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F. If You Are a
Non-US Citizen
If you are a non-US citizen, we highly recommend contacting
this office immediately. This office defends
international clients in a consultation with an immigration
attorney. Tailoring your defense and strategy based on your
immigration needs and status can significantly affect your
future life in America.
When you get arrested for DWI and indictable charges in New
Jersey, the police officer will ask your immigration status.
This question is already included in the current DWI arrest report.
In the arrest report, there is a section to identify whether
an arrestee is a US citizen or not. You do have the right not
to answer, but DO NOT LIE ON ANY DOCUMENTATION.
The arresting officer can ask the defendant’s citizenship, immigration
status, and nationality. Attorney General’s Office in New Jersey
emphasizes cooperation between local police and Immigration Customs
Enforcement (ICE) regarding arrests and detection of serious
crimes. It further states that the arresting officer must report
the status to ICE and the court of an undocumented immigrant.
Based on an arrestee’s information, a Municipal Prosecutor can
inquire about the arrestee’s immigration status to ICE. New Jersey
has implemented the system by an arrest report question intended
to obtain particular information about defendants who are non-US
citizens. New Jersey’s stated policy is to continue a cooperative
relationship with ICE for public safety improvement.
Immigration status is also considered when
the judge sets bail. Factors to be considered in setting the
bail generally include
such as the length of defendant’s residence, family/community
ties, or risk of failure to appear in court. If you are a non-US
citizen, who holds nationality in a foreign country besides the
USA, the judge may perceive that you have a thinner relationship
with New Jersey than US citizens, on average, which can result
in a perception of higher risk of escaping to the country of
origin. Information of immigration status is now incorporated
in various ways in the legal system to detain a non-US citizen
for prosecution in court.
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1The figure is as of May 29, 2007. Win rate
is defined as the number of clients not convicted for DWI divided
by the total number of clients who were charged with DWI. The
clients are those who retained this office after 2005. Each case
varies. Under any circumstance, we do NOT guarantee a successful
outcome in any individual case.
2The figure is as of May 29, 2007. Win rate is defined as the
number of clients not convicted for No Automobile Liability Insurance
divided by the total number of clients who were charged with
said charge. The clients are those who retained this office after
2000. Each case varies. Under any circumstance, we do NOT guarantee
a successful outcome in any individual case.
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