A criminal conviction can have tremendous immigration consequences. However, these consequences are largely determined by the nature of the crime, and whether the offense can be classified as a crime of moral turpitude.

From the perspective of the U.S. Government, crimes of moral turpitude raise serious questions about the convicted person’s personal character and their desirability as foreign residents. Thus, a conviction often has serious implications for an immigrant’s ability to remain in the country or obtain a more permanent status.

When Is an Offense Considered a Crime of Moral Turpitude?

There is no statute delineating what is or is not a crime of moral turpitude. Defining the term has often been left up to the courts, which have historically considered the defendant’s intent and the recklessness of their behavior in their determination.

A conviction for driving while impaired (DWI) has serious consequences, no matter the circumstances. However, the ramifications are even greater when you are an undocumented immigrant or hold only a green card.

After a DWI conviction, a citizen might have questions about their financial situation if they face fines or their driving privileges if they face a license suspension. An immigrant, on the other hand, might have concerns about their ability to even remain in the country.

The uncertainty of the situation is magnified by the enigmatic complexity of the U.S. immigration system. Immigration law is filled with antiquated terminology and is notoriously fickle.

Since 2012, the Deferred Action for Childhood Arrivals program, which is commonly known as DACA, has allowed immigrants who came to the United States as children to remain in the country. However, these immigrants were dealt a major blow recently when a judge in Texas ruled that the DACA program is illegal. Immigrants will need to be sure to understand what this ruling means for them and whether they have options for avoiding deportation.

Effects of the Ruling

The DACA program was put in place by President Barack Obama in 2012, and it applied to immigrants who entered the United States before reaching the age of 16, have lived in the U.S. since 2007, and do not have a lawful immigration status. Those who met the requirements of the program could receive a deferral of any deportation actions for two years, and they would have authorization to work during this time. A person could also apply for renewals and receive additional two-year extensions to their deferral period.

On July 16, 2021, a federal judge in the Southern District of Texas issued a ruling stating that the DACA program is illegal, and a permanent injunction was put in place prohibiting the government from continuing the program. This injunction applies to any new DACA applications, and deferral cannot be granted for any applications received by U.S. Citizenship and Immigration Services (USCIS) after the date of the ruling. The federal government has stated that it intends to appeal this ruling. New DACA applications may be submitted, but deferrals or employment authorization cannot be granted to those who had not previously received DACA protections.

While all criminal charges should be taken seriously, there are some types of offenses that are likely to result in severe penalties, including a long prison sentence, life in prison, or even the death penalty. Because violent crimes involve significant harm to an alleged victim and their loved ones, they are taken especially seriously by law enforcement. Murder and manslaughter can lead to particularly serious penalties, and those who have been accused of these crimes will want to understand the nature of the charges and their options for defense.

Murder and Manslaughter Charges Under North Carolina Law

An offense is generally considered to be murder if a person has wrongfully caused the death of someone else. The specific offense a person may be charged with will depend on the circumstances of the case. The laws in North Carolina define murder-related offenses as follows:

• First-degree murder - A person may be charged with this crime if they allegedly killed someone in a manner that was deliberate, willful, and premeditated. This charge will also apply if a person allegedly committed murder through poisoning, starvation, imprisonment, or torture or if murder was committed alongside another violent crime or attempted violent crime, including sexual assault, robbery, burglary, kidnapping, or another felony involving the use of a deadly weapon. First-degree murder is a Class A felony, and the maximum sentence for this offense is the death penalty or life in prison without parole.
• Second-degree murder - A person may be charged with this offense if they allegedly killed someone in a manner that was not deliberate or premeditated. If a case does not meet the standards for first-degree murder, a person may be charged with a Class B1 felony, which has a maximum sentence of life in prison without parole. If a person allegedly killed someone by committing an inherently dangerous act, or if they acted recklessly in a way that showed a disregard for human life, they may be charged with a Class B2 felony, which has a maximum sentence of 40 years in prison.
• Voluntary manslaughter - This offense involves intentionally killing someone else due to circumstances that would cause emotional distress to a reasonable person. A person may be charged with this crime if they allegedly killed a person while they were in the “heat of passion.” This is a Class D felony with a maximum prison sentence of 17 years.
• Involuntary manslaughter - This crime involves unintentionally killing someone else due to reckless or negligent conduct. A person may be charged with this offense if they accidentally killed someone while they allegedly were committing a non-violent crime or if they caused someone’s death while driving under the influence of alcohol or drugs. This offense is a Class F felony, which carries a maximum sentence of four years and 11 months in prison.

Contact Our Smithfield Violent Crime Defense Lawyers

If you have been charged with murder or a related offense, you will need to take the correct steps to mount an effective defense and determine how you can avoid being convicted. At Vasquez Law Firm, PLLC, we will help you determine the best defense strategy, and we will fight to protect your rights from the beginning to the end of your case. Contact our Johnston County criminal defense attorneys at 1-844-YO-PELEO to set up a free consultation today. Hablamos español.

Agriculture is the largest industry in North Carolina, employing more than 100,000 workers throughout the state each year. However, it is also one of the most dangerous industries for work-related injuries due to the physical labor involved and the presence of occupational hazards. Farmworkers who are injured on the job may be able to obtain relief through workers’ compensation benefits, or by filing a personal injury claim against the at-fault party.

Injury Risks for Farm Workers

Agricultural workers may be at risk of on-the-job injuries due to all of the following causes:

• Overexertion and repetitive stress - Farm labor often requires heavy lifting, bending, stooping, and repetitive motions over long periods of time. Workers may suffer injuries of the bones, muscles, tissues, and joints, whether due to one-time overexertion or ongoing stress.
• Heatstroke - Farm work takes place largely outdoors, often in high temperatures. Workers can suffer from injuries and conditions including heatstroke, heat exhaustion, hyperthermia, and dehydration.
• Equipment and traffic accidents - Agricultural employees often work with or around machinery and equipment including tractors, combines, planters, plows, and rakes. They may also be responsible for transporting agricultural materials on the roadway. Injuries may happen due to equipment malfunctions or rollovers, negligent operation, or traffic accidents.
• Chemical exposure - Farmworkers may be responsible for spraying pesticides or herbicides or working closely with crops that have been treated. These chemicals can be dangerous if they are ingested or inhaled, or if they come into contact with the skin or eyes.
• Grain bin accidents - Grain bin workers can suffer injuries due to particle inhalation or suffocation.

Options for Compensation

Some agricultural workers, especially those who work full-time for large farming operations, are eligible for workers’ compensation benefits through their employer if they are injured on the job. These benefits cover an employee’s medical expenses and part of their lost wages due to temporary or permanent disability. However, depending on the type of injury, employees may sometimes face challenges in demonstrating that their injuries were caused by their work.

If you have come to the U.S. as an immigrant, you may be unsure as to whether you should take the additional steps necessary to become a U.S. citizen. Perhaps you still strongly identify with your native country, or you have heard that the naturalization process can be difficult. Or, perhaps you feel that your status as a lawful permanent resident is sufficient. However, there are many important benefits that are only available to immigrants after they attain citizenship. You may want to seriously consider these benefits and whether they can make a meaningful difference for you and your family.

Rights and Benefits of U.S. Citizenship

When you become a naturalized U.S. citizen, you secure many different rights and benefits. Some of the most notable include:

• Voting rights - U.S. citizenship is required in order to vote in any federal elections, including elections for President and U.S. Senators and Representatives. Many state and local elections also require voters to be U.S. citizens. Gaining citizenship allows you to exercise your voting rights and have a say in important issues that affect you and your community.
• Elimination of travel restrictions - Lawful permanent residents can delay their eligibility for citizenship or lose their legal immigrant status altogether if they spend too much time traveling or living outside of the U.S. After becoming a citizen, these restrictions no longer apply, meaning you are free to visit family outside of the U.S. without incurring unexpected consequences. As a U.S. citizen, you are also eligible for a U.S. passport, which can help you travel internationally with fewer restrictions.
• Protection from deportation - Even lawful permanent residents can be at risk of removal if their Green Card expires or they are convicted of a serious criminal offense. While citizens are of course still subject to state and federal criminal laws, they cannot be deported in connection with a crime.
• Family visa benefits - Compared to lawful permanent residents, U.S. citizens generally have a higher priority when petitioning for a family visa. After becoming a citizen, you can more easily arrange for the immigration of your spouse, children, parents, and even your siblings and their families.

While becoming a naturalized citizen can be challenging, it may be well worth it. An immigration attorney can help you understand your eligibility to apply and guide you through the process.

According to the U.S. Bureau of Labor Statistics, more than 3,000 North Carolina construction workers suffered an occupational injury or illness in 2019. Around 1,800 of those workers either had to miss time at work or return to work with restricted abilities. Work-related injuries can have severe financial consequences due to the costs of medical treatment and the loss of wages and earning ability. If you have been injured in the course of your work duties on a construction site, it is important to understand your options for securing financial compensation.

Filing a North Carolina Workers’ Compensation Claim

In most cases, an employee who is injured in the course of their work for a North Carolina employer is entitled to workers’ compensation benefits. This is true whether the injuries were caused by the negligence of the employer or another party, a freak accident, or the employee’s own actions (provided that the injuries were not a result of the employee’s intoxication, willful violation of a safety rule, or intentional self-harm). Workers’ comp benefits provide for the full cost of necessary medical care for the employee’s injuries, and in some cases, temporary and permanent disability benefits that cover two-thirds of the employee’s lost wages for a duration determined based on the length of recovery and the extent of the employee’s impairment.

For the best chance of success in securing workers’ compensation benefits, it is important that you notify your employer and file your claim as soon as possible so as to avoid missing deadlines. You may also want to hire an attorney to help you resolve any disputes with your employer or their worker’s comp insurance provider, or to appeal a denied claim.

North Carolina criminal law categorizes a variety of actions as assaults, some of which are misdemeanors and some of which are serious felony offenses. Any assault charge is something you should take seriously, but it can be difficult to understand exactly what is at stake on your own. With the help of an attorney, you can better understand the charges you are facing and defend against them.

Misdemeanor Assault Charges

The basic assault charge in North Carolina is known as “simple assault,” and it is charged as a Class 2 misdemeanor. You could face simple assault charges if you intentionally physically injure another person, if you attempt or threaten to do so, or if you are involved in an “affray,” which is a public physical altercation. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. An assault on a sports official, such as a referee or umpire, can be charged as a more serious Class 1 misdemeanor, with a sentence of up to 45 days and fines at the court’s discretion.

A variety of aggravating factors can increase an assault charge to a Class A1 misdemeanor, the most serious level of misdemeanor offense in North Carolina. You may face an aggravated assault charge if you have been accused of one of the following:

According to the AAA Foundation for Traffic Safety, more than 600,000 car accidents each year involve a hit-and-run driver, accounting for around 6.5 percent of all car crash injuries and around 4.5 percent of all fatalities. If you or someone in your family has been the victim of one of these accidents, recovering compensation for your injuries can be quite difficult. However, it is by no means impossible, and an experienced attorney can help you identify and pursue the best course of action.

Identifying the Fleeing Driver

Any time you are injured in a car accident, you should call 911 as soon as possible so that you can get medical help and the police can arrive to create an accident report. This is especially important after a hit-and-run, as there may be a limited window during which the police are best able to locate the at-fault driver. You should give the responding officer as much information as possible about the driver, including the color, make, and model of their vehicle; their license plate number; the direction in which they left the scene; and any details about their physical appearance. Witnesses to the crash may also be willing to provide helpful information that you might have missed yourself.

It is also a good idea to hire an attorney as soon as possible after your accident. Your lawyer can work with law enforcement and help you identify any other possible sources of evidence that could be used to locate the driver, including video footage from nearby security or surveillance cameras. If the police can pinpoint the identity of a hit-and-run driver based on the available evidence, the driver can face felony charges and driver’s license suspension, in addition to civil liability for the injuries you have suffered.

A criminal conviction in the U.S. can have serious consequences for the status of a lawful permanent resident, temporary visa holder, or undocumented immigrant. In many cases, it is grounds for removal or deportation. Immigrants are often unsure of their rights if they are arrested on criminal charges, and as a result, they fail to exercise them. If you are aware of your rights, you may be able to achieve a better outcome in your case.

Are Immigrants Protected by the U.S. Constitution?

Many of the rights afforded to criminal defendants in the U.S. are described in the Bill of Rights, the first 10 amendments to the U.S. Constitution. These rights apply not just to U.S. citizens, but anyone who is charged with a crime for which the U.S. has jurisdiction, including both lawful and undocumented immigrants.

For example, immigrants, like citizens, are protected from unreasonable search and seizure of their property and person by the Fourth Amendment, as well as from self-incrimination by the Fifth Amendment. This means you are not required to consent to a search by an officer without a warrant, and if the officer proceeds, any resulting evidence may be inadmissible in a criminal case. You are also not required to answer an officer’s questions, aside from identifying yourself, and in many cases, the officer will notify you of your right to remain silent upon your arrest.

If you are charged with driving while impaired (DWI) in North Carolina, it is reasonable to be concerned about the penalties you may face. Any DWI conviction can come with serious consequences, but because of the complexities of the state’s DWI sentencing laws, it can be very difficult to tell just how serious they may be. Learning about North Carolina’s different levels of DWI can help you approach your defense with more confidence.

Aggravating and Mitigating Factors in North Carolina DWI Cases

North Carolina has five different levels of punishment for DWI offenders. To determine the appropriate level for the case at hand, the court will consider three different categories of factors:

• Grossly aggravating factors are the most serious, and they include things like prior DWI convictions within seven years, driving with a revoked license due to impaired driving, causing serious injury, or having a passenger under the age of 18.
• Aggravating factors include having a blood alcohol concentration (BAC) of at least 0.15, causing an accident, driving recklessly, driving with a revoked license due to other traffic offenses, or having prior convictions for other traffic offenses.
• Mitigating factors can result in lower punishment levels, and they include things like having a BAC of 0.09 or below, driving safely at the time of impairment, having a safe driving record, being impaired by a prescribed drug, and complying with mental health or substance abuse assessment and treatment.

The Five DWI Levels

Based on the court’s assessment of these factors, they will assign one of five punishment levels, as follows:

Work-related injuries are unfortunately common, especially for employees in high-risk industries like construction and others that involve heavy equipment or physical strain. If you are injured on the job in North Carolina, you are usually entitled to benefits under your employer’s workers’ compensation coverage. However, it can be difficult to understand the full amount and types of benefits to which you are entitled in order to ensure that you receive them. An experienced attorney can help you ensure fair compensation, but it is also a good idea to educate yourself about the types of benefits available in North Carolina.

Types of Workers’ Compensation Benefits in North Carolina

North Carolina workers’ comp benefits help to reimburse you for many different economic losses associated with your injuries. Depending on the type of injury you have suffered and the severity of its effects, you may be owed compensation for one or more of the following:

• Medical treatment - Your employer is required to provide for the costs of all treatment deemed medically necessary for your injuries. This may include surgery, hospital stays, medication, rehabilitation, and up to 20 chiropractor visits. If you need to travel at least 20 miles round trip for your treatment, you will also be reimbursed at a rate of $0.56 per mile for travel in 2021.
• Lost wages - Workers’ compensation also provides benefits for lost wages, but only if your injury causes you to miss work for at least 7 days. These are also known as temporary disability benefits, and they are usually paid weekly at a rate of two-thirds of the wages lost. Temporary disability payments last until you are able to return to work at full capacity, or for up to 500 weeks.
• Permanent disability - If your injury has lasting effects from which you will never fully recover, you are entitled to permanent disability benefits. The amount is determined based on the type of injury and the impairment rating according to your doctor’s report, and it can be paid weekly or all at once. Some injuries, including severe brain and spinal cord injuries, severe burn injuries, and the loss of more than one eye or limb, are considered permanent total disabilities, and in this case, you can receive compensation for the rest of your life.
• Vocational rehabilitation - If your injury prevents you from returning to your previous job with at least 75 percent of your previous wages, you are entitled to vocational rehabilitation services, including training, education, and vocational assessment, to help you increase your earning capacity and find new work.
• Death benefits - If your spouse or someone upon whom you are financially dependent dies in a work-related accident, you are entitled to compensation for a portion of their lost wages, as well as up to $10,000 in funeral and burial expenses.

Contact a Raleigh, NC Workers’ Compensation Lawyer

At Vasquez Law Firm, PLLC, we are committed to helping injured workers and their families secure all of the compensation they deserve. We can represent you throughout the process of your workers’ compensation claim, and we may also be able to help you recover pain and suffering damages from a negligent third party who was responsible for your injuries. Contact our Wake County workers’ comp attorneys today at 1-844-YO-PELEO or 844-967-3536 for a free consultation. Hablamos español.

Although the majority of U.S. states have legalized cannabis consumption in some form, both the medical and recreational use of marijuana is prohibited in North Carolina. Possessing, cultivating, and distributing marijuana is punishable by heavy penalties -- including jail time in some cases. If you or a loved one have been charged with a marijuana-related crime in North Carolina. It is important to know what you are up against. Do not assume that because public opinion regarding marijuana has shifted that you do not need to take these charges seriously.

Consequences for Possession of Cannabis Vary by Quantity

It is unlawful to possess any amount of marijuana or marijuana-containing product in North Carolina. If you possess less than half of an ounce of cannabis, you face a misdemeanor charge that is punishable by a maximum fine of $200. However, possession of greater than half of an ounce of marijuana can land you in jail. Penalties for possession of 0.5 ounce – 1.5 ounce of marijuana include up to 45 days in jail and a fine of up to $1,000. Possession of 1.5 ounces – 10 pounds is a felony offense punishable by 3-8 months in jail and a maximum $1,000 fine.

Large commercial trucks are a vital part of our American way of life. However, trucks can also cause severe, often deadly auto accidents. Truck collisions and crashes caused by fallen truck cargo injure and kill thousands of people every year in the United States. If you or a loved one were hurt in a truck accident, you may be entitled to financial compensation for your damages. However, before you can recover compensation, you must determine who is liable, or legally responsible, for the accident.

Truck Drivers May Cause an Accident By Acting Negligently

Semi-trucks and other large commercial trucks can cause catastrophic damage in a collision. Truck drivers have an extremely important responsibility to other motorists. A truck driver who fails to follow traffic laws and signals puts his or her own life and the lives of others in danger. A truck driver may be liable for your damages if the driver’s negligence caused the collision. Examples of truck driver negligence include:

Being accused of a crime can be a shocking and overwhelming experience to go through. Whether you were charged with driving while intoxicated (DWI), possessing illicit drugs, theft, a weapons crime, or another offense, you have rights. Knowing your rights is a crucial component of avoiding self-incrimination and building a strong defense against the charges. A skilled criminal defense lawyer can help you understand your legal options after being arrested and charged with a crime. Your lawyer can also ensure that your rights are not violated during the proceedings.

Remain Silent to Avoid Incriminating Yourself

Anyone who has watched a police television show has heard the recitation of the Miranda Rights. Among the rights listed in the Miranda Warning is the right to remain silent. Many people underestimate how crucial this right actually is. By staying silent, you avoid accidentally saying something that may be used against you during and in future criminal proceedings. Police are permitted to use various strategies to get criminal defendants to talk – including lying. Do not allow police to interrogate you without an attorney present. Remain silent and ask for your lawyer.

If you were hurt in a car accident, slip and fall accident, or another incident caused by the negligent actions of another party, you may be interested in filing a personal injury claim. An injury claim may allow you to recover financial compensation for your medical bills, lost income, and other damages caused by the accident. North Carolina personal injury lawsuits are subject to the state’s laws regarding “contributory negligence.” It is important to learn about how this law may affect your eligibility for damages.

Shared Liability for an Injury-Causing Accident

Many different elements can cause a person to be injured in an accident. Sometimes, the injured person’s own actions caused or contributed to the severity of his or her injuries. Personal injury claims involving shared fault are handled differently depending on the applicable state laws. North Carolina is one of the few states that follow a legal doctrine called “contributory negligence.” This means that you are not entitled to any damages if your injuries were caused by your own negligence. Even if your actions were only 1 percent the cause of the accident, you are typically barred from recovering compensation. However, your negligent actions must have contributed to your injuries in order for this negligence to prevent you from collecting damages. If you acted recklessly but this behavior did not cause or worsen the injury-causing accident, your negligence does not prevent you from recovering damages.

Riding a motorcycle can be an exhilarating way to travel. Unfortunately, it is also quite risky. The National Highway Traffic Safety Administration (NHTSA) states that over 5,000 motorcyclists died in the year 2017 and thousands more were injured. If you or a loved one were hurt in a motorcycle accident, you may be left with enormous medical bills and other expenses related to the crash. A personal injury claim may allow you to recover financial compensation for these costs if a negligent party is found to be at fault.

Establish the At-Fault Party

Before you can seek compensation for your costs through a motorcycle accident injury claim, you will need to determine the party who is liable, or legally responsible, for the accident. Liability may lie with another driver who was under the influence of alcohol, texting and driving or was otherwise driving carelessly. Legal responsibility may also lie with the manufacturer of a faulty motorcycle part, the municipality who failed to properly maintain the road, a trucking company, or a number of other parties. Evidence such as a red-light camera or dash camera footage, vehicle event data recorders, and witness testimony may all be used to confirm the responsible party’s liability. An attorney experienced in car accident injury cases will be able to help you gather evidence to strengthen your claim against the at-fault driver.  

A Permanent Resident Card or “green card” is a document that allows U.S. immigrants to reside in the United States permanently. Individuals who have successfully obtained green cards are called lawful permanent residents (LPR). After becoming an LPR and residing in the United States for at least five years, green card holders may apply for U.S. citizenship. If you or a loved one is foreign-born and interested in living in the United States, you may have questions about who is eligible to become a permanent resident. You may also be curious about what the process of applying for and obtaining a green card involves. Read on to learn more about Permanent Resident Cards and how you can get legal support for a range of immigration concerns.

Do I Qualify for a Permanent Resident Card?

There are several different ways that an individual born outside of the United States can become a lawful permanent resident. You may be able to obtain a green card if: