India Tourist Visa Guidelines for Visa Extension

Longer extensions must be approved by the Ministry of Home Affairs (MHA). The process of applying for one can give you a bit of a grace period while they consider it. It’s important to note that if you stay in the country illegally beyond the period of your visa, you may face fines, deportation and/or up to five years in prison.

Visa conversions and extensions are handled by the MHA only between 10 A.M. and noon, Monday to Friday. The address for the main office is Foreigners’ Division, MHA, Lok Nayak Bhawan, Khan Market, New Delhi. If you want to change your visa status from one category to another, you should go in person to the office. In case of serious illness, you can send a representative. If you aren’t in Delhi, go to the nearest Foreigners’ Registration Office (FRO), which will forward your case to the MHA for approval. Applications for extensions or conversions should be made a few months before your current visa expires, if possible.

In general, you can’t change the category of your visa while you are in India; e.g., if you are in India on a Tourist Visa, you can’t just decide to take up a job. In such a case, you have to go back to your own country to apply for a new visa. The MHA does have the authority to give you a different visa if there are extraordinary circumstances, but they rarely do it.

PIO Cards and OCI Status- If your parents, grandparents or great-grandparents were Indian nationals, or if you are the spouse of an Indian citizen or PIO, or if you once held an India passport, you can get a PIO (Person of Indian Origin) Card that is valid for 15 years. This card allows visa-free entry to PIOs living abroad, but you do have to register if you stay more than 180 days.

There is also a status called Overseas Citizenship of India (OCI) that is available to PIOs or others who either are or were eligible for Indian citizenship at a certain time. This is not dual citizenship. Rather, it’s essentially a permanent visa that allows you to come and go as you wish and to stay as long as you like without registering. It gives you most of the privileges enjoyed by Indian citizens, except that you can’t vote, buy agricultural land, or hold certain public offices.

Exit Visa- If your passport is lost or stolen; you have gone to the FRRO so you can get your visa transferred to the new passport. Or you can get an Exit Visa, which will allow you a certain number of days in which to leave the country legally. Without one or the other, you won’t be able to leave India. To get an Exit Visa, you need to present your new passport, a letter from your embassy giving details of the lost or stolen passport, and the original police report, as well as proof of date of entry into India (i.e., your boarding pass, a letter from the airline on which you arrived verifying date and place for your arrival in India, or a photocopy of your visa and entry stamp).

Special Permits- In order to visit certain restricted or protected areas, including the Andaman Islands, Lakshadweep, parts of Ladakh, and some of the Northeastern States, you will need a special permit. Some permits (excluding Inner Line permits for border areas of Ladakh, which take only a day) may take a week or two to get, so you should apply well in advance. You can get permits come Sikkim from embassies and consulates abroad before you come, or the Foreigners’ Registration Offices in India, and in Darjeeling and Siliguri, as well as at certain major airports.

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DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

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FAQS About Public Defenders

When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste anytime answering this question, and many more frequently asked questions about public defense lawyers. A public defender is a criminal defense lawyer that works for the state and paid by the government. They provide free legal representation to defendants that are facing criminal charges that are punishable by jail time. Continue reading to read more common questions and answers just like this one!

Do Defendants Have to Pay for a Public Defender?

No, clients do not pay. However, a judge must decide that a defendant qualifies for public defense before one is appointed to them. In cases that a person is fully capable of paying for a private representation, they may be denied state assistance.

Is a Public Defender Less Qualified Than a Regular Criminal Lawyer?

No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licensing. The only difference is the level of skills and experience of each person.

Should I Use Public Representation or Hire My Own Lawyer?

Although public defenders are equally qualified doesn’t mean they are the most promising option for defense. Since they work for the state, their case loads are extremely rigorous and overflowing. This means they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure you avoid the maximum penalties if convicted of your charges. Whether you are facing a petty charge like shoplifting, or a major charge like manslaughter, private counsel is the best choice, no matter the price. You can’t put a price on freedom, after all.

Can a Public Defense Lawyer Reject My Case?

If you are indigent and cannot pay your bills as they come due, it would be both unethical and illegal to have your case rejected since it is a violation to your Constitutional rights. Although a case can be handed over from one lawyer to another, it cannot be rejected and ultimately “skipped over” or denied. A person who is entitled to free representation will get it, no matter what.

Can I Request a New Lawyer?

If you are found to be eligible for state defense, you will be assigned a lawyer by the court. If this lawyer does not meet your expectations or recover the plea arrangement that you wanted, you do not have any options. Unless you can prove to a judge that your current lawyer is somehow violating your right to adequate representation, you cannot switch or be appointed a new one. Inadequate representation includes scenarios like missing appointments, failing to meet deadlines, forcing you to a certain plea, not informing you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must hire private representation anyway, so asking to switch at that point wouldn’t be necessary.

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Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

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Is the Cost of Bail Higher for Felony Charges?

Discovering that your loved one has been arrested is not an enjoyable experience. No one wants to get this phone call; especially because your first thought is likely about the expense it will cost you. Finding out that your loved one was arrested on serious felony charges is even more disturbing, and can cause your mind to go into a whirlwind of questions and concerns. As history shows, many people want to know if a felony charge will increase the cost of a bail bond. The answer to this question, however, is not cut and dry. Continue reading to learn how the cost of bail is calculated, and whether or not the severity of the crime affects the total price of bail.

Cost of Bail

Bonds are set by judges who consider various factors before deciding on an amount. These factors include, but are not limited to, the defendant’s criminal history, the severity of their crime, and whether or not they are a flight risk. So in short, “yes”; the cost of bail is absolutely affected by the severity of criminal charges. This is for many reasons.

Bail Schedules

Most states have bail schedules with predetermined bond amounts for certain categories of crimes. For instance, shoplifting might come with an automatic bail schedule of $1000, while domestic violence might have a $10,000 bond or more. The more serious the crime, the higher the bond amount set by the judge. If a charge is a violent one, such as assault, battery, domestic disturbances, and child abuse, you can guarantee that the bond will be set high. Furthermore, all preset bond amounts, however, can be increased upon the judge’s discretion depending on the previously discussed factors. But not to worry, our U.S. Constitution protects us from excessive bond amounts. So they will be fair.

Bail Bondsmen

Unless you want to pay the jail or courts the full bond amount in cash or property, you will need to hire a bail bondsman. They charge a nonrefundable fee that is a set percentage of the total bond amount. For felony charges, bond amounts will be higher, which means the cost of a bail bond will be too. The premium a bail bondsman is allowed to charge is controlled and regulated by the State’s Insurance Department. Currently, this rates are set between 10 and 15 percent. This means that the total allowable premium that bail bond companies are allowed to charge can be anywhere between these percentages. They get to choose how much they charge within this range. If a person is facing a felony charge and they have a history for fleeing, a bail bondsman will charge on the higher end, closer to the 15% marker. For first time or minor offenses, most stick with the 10% charge.

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10 Criminal Law Tips Everyone Needs to Know

Whether you are a past offender, currently facing criminal charges, or have a clean record, these criminal law tips are facts that everyone needs to know. Not only can having this knowledge protect you and your loved ones in various situations, it can help you navigate current and future legal issues that are in the works. Continue reading to learn 10 criminal law facts and advice, and be sure to pass this information onto your friends, co-workers, and loved ones.

Important Criminal Defense Tips

1. If you are pulled over and an officer suspects you have been drinking, you have the right to refuse a sobriety test. But there is a serious catch. Keep in mind that this also means law enforcement will arrest you on the spot, and your drivers’ license will be automatically suspended for 12 months. This is because most states, such as Indiana, are “implied consent” states. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime.

2. If law enforcement shows up at your house or office requesting to conduct a search of the premises, you have the right to refuse. If they have a search warrant, you do not have this right and you must cooperate with them completely. If they do not have a search warrant, close the door and immediately contact a criminal defense lawyer.

3. If you are confronted by law enforcement, always be courteous and cooperative. Having an attitude, being disrespectful, and refusing to cooperate will only get you in more trouble. If you want the best experience possible with police, whether you end up getting arrested or not, be sure you are polite, well-spoken, and cooperative. They have all the power at the moment, and you must remember that you do not have control over the situation, so it is best to just give in and relinquish all the control. This will make your time with police and jail (if it gets to that) a lot easier for you.

4. If you are already on probation or parole for a previous offense, and you commit another crime, you will face additional legal sentences and penalties on top of the one you are currently serving. Many people are unaware how serious of an offense it is to violate probation or parole, especially by committing another crime. You can most certainly expect to be sentenced to jail time.

5. A minor is a person over the age of 10 and under the age of 18. However, minors can be charged as an adult in certain cases. This usually happens if the crime is very serious or if the minor is close to turning 18 years old. Being tried as an adult means that a minor faces adult penalties.

6. If you are a past offender, and it has been many years since your last offense, you may qualify to have your criminal record sealed from public access. This means that employers, banks, landlords, and the general public cannot look up a particular criminal charge or arrest. You must have a criminal defense lawyer help you file for record sealing, as the process is highly complex and demanding.

7. To get a complete copy of your criminal record, you must compile all records in every county and state they exist. That is because local, state, and federal records are all different. You will have to contact the clerk’s office or local authorities to get the records you need. You can also have your criminal defense lawyer help you with this.

8. Never waive your right to an attorney. Furthermore, never attempt to represent yourself in court. If you want to avoid the maximum penalties for your criminal charges, you need to have an experienced lawyer working on your defense. They are the only ones who have the knowledge and resources to protect your rights and preserve your freedoms.

9. You have to be very careful what you post to your social media accounts. You must understand that your social media activity can be used against you in a court of law, even traffic court, divorce court, and other civil courts. Law enforcement and government organizations have technology that allows them to identify IP addresses, locations, coordinates, times, dates, and more. If you post from a coffee shop on the corner of 9th and Main, they can find out. Nothing is private on your social media, and all activity is permanently logged forever.

10. The best way to avoid getting in trouble with the law is to surround yourself with positive and healthy people, and to partake in healthy activities. Furthermore, educating yourself on certain particulars of the law can help you understand your rights and obligations as a U.S. citizen. If you ever have questions about the law, contact a trusted criminal defense lawyer for professional advice and answers.

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First Offense DUI

There are strict penalties for a First Offense DUI conviction. If you are arrested for a First Offense DUI in Michigan, here are some of the penalties you are facing upon conviction.

  • Operating While Intoxicated (OWI) $100 to $500 fine:
  • Up to 360 hours of community service.
  • Up to 93 days in jail.
  • Possible vehicle immobilization.
  • Driver license suspension for 30 days, followed by restrictions for 150 days.
  • Six points added to driver record.
  • Possible ignition interlock.
  • $1,000 Driver Responsibility Fee for two consecutive years for OWI.
  • $500 Driver Responsibility Fee for two consecutive years for OWPD.

Not only is an arrest for a First Offense DUI embarrassing, it can cost your job, thousands of dollars in legal fees leaving you and even fear about what is what your future holds.

You need to find a good lawyer to help you fight your first offense DUI charge. You need to find a lawyer that is dedicated to providing their client with an aggressive drunk driving defense no matter the complexity of your OWI/DUI case. Most good lawyers offer a free OWI/DUI case evaluation to help you better understand the complexity and uniqueness of your case. A good drunk driving defense strategy aims for the absolute best results.
While the law is the same throughout Michigan, local courts often employ differing procedures in how they handle such cases, and it is important to have an attorney representing you who is familiar with these differences and able to use them to your advantage.
Being stopped and put under arrest for drunk driving is an embarrassing event. The penalties are extreme and are becoming tougher by the year. If you are arrested for DUI, OWI or impaired driving, you probably have many questions such as: am I going to jail? Will I lose my driver’s license? Can I take my case to trial and win? Again, a good Criminal Defense Lawyer can help you figure out these issues with you. Do not face these kinds of charges alone.

Depending on the facts and circumstances of your case and your previous record, a drunk driving conviction can result in jail time, significant fines and costs, community service, work crew, loss of your driving privileges and probation.

I am amazed at how many times I see people think they can handle a first offense dui offense by themselves. This is a grave mistake. Always have a lawyer by your side when you are facing a dui charge.

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Did You Leave The Scene Of An Accident Even Though You Were Not At Fault?

State law in Ohio requires each person involved in a crash on a public road or parking lot to report the incident to police. The hit-and-run statute also imposes legal duties to remain on the scene, speak with investigators, alert emergency medical personnel when injuries occur, and, when possible, provide first aid to people who got hurt in the wreck.

The rules apply equally to the person who causes the crash and the victims. One of the implications of this is that victims of hit-and-run collisions can get charged with driving off after a wreck. Another is that failing to call in a crash can greatly complicate the insurance claims process, in large part because no official police report will get generated.

Do understand, however, that leaving a note on a parked car can protect an at-fault driver. Likewise, a person who comes back to a damaged car will not face problems for failing to report the incident immediately after it happened. When a hit-and-run involves an unoccupied vehicle, some leeway is allowed.

How a Victim Can Face Blame for a Hit and Run

Picture a four vehicle pile up at an intersection. A truck driver set off the chain reaction by failing to brake in time while approaching a red light. He slams into the back of a car, pushing it into the path of traffic crossing from a side street with a green light. If both the truck driver and the person in the car take off without checking on people in the other cars, without giving statements and insurance information to law enforcement officers, and without calling 911, both can be charged with the offense that Ohio courts call leaving the scene of an accident.

Problems With Hit-Skip Victim-Blaming

Even though the person driving the vehicle was a victim of the truck driver’s negligence or recklessness, the person has to comply with the hit-and-run law in order to avoid possible criminal consequences. The victim might have panicked or just assumed that he or she did not need to stick around because the truck driver was clearly at fault. Police and the court would not be inclined to accept either excuse at face value, so hiring a hit-and-run defense lawyer would be a good idea for the driver.

Beyond the legal concern, remaining on the scene would spare the driver from coming under suspicion of causing any part of the wreck and inflicting any injuries. Simply getting accused of instigating a hit-and-run collision can make filing and collecting on insurance claims impossible. Insurers will work hard to deny claims from a driver they believe to be at fault.

Speaking with a lawyer who does hit-and-run defense can help in a situation like this. The attorney will be able to organize and present evidence to support the victim’s right to make claims. The lawyer could also use evidence to explain why leaving the scene of the accident would be understandable and forgivable.

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DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

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