Criminal Activity and Citizenship

When you apply for citizenship, the court is looking for an applicant that is of good moral jail inmatecharacter. If you are convicted of a crime, you will most likely not be granted citizenship, and most likely will be deported. Therefore, if you are arrested for a crime, you should consult with a criminal defense attorney if at all possible.

Arrest vs. Conviction
It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty. A conviction means that the state was able to prove beyond reasonable doubt that you’re guilty.

By definition, an arrest doesn’t require as much information as a conviction, and if you’re in one of the following situations then it means you haven’t yet been convicted of a crime:

A resolution for your case was determined through probation.
The court has established you as a delinquent through juvenile court, an outcome which is very different from a conviction.
You went through a full trial and were acquitted due to a lack of proof from the prosecutor
The charges against you were dropped after the arrest due to a lack of sufficient evidence on the part of the prosecuting attorney.

When Does an Arrest Matter?
Good moral character is one of the most important considerations that U.S. immigration law takes into account when deciding on a case. Another consideration that U.S. immigration officials will look into is your arrest record. If it’s found that you have had a history of drug abuse or drug trafficking, this will be taken as part of your character assessment. Therefore, it’s not necessary for you to have a conviction in order for the U.S. government to deny your citizenship application.

Prior Arrests
As you undergo the naturalization process, it’s important that you disclose any arrests, convictions, detentions or citations that you’ve been through prior to your application. It’s also in your best interest to reveal whether you’ve engaged in criminal activity, regardless of whether or not you were convicted for those activities.

Keep in mind here that the whole point of this exercise is to prove that you have good moral character and that you have maintained a good record five years prior to your application. This is not to say that officials won’t look into an earlier part of your past because they can go back as far as 10 years if they find something of interest in your history.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Hardship Drivers License

If you have never had to go without driving, you probably can’t imagine life without a arrestlicense. Going to work, to the store, and to the doctor can all be a major challenge. If your license has been suspended, you may not be aware that the hardship license in Florida exists.

A hardship license is a restricted license that is issued by the state, in accordance with statutes or by order of the court, after a driver’s license has been suspended. A few reasons your license may be suspended include DUI, unpaid court fees, backed up child support, or driving without insurance.

While dealing with these issues, it’s possible to apply for a hardship license that allows one to commute to work, school and other pre-determined locations. One must remain compliant because if a law enforcement officer discovers the driver outside of these locations, the temporary license privileges will be immediately revoked. Eligibility is not easy as proof must be submitted that the lack of driving privileges impose a severe hardship on current employment or education enrollment.

How To Apply For A Hardship License in Florida

In order to apply for a hardship license you must first enroll in the Florida 12 Hour ADI (Aggressive Driver Improvement) course. Once enrolled you will receive a verification letter. Next you’ll need to reach out to your clerk of court’s office to get a copy of your driving record. Once you have those two things, you’ll need to properly fill out the Application for Hardship License form and take all three things to your local DMV along with multiple forms of identification – birth certificate, Social Security Card, W-2 form, and two copies of bills that prove your address. Here, you’ll be assigned a hearing officer that will decide if you are eligible for the hardship license.

Once the hardship license is approved, you’ll be able to drive to only the designated locations during the designated times. After you complete the ADI course and your suspension time has expired, you can request a full license reinstatement at the same Florida Bureau of Administrative Review Office.

If you or someone you know currently have a suspended license and are in need of a hardship license, reaching out to an experienced criminal defense attorney can help get your driving record sorted out and your driving privileges back on track.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.