Immigration/Deportation Defense

Immigration

Do not trust your important immigration matter to inexperienced persons, notaries or immigration consultants. At the Serrato Law Firm, we work to make sure that your opportunity, which may be your one and only opportunity, of immigrating to the United States or receiving an immigration benefit is done correctly and professionally. We represent clients with the following immigration matters:
 U.S. Citizenship/Naturalization
 Family Petitions and Adjustment of Status
 Employment Petitions and Adjustment of Status
 Registry
 Asylum, Withholding of Removal, U.N. Convention Against Torture
 NACARA
 Special Petitions
 Visas

Deportation Litigation

If you have been arrested by immigration authorities or are in deportation/ removal proceedings, you are probably frightened, confused, and concerned about your future and that of your family. At the Law Offices of Serrato Law Firm, we work to level the playing field with the immigration prosecutors, and represent clients in all types of cases. We have successfully litigated cases before the immigration courts through the U.S. Ninth Circuit Court of Appeal, including cases involving:

 Entry Without Inspection
 Bail and bond proceedings
 Battery
 Conspiracy
 Domestic Violence
 Drug and Narcotic Sales and Possession
 Alien Smuggling
 Embezzlement
 Fraud
 Habeas Corpus Relief
 Juvenile Offenses
 Sex Offenses
 Theft and Grand Larceny
 White Collar Crimes
 Other Aggravated Felonies and Crimes Involving Moral Turpitude

Anyone who is arrested should exercise his or her right to remain silent. This means that you should not answer any questions asked by immigration authorities. Just politely say "I want a lawyer," and contact a lawyer as soon as possible. It is important to remember that immigration officers are trained to investigate immigration violations and gather evidence to build a case against you. In their search for evidence, rules are often bent and statements are taken out of context in the pursuit of an arrest and deportation. In fact, most people provide the evidence needed to deport themselves through confessions, statements, or other evidence. While it is always a good idea to be cooperative with law enforcement, it is important to do so in a controlled setting where you have access to experienced legal advice. We take our responsibility as deportation defense attorneys seriously, and are available to help clients throughout the southern California 24 hours a day, 7 days a week, 365 days a year. We also have extensive experience with the Arizona immigration courts and welcome the opportunity to assist you.

Vehicle Accidents

Cases arising out of automobile accidents are by far the most common type of personal injury case pending in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). Except in those states where legislation eliminating fault as an issue has been passed (no-fault laws), these cases are typically governed by the law of negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence was a proximate cause of the accident, and that the accident caused the plaintiff's injuries. If you have been involved in a motor vehicle accident, you must not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.

Fault
As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Fault issues can be complicated, and an experienced attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident.

Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:

disobeying traffic signs or signals;

failing to signal while turning;

driving above or below the posted speed limit;

disregarding weather or traffic conditions;

failing to drive on the right side of the road; and

driving under the influence of drugs or alcohol.

Causes of Automobile Accidents
A driver may also be liable for an accident due to his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with "willful and wanton disregard" for the probability that such driving may cause an accident. A driver could be found reckless, for example, if he or she drives in a threatening or harassing manner out of "road rage" and causes an accident. (Criminal charges will also stem from such behavior). Road rage is defined as "an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway."

Statistics compiled in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families. About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year.

Traffic safety and law enforcement organizations are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate, zip from lane to lane, flash headlights in frustration, and engage in other dangerous driving practices. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:

speeding-exceeding the posted limit or driving too fast for conditions;

improper or excessive lane changing;

failing to signal intent;

failing to see that movement can be made safely; or

improper passing-failing to signal intent, using an emergency lane to pass, or passing on the shoulder.

Avoiding an Accident
If you are confronted by an aggressive driver, the NHTSA recommends that you take the following actions:

Get out of the way: first and foremost, make every attempt to get out of his or her way.

Put your pride aside: do not challenge the aggressive driver by speeding up or attempting to hold-your-own in your travel lane.

Avoid eye contact: eye contact can sometimes enrage an aggressive driver.

Avoid gestures: ignore gestures and refuse to return them.

Report serious aggressive driving: you or a passenger may call the police, but, if you use a cell phone, pull over to a safe location.

Drunk Driving
Every 30 minutes, someone in this country dies in an alcohol-related crash. Last year alone, over one million people were injured in alcohol-related traffic crashes. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver being held liable for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability, however. Experienced personal injury attorneys are aware of the many laws governing legal responsibility and can help you identify who might be held responsible for your injuries, including people or businesses you may not have considered.

Accidents that are Not Caused by the Drivers Involved
In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident may occur due to a defect in someone's automobile. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.

Another example of a situation where a driver may not be at fault for an accident is where a mechanic fails to properly repair a vehicle, and the failure causes an accident. In such a case, the person who improperly repaired the automobile, and his employer, may be liable for the injuries sustained under the theory of negligence.

Other factors, such as poorly maintained roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In cases such as this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however, and good legal advice is critical to preserving and winning such claims.

Conclusion
In all of the above cases, it is essential that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon personal injury attorneys who are skilled and experienced in motor vehicle accident cases to assess your situation and determine the best methods for you to obtain any compensation available for the damages you suffered.