a DUI
- How to Fight DUI Charges and Win
Chudnovsky Law is a premier Los Angeles and Orange County law firm practicing California criminal defense, DUI defense, immigration, family and personal injury law. Our firm offers a rare team of top criminal defense & injury attorneys and experienced multilingual immigration attorneys.
The intersection between immigration and criminal law is one of the most complex areas of US and California law. Chudnovsky Law is recognized as a leader in crime defense for clients from all countries and minimizing the immigration consequences of criminal charges for non-US citizens.
OUR SENIOR ATTORNEYS
Chudnovsky Law offers full immigration and visa services for corporations, investors, students, individuals and families. US immigration, tax and estate laws are complex and can require careful consideration. The firm often provides pre-immigration consulting for clients considering a move to or investment in the US.
A criminal charge does not have to mean you'll be convicted. Our experienced defense attorneys have defended thousands of cases including felonies, misdemeanors and federal crimes. There is hope no matter what the charge. It is critical to quickly start your defense work for best results. Call us now for a fast, free consultation.
YOU ONLY HAVE 10 DAYS AFTER A DUI ARREST TO STOP AN AUTOMATIC LICENSE SUSPENSION. We understand that DUI charges and losing your license can have a major impact on your life. Call now for a free consultation. Our experienced DUI defense attorneys will quickly evaluate your case for free and advise you how to achieve the best possible outcome.
Personal injury accidents & financial injuries can have devastating consequences for you and your family. It is key to QUICKLY EVALUATE YOUR CASE to preserve evidence and all your rights. Our experienced attorneys know how to fight for your rights to achieve the best possible results for you. Call now for a free evaluation. There are NO FEES unless we win your case.
Chudnovsky Law provides or coordinates family law services for divorce, child custody and surrogacy cases including those with international family law, custody and asset division and complex immigration issues.
The firm handles business legal services such as entity formation, purchase/sale, dispute litigation, asset protection, entertainment law, intellectual property, international estate & tax advice and off shore company formation.
CRIMINAL DEFENSE ATTORNEYS
If you've been arrested for a California drug crime, DUI, domestic violence, theft or any other criminal offense, the Los Angeles criminal defense lawyers at Chudnovsky Law can help. We are skilled in fighting criminal charges of all kinds. Our attorneys have had great success in the courtroom and have a strong record of acquittals, reductions in charges, and dismissals. We are ready to defend you aggressively and achieve the best possible outcome to your case.
Our Los Angeles criminal defense attorney understands that criminal charges can have a profound impact on your life. Protecting clients against convictions and penalties is our top priority.Criminal charges can threaten your personal and professional well-being, your parental rights - and put your future on the line. Our experienced Orange County criminal attorney provides smart, aggressive defense for most types of criminal charges including:
- Assault & Battery
- Domestic Violence
- Driving Crimes
- Driving While Intoxicated
- Drug Crimes
- Federal Crimes
- Fraud and Embezzlement
- Juvenile Crimes
- Medicare and Insurance Fraud
- Marijuana Crimes
- Making Hash Oil, Honey Oil
- Pot Dispensary Violations
- Prescription Drug Crimes
- Sex Crimes
- Theft Crimes
- Violent Crimes
- Weapon Possession
- White Collar Crimes
Only the best criminal defense attorney will understand the unique details of your charges and will carefully examine every detail to build a successful criminal defense strategy for your case. Our Los Angeles criminal defense attorneys and immigration attorneys are experienced working with prosecutors, judges and the court systems to adjust charges, reduce sentencing or get cases dismissed to achieve the best possible outcome considering immigration consequences.
CALL 949.424.5450 FOR EXPERT HELP
Call 949.424.5450 for a Free, confidential case review to start your defense!
NON-US CITIZEN CRIMINAL DEFENSE
Our team of crime defense lawyers and immigration lawyers know how to balance criminal law defense with immigration consequences. A criminal charge does not have to mean you'll be convicted or deported. We have the knowledge and experience to aggressively defend your rights and reach the best outcome possible. There is hope no matter what the charge.
If you are not a United States citizen, a California criminal conviction can have serious consequences for your immigration status. Under US immigration law, criminal convictions can lead to a non-citizen being deported regardless of how long they have lived in the US or how well-established their life is here. Also, certain California criminal convictions can make an immigrant "inadmissible", meaning they:
- Cannot renter the US after leaving
- Cannot become a US citizen
- Cannot apply for adjustment of status or permanent residence
In some cases you do not even need to be convicted of a crime to be deported. This is because a non-citizen can be made deportable or inadmissible simply for engaging in certain kinds of conduct, such as drug trafficking or prostitution, even if they are never convicted of this activity in a criminal court.
Tragically, many immigrants who face California criminal charges are represented by LA criminal defense attorneys who do not understand the immigration consequences of certain outcomes, including guilty or "no contest" pleas. These LA defence attorneys may offer good advice on how to reduce a criminal sentence. But that advice may lead to a result for the client that is far worse than a longer sentence including removal from the country that they know as home.
This is why it is extremely important for all non-citizens facing criminal charges to be represented by a criminal justice attorney and immigration attorney who understands both immigration law and criminal law. Now that President Trump has taken executive action to increase the number of deportations of immigrants for any reason, including criminal convictions, it is more important than ever.
OUR PROACTIVE APPROACH
Some California criminal justice lawyers take a wait-and-see approach. They stall until the first court date, or until they receive the police reports, before investigating and working up your case.
By contrast, we believe there's no time to waste. The most critical window for defense work may be the first few days following an arrest, or even prior to formal charges being filed. By getting to work immediately, a good lawyer can locate favorable defense evidence and witnesses, and get a head start towards defeating the charges.
STOP CHARGES BEFORE THEY ARE FILED?
Sometimes it's possible to stop criminal charges from being filed. After making an arrest or investigating a suspected crime, police take their evidence to the district attorney. The D.A. evaluates the potential case and decides what, if any, crime charges to file. Usually, the prosecutor makes this decision based solely on what police present. But often there's much more to the story.
Many times our criminal lawyers can also meet with the D.A. during this same time period. Our criminal defence attorneys can present our evidence and witness statements.
Knowing your side of the story may affect the D.A.'s calculations. When the prosecutors see the whole picture, not just what the police or alleged "victim" have to say, they may decide to file lesser charges such as a misdemeanor rather than a felony, for example. Or perhaps even reject the case and not file any criminal charges at all.
DRIVING WHILE INTOXICATED DUI DEFENSE
Our DUI attorneys understand that a DUI arrest and losing your license can have a major impact on your personal and professional life. Our experienced DUI lawyers have handled cases ranging from simple misdemeanor drunk driving, multiple DUI offenses and felony cases including vehicular manslaughter and "Watson murder" charges.
Regardless of the severity of your case, your DUI lawyer will carefully deconstruct the evidence and uncover any flaws or errors that can contribute to a successful DUI defense. Our aggressive defense will help achieve the best possible outcome for you.
Call our experienced DUI defense lawyers at 949-424-5450 for a Free confidential consultation.
HOW TO FIGHT DUI CHARGES AND WIN
California DUI cases are rarely hopeless. Police officers bungle roadside investigations. Breathalyzers and blood testing are prone to error. Medical conditions and certain foods render falsely high blood alcohol readings. Our experienced DUI defense lawyers know how to capitalize on these issues to win cases or reduce the charges.
Most people arrested for a California DUI charge assume the evidence against them is insurmountable. Most of them are wrong.
DUI & DWI CASES OFTEN HAVE FLAWS OR ERRORS
Fighting a DUI or DWI charge almost always makes more sense than simply pleading guilty. For example, did you know:
- More than 100 interfering substances, medical conditions and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings?
- DUI blood testing is prone to error. When we re-test clients' blood samples at independent laboratories, we frequently get different results...and sometimes find that the original sample was contaminated?
- Police officers are required to follow a standardized set of procedures in DUI roadside investigations...and very few of them do?
THERE ARE FOUR KEY ELEMENTS TO A PROSECUTORS CASE
In a DUI criminal case, the standard of proof requirement for the prosecution is beyond reasonable doubt. If the case is not 100% free of reasonable doubt then the court can dismiss the case. The four key elements prosecutors typically use to try and convict are:
- Driving impairment patterns: The NHTSA has identified 24 visual driving clues for police officers to detect impaired drivers such as swerving or running stop lights
- Physical signs and symptoms: Observations such as red eyes, alcohol odor or unsteady gate are probably the most easily discredited by the defense
- Field sobriety tests such as the one leg stand or Nystagmus tests
- Chemical test results or refusal: There are many ways to defeat breath and blood test results
Most successful DUI and DWI defense strategies involve discrediting or exposing errors in any of the above elements to create a reasonable doubt. Only the best DUI attorney knows how to attack the above elements in Los Angeles & Orange County DUI and DWI defense.
DUI CHARGES CAUSE A PARALLEL DMV PROCESS
In California, DUI charges trigger a criminal court process and a parallel California Department of Motor Vehicles (DMV) administrative process. The process and procedure involved in a DMV hearing is different than the criminal court.
After a DUI arrest in California, you only have 10 days to request a DMV hearing in order to keep your license to drive. If you do not request the DMV hearing on time, your license will automatically be suspended after 30 days.
Generally your Los Angeles DUI attorney conducts the DMV hearing on your behalf. You may or may not be asked to attend. Our primary objectively is to convince the DMV not to suspend your drivers license. But your lawyer may also use the DMV hearing as an opportunity to gather evidence that may prove useful in court.
For example, we can subpoena the breathalyzer's maintenance and calibration logs, often revealing a history of malfunctions and inaccurate readings. We can also subpoena the arresting officer to testify at the DMV hearing...and illicit testimony about poor DUI training and mistakes in the investigation.
The different procedures involved in a DUI court case and DMV hearing are complex and the cost of losing is high, so let our experienced Orange County DUI lawyers help you every step of the way.
IMMIGRATION CONSEQUENCES OF A CALIFORNIA DUI
If you are a non-citizen with a single conviction for California DUI -- without any additional aggravating factors -- the odds are that you will not face immigration consequences such as deportation. However under certain circumstances, a California DUI conviction may be considered a deportable crime or an inadmissible crime under criminal immigration law and affect your ability to stay in the US.
For example, you may be deported, have trouble reentering the US or have trouble adjusting immigration status if you are convicted of:
- DUI while driving on a suspended license
- DUI of drugs
- DUI involving child endangerment charges such as being convicted for driving drunk with a child in the car
- Multiple DUIs or a DUI on top of convictions for other crimes
It is very important that all non-citizens facing DUI charges should be represented by a Los Angeles DUI attorney and immigration attorney who understands both immigration law and criminal law. Non-citizens need defense strategies that carefully consider and avoid the potential immigration consequences of a DUI conviction.
IMPACT OF A DUI CONVICTION ON NATURALIZATION
DUI convictions can affect a persons ability to become a US citizen due to the requirement that citizens demonstrate good moral character. Evidence of a criminal history, including a California DUI, could affect a person's application to naturalize.
In reviewing an application to naturalize, the Attorney General can review the person's conduct from all time periods, but usually focuses on the five years preceding the application. A single uncomplicated DUI conviction would not be likely to prevent you from becoming a citizen. But a DUI combined with other problems, such as multiple DUI convictions, could prevent showing good moral character.
WHAT TO DO AFTER A DUI
The entire process, from getting pulled over, through field sobriety test, an arrest, a chemical breath tests, all the way to your release from custody, can happen quickly and become a blur over time. It is important to document as much as you can about what happened throughout the entire process. Write down as much as you can remember, including:
- What happened when you were pulled over
- What the police officer said about sobriety tests, and how they were executed
- What the police officer said about a preliminary alcohol screening test (breathalyzer)
- What happened during the arrest & transportation to the police station
- What the police officer said about providing a chemical breath test
- How the officer executed the chemical breath test
All of this information may be helpful for exploring defenses available to you in your California Department of Motor Vehicles (DMV) administrative license hearing and in your criminal case. Even though police officers conduct DUI stops all the time, they can make mistakes or take shortcuts in violation of your rights. An unconstitutional traffic stop should not lead to a criminal conviction.
KEEP YOUR LICENSE
The first thing after a DUI arrest is to make sure you act quickly to keep your license to drive. After a DUI or DWI arrest, the police will take away your driver’s license and give you a temporary license to drive for 30 days. In this case, you only have 10 days, as opposed to the standard 30 days, to act in order to keep your license from being automatically suspended. The temporary license says you have 10 days to request a formal administrative license suspension hearing from the DMV.
The DMV administrative license suspension is separate from the criminal proceeding. In most cases, simply being arrested for driving with a limit of 0.08% blood alcohol content or higher will lead to a suspension, even if you are later found not guilty of drunk driving. Your DUI attorney at law can make sure you file your DMV hearing request in time, and even represent you before the DMV hearing as well as your criminal court hearing. This is important for anyone who needs their car to get around to work or school, and can’t risk losing their license to drive.
Our experienced Los Angeles and Orange County immigration attorneys guide clients through the highly complex US immigration laws to achieve their immigration or business goals. USCIS offers over 100 different classes of visas, each with its own application requirements, costs, processing times and expiration dates. Chudnovsky Law immigration attorneys offer one-stop, streamlined immigration services on the full range of US visa and immigration options available including:
Immigrant visas are for foreigners seeking legal permanent residence and possibly US citizenship. Foreigners applying for an immigrant visa usually need a US-based sponsor approved by the USCIS (US Citizenship and Immigration Services). Depending on the type of visa sought, the sponsor has to be either a prospective employer in the US or a relative who is a US citizen or green card holder.
- EB-1 visa: For non-US citizens who are exceptional professors and researchers.
- EB-2 visa: For non-US citizen professionals with advanced degrees (or their equivalent) and who have an exceptional ability in arts, sciences, or business that benefit the United States economy, cultural or educational interests, or welfare.
- EB-3 visa: For non-US citizens who are skilled workers or professionals.
- EB-4 visa: For non-US citizens who are broadcast professionals, religious workers, armed force members, or Afghan and Iraqi translators, among others.
- EB-5 visa: For non-citizens who invest in the US and create jobs
- Spousal visa: For non-citizens with a spouse who is a US citizen or green card holder.
Non-immigrant visas are for temporary stays in the US and typically have an expiration date. The process for obtaining a non-immigrant visa involves an application to the UCICS and typically an interview. Most non-immigrant visas fall under the following classifications:
- E-3 visa: For Australian nationals coming to the US solely to perform services in a specialty occupation.
- H-1B visa: For non-citizens in specialty occupations requiring bachelor's degrees.
- H-2B visa: For non-citizens who are non-agricultural temporary workers.
- L-1 visa: For intra-company transfers of non-citizens who are managers, executives, and workers with specialized knowledge and intending to work at their employers' U.S-based offices.
- O-1 visa: For non-citizens with extraordinary ability in the arts, science, movies, education, business or athletics, intending to engage in official activity in the US
INVESTMENT OR BUSINESS BASED
- E-1 visa: For non-citizens to engage solely in international trade in the US with a treaty country
- E-2 visa: For non-citizens from treaty countries who invest a substantial amount of capital in a US business
- TN visa: For qualified Canadian and Mexican citizens engaging in NAFTA authorized professional business activities in the US.
- K-1 to K-4 visas: For non-citizen family members of a US citizen.
- Parent visa: For non-citizen parent mother and/or father of a US citizen to come live in the US as green card holders.
- F-1 visa: For non-citizens attending an academic institution in the US
- M-1 visa: For non-citizens attending a vocational school in the US
- J-1 visa: For non-citizens participating in the Exchange Visitor Program such as professors, researchers, students and AuPair nannies.
- Visa options for international students after graduation →
- U visa: For victims of sexual assault, domestic violence, trafficking, or other abuse.
Chudnovsky Law offers full immigration services in Los Angeles California, Orange County and all states in the United States:
ADJUSTMENT OF STATUS
Aliens living in California may be eligible to adjust status to legal permanent residence without leaving the USA. Adjustment of status is only available to immigrants who are 1) living in the US, and 2) qualified to get a green card. For non-citizens that wish to get green cards while outside the USA will have to go through consular processing.
When aliens "adjust status," they change from being a visa-holder to a green card holder. Once aliens have a green card, they are considered legal permanent residents.
Foreigner eligibility for adjustment of status depends on the terms of their immigrant visa. Usually there are 4 requirements for adjusting status:
- The alien is presently in the USA lawfully
- The alien entered the US lawfully
- The alien has followed all the terms of his/her visa
- The alien meets the qualifications to receive a green card
In rare situations, illegal aliens may still be able to adjust status.
POST CONVICTION RELIEF OF A CRIMINAL CONVICTION
A California criminal conviction, even for certain minor offenses, can have disastrous immigration consequences for people who are not U.S. citizens. Under the federal US Immigration and Nationality Act, a conviction can result in deportation and/or inadmissibility into the US.
If you are an non-US citizen with a California conviction for an inadmissible or deportable crime on your record, you may have options for relief. With the help of our experienced Los Angeles criminal immigration attorneys at law, you may be able to receive some form of post-conviction relief that will make your conviction disappear for immigration law purposes.
This is especially likely if you were convicted or pled guilty because of ineffective legal counsel or because you were not properly informed of the possible immigration consequences of a plea or conviction.
Some examples how our Los Angeles and Orange County immigration lawyers obtain post-conviction relief of a criminal conviction:
- A motion to overturn the conviction based on ineffective legal counsel
- A motion requesting re-sentencing to avoid a conviction for an inadmissible or deportable crime
- A motion to withdraw a guilty or no-contest plea because the court did not properly advise you of the immigration consequences of the plea
- A motion to withdraw a plea for other reasons
- Modifying your felony conviction to a misdemeanor
- A "habeas corpus petition"
CALL 949.424.5450 FOR EXPERT HELP
To learn more, contact us for a free, confidential initial consultation