I NEED A LAWYER FOR A NON-LICENSE TICKET
For immigrants who are residing in the United States, one of the most worrying situations they can experience has to do with not having a license. Not all states have it, but a ticket for no license, in the State of Georgia specifically, has jail time. Before starting, you have to understand that the Ticket for no license It is a misdiminor, that is, a prison time of less than one year; and the felony, for more than a year.
Although initially the ticket for no license is classified as misdiminor, if they accumulate, they can become a felony. More than three tickets in a period of one year can result in a felony. It is a latent risk for the immigrant community in Georgia.
For driving without a license, you have at least a mandatory two-day jail sentence.
One of the cases that is best known or that comes to our law office is that it is thought that after leaving and paying bail, even though many years have passed, the bail bond paid the fine, but did not close the case. That is, the case was opened before the State of Georgia. The money paid was only for bail, but it is necessary to appear in court to resolve the case. There are cases in which this can be paid for by a special arrangement with the Court, but not in all.
It is important to have legal advice to resolve this matter to avoid any type of headache later. Most Courts require that the person appear before the judge to resolve the case. People are terrified by this scenario because they have many fears of being discovered as illegal and being deported.
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In order to be calm it is necessary to resolve the case
In most cases it is negotiated with the prosecution in different ways. It may be paying for days in jail in some cases, in others with a sentence in a penitentiary establishment or house in jail or with community service. In this regard, the law within the State of Georgia says that a ticket for no license has two days of mandatory jail time, a maximum of up to twelve months; a second no license ticket in five years has a mandatory ten days in jail, up to twelve months; the third ticket has up to 30 days in jail, for a mandatory twelve months; and the fourth ticket can increase the charges to felony, which carries more jail time.
It is therefore important to have a driver to avoid risks of this type.
Immigration policies have tightened in the last four years, which has made it difficult to defend the immigration community. Therefore, the role of the lawyer has to do with the negotiation that can be done with the prosecutor's office and arrange the best sentence for the person, without affecting their life in the United States.
Each case has different specific characteristics. Many times people go to take fingerprints and it turns out that it is registered inside the prison. It is a very critical role, depending on the Court. It is necessary to have a trusted lawyer with experience with migrant populations.
We must be aware of all the risks that exist when living in the United States. Minimize risks to avoid any arrest and have a productive life without a record. You should not go alone when resolving a ticket for no license. The first thing a lawyer has to know is in which county the incident occurred and the ticket history. To do this, it is necessary to make a count of these tickets in order to have a complete overview of the legal situation.
If in five years you have not had tickets due to no license, and they give you another one, they are counted as a new one. So two days in jail can be negotiated more easily than an accumulation of several tickets, which, as has been said, can lead to a felony, which is much more complicated.
There is a risk of probation
But what is probation? The judge often gives the opportunity for probation, it is necessary to report to a probation officer for a month and avoid violating any law of the United States. This means not committing any type of transgression of the law, from running a red light to throwing a piece of paper into the street. If there is an accumulation of tickets for five years, you cannot get out of the problem without completing tasks or punishments. It is a difficult test, since you have to walk carefully and not commit any type of transgression.
In most cases, depending on the court, the conditions and the context, only the fine is paid and the person goes home without problems. Sometimes the fine is paid and the fingerprints are taken, which implies having already been in jail. There is great risk with non-license tickets.
During the coronavirus pandemic, non-license tickets have been made more flexible so as not to fill the prisons. Therefore, it is necessary to speak with the attorney to ensure that non-license tickets accumulate and become a felony. A lawyer can resolve all doubts so as not to go swimming with your eyes closed before the Court. Sometimes the judge himself tells him to negotiate to avoid jail and to seek legal advice. Latinos in the United States can see their situation complicated by ignorance of the law. So we must not let time pass so that the legal situation before the State of Georgia or any other does not worsen.
Non-license tickets are not minor legal problems. They require days in jail
Therefore the case must be fought, but in general, it must be avoided at all costs. If you have a ticket for no license, save it so you can begin to establish your defense. In any case, it is a quite complex situation for the immigrant community in the United States. Please avoid this first, but if you already unfortunately have a ticket, contact us as soon as possible before your situation as a resident of Atlanta becomes complicated.
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