If you or any other undocumented person is approached by Immigration and Customs Enforcement (ICE), it's crucial to know their rights and how to respond in a way that protects them legally and personally. The U.S. immigration system can be intimidating, and ICE agents have broad authority, but there are specific, legal protections in place that can help an undocumented person navigate this challenging situation.
1. Know Your Rights
One of the most important things for an undocumented person to remember is that they have certain rights, regardless of their immigration status. These rights include:

• Right to Remain Silent: An undocumented person does not have to answer questions about their immigration status, where they were born, or whether they are a U.S. citizen. They can politely decline to answer these questions by saying, “I choose to remain silent.”
• Right to an Attorney: If ICE attempts to detain or arrest an undocumented person, they have the right to an attorney. While the government does not provide a lawyer for immigration cases (unless the person is a minor), it’s still advisable to request an attorney before proceeding. They can also call a lawyer for assistance during the process.
• Right to Due Process: Under the U.S. Constitution, everyone has the right to due process, which means they cannot be detained or deported without going through a legal process, including a hearing before an immigration judge.
• Right to Refuse Consent to Search: If ICE agents come to your home or workplace, they cannot search or enter without consent unless they have a warrant signed by a judge. It’s important to ask to see the warrant if they claim to have one. A "Warrant of Arrest" is different from a "Warrant of Removal" or a "Search Warrant," so it’s crucial to verify that the document is legitimate and applicable to the situation.

2. Stay Calm and Composed
When approached by ICE agents, it’s essential to stay calm and not panic. The way you react could impact the situation. Politely ask if they have a warrant and, if so, request to see it. If ICE agents are at your home, you do not have to let them inside unless they show a warrant.
It’s also important not to run away or resist arrest, as doing so could make things worse. Even if the situation feels threatening, running may be seen as suspicious behavior and could lead to more severe consequences.

3. Document the Situation
If possible, document the interaction. This includes noting the names and badge numbers of the ICE agents, the date, and the location. If you have a phone with you, it can be useful to record the interaction, especially if agents are being aggressive or violating rights. However, be discreet, as recording agents may be a legal gray area in some locations.
If there are any witnesses around, make sure they are aware of your rights and ask them to document what happens as well. In some cases, having a witness can help verify that ICE agents did not overstep their authority.

4. Do Not Sign Anything Without Understanding It
If ICE officers present any documents for signature, it’s essential not to sign anything without fully understanding what it is. Signing documents can be interpreted as consenting to deportation or waiving rights, so make sure to read the document carefully and consult with an attorney if possible.
If you are not sure, calmly explain that you would like to review it with a lawyer before signing. Keep in mind that any document you sign could impact your case in the future.

5. Know What to Do If Detained
If an undocumented person is detained, they should:

• Request to Speak with a Lawyer: Make sure to request an attorney immediately. Even if you don’t have one at the time, you can still ask to be connected with legal assistance.
• Do Not Answer Questions About Immigration Status: They do not have to reveal their immigration status or answer questions that could lead to their deportation.
• Request a Bond Hearing: Depending on the situation, an individual may be eligible for release on bond. You have the right to a bond hearing before an immigration judge, where you may be able to argue for release while you await your immigration case to be resolved.
• Contact Family and Friends: If you’re detained, you can call family members or friends to inform them of your situation. They can help arrange for legal support, notify your lawyer, or work on a release plan.

6. Prepare in Advance
​Before an encounter with ICE occurs, it’s wise to be prepared. This includes:

• Having Legal Resources Ready: Keep contact information for a trusted immigration lawyer on hand, as well as any emergency legal documents, such as a power of attorney or documents about your case.
• Create a Family Plan: If you have children or family members, make sure they know what to do in case of an arrest. It can help reduce the stress of the situation if everyone is aware of the next steps.
• Know Your Rights: Educate yourself about your rights in advance. Knowing how to handle a potential ICE encounter can reduce panic and increase your chances of protecting yourself effectively.

7. Stay Informed
​Laws around immigration can change, and policies vary by state and even by city. Stay informed about local "sanctuary" policies or other protections that might apply to your situation. Many cities and states have adopted measures that limit cooperation with ICE, and it’s important to be aware of any legal protections available to you.

Devina is not an immigration attorney, but as so many undocumetned people run into issues with immigration officials at the time of their arrest, she wanted to provide this information.

​If you have a criminal case you'd like to discuss with her, Contact her here.

In California, courts consider several factors when deciding whether to grant early termination of probation to a defendant. A defendant's ability to petition for a modification of probation (which includes early termiantion of probation,) is goverened by Penal Code section 1203.3. The factors a court looks to when deciding whether to grant a defendant's request typically include:

1. Completion of Conditions: The defendant must have successfully completed all the terms of their probation, including paying fines, completing community service, attending classes or counseling sessions, and any other specific requirements imposed by the court.
   
2. Behavior and Compliance: The defendant's behavior and compliance with the terms of probation are crucial. This includes demonstrating good conduct, avoiding further legal trouble, and adhering to any specific probation rules set by the court.
   
3. Time Served: The amount of time the defendant has already served on probation is a consideration. Generally, a substantial portion of the probation period must have passed, but this can vary depending on the circumstances of the case.
   
4. Purpose of Probation: The court will assess whether the original goals of probation have been achieved. These goals typically include rehabilitation, punishment, and protection of the public. If these goals have been met ahead of schedule, it may support early termination.
   
5. Statements and Recommendations: The probation officer assigned to the case usually provides a report to the court assessing the defendant's progress. Positive recommendations from the probation officer can significantly influence the court's decision.
   
6. Victim's Input: In cases involving victims, their input may be considered by the court. The victim's stance on early termination can be influential, especially in cases where restitution or other victim-related conditions were part of the probation.
   
7. Attorney's Arguments: The defendant's attorney can present arguments supporting early termination based on the defendant's rehabilitation, compliance, and any other relevant factors.
   
8. Circumstances of the Offense: The nature and circumstances of the original offense may also be considered. Less serious offenses or offenses where the defendant has shown exceptional rehabilitation efforts may weigh in favor of early termination.
   
9. Community Impact: The impact on the community and public safety is also assessed. The court will consider whether early termination would pose a risk to public safety or if it would benefit the community.
   
10. Interest of Justice: Ultimately, the court will evaluate whether early termination serves the interest of justice. This involves balancing the defendant's rehabilitation and the need for punishment with public safety and the integrity of the judicial system.
    

These factors are considered on a case-by-case basis, and the decision to grant early termination of probation rests with the judge overseeing the case.

Of course, there are certain conditions, established in enal Code section 1203.3, which prohibit a person from making a request. 

If you are currently on probation, and have had a change in life circumstances which is now rendering the fact that you're having to serve a probationary sentence difficult, reach out to Devina to see if she can help you demonstrate you've earned an early release from probation.

The DMV has a lot of power to suspend your driver's license if they believe you are unfit to safely operate a motor vehicle. In most cases, after they have notified you that they've already suspended your license, you will need to request a re-evaluation hearing. At that hearing, one of the most important pieces of evidence the DMV will consider comes from your doctor. This article explains what kind of information your doctor will be asked to evaluate for the DMV, via the State’s DS 326 Medical Examination Report (also known as the Medical Evaluation Form), 
 
1. Personal Information
The form begins with basic information about the patient, such as:

• Name, address, and date of birth
• Driver’s license number (if applicable)
• The date of the examination This information is necessary to ensure the medical report is matched to the correct driver’s record.

2. Medical History
The doctor reviews the patient’s medical history to identify any past or ongoing conditions that could impair the driver’s ability to safely operate a vehicle. This includes:

• Chronic or serious health conditions (e.g., diabetes, heart disease, epilepsy)
• Past surgeries or treatments that may impact motor skills, cognitive function, or alertness.
• Medications being taken, including any that could cause drowsiness, dizziness, or affect the person’s ability to focus while driving (e.g., sedatives, antidepressants).

3. Neurological and Cognitive Function
The doctor assesses whether the patient has any neurological or cognitive disorders that could impact their driving. This includes:

• Seizures or history of epilepsy: If the driver has had any seizures, the doctor will document the frequency and whether they are under control with medication or treatment. The DMV often requires a person with epilepsy to be seizure-free for a certain period before being considered fit to drive (usually 3 to 6 months).
• Stroke or TIA (Transient Ischemic Attack): If the patient has had a stroke or mini-stroke, the doctor must evaluate whether the patient’s motor functions, speech, or cognitive abilities have been impaired.
• Dementia, Alzheimer’s disease, or other cognitive impairments: The doctor will assess whether these conditions have progressed to the point where the driver’s judgment, reaction time, or ability to focus may be compromised.

4. Vision and Hearing
The doctor assesses the driver’s vision and hearing to ensure that both meet the DMV’s standards for safe driving. This includes:

• Visual acuity: The DMV requires a minimum visual acuity of 20/40 in at least one eye, with or without corrective lenses.
• Peripheral vision: The doctor checks the driver’s side vision (also known as field of vision) to ensure that the driver can detect hazards from the sides.
• Color vision: The driver’s ability to differentiate traffic lights and signs based on color is also considered.
• Hearing: The ability to hear sirens, horns, and other auditory signals that are important for driving safely.

5. Cardiovascular Function
The doctor assesses whether the patient’s cardiovascular health poses a risk to safe driving:

• Heart conditions: This includes evaluating whether the patient has a history of heart attacks, arrhythmias (irregular heartbeats), or other significant heart conditions. The doctor must determine whether the driver has been medically cleared to drive, particularly in cases of fainting or dizziness that might occur while driving.
• Blood pressure: Uncontrolled hypertension (high blood pressure) or conditions like heart failure could lead to sudden dizziness or blackouts, which would impair driving ability.

6. Musculoskeletal and Motor Function
The doctor evaluates the patient’s motor skills, strength, and coordination:

• Motor impairments: Conditions like arthritis, multiple sclerosis, or Parkinson’s disease can impair the driver’s ability to operate the steering wheel, brake, or accelerator. The doctor must assess whether the individual can maintain physical control of the vehicle.
• Movement and reaction time: If the patient has tremors, limited range of motion, or difficulty with fine motor control, the doctor will note how these impairments could affect the person’s ability to drive.

7. Psychiatric and Mental Health
The doctor assesses the driver’s mental health to determine whether any psychiatric conditions could impair their judgment or driving ability:

• Cognitive ability: The doctor considers the individual’s ability to process information, make decisions quickly, and react appropriately to unexpected events.
• Psychiatric disorders: If the patient has conditions like depression, anxiety, schizophrenia, or other psychiatric disorders, the doctor will evaluate whether these conditions are under control and do not pose a risk while driving. For example, a person experiencing severe depression might have impaired concentration or be prone to sudden fatigue, which could affect driving ability.

8. Substance Use and Medication
The doctor examines the patient’s use of substances (prescribed and non-prescribed) that may affect their ability to drive safely:

• Prescription medications: Some medications can cause side effects like drowsiness, dizziness, or delayed reaction time. The doctor will assess whether the prescribed medications are impacting the patient’s ability to drive safely.
• Alcohol and drugs: If the doctor is aware of alcohol or drug use (legal or illegal), they must consider whether it is affecting the driver’s physical or cognitive abilities. Substance use disorders may also be considered in cases where the individual’s driving is potentially impaired.

9. Recommendations
Based on the assessment of the above factors, the doctor will provide their recommendations to the DMV. The doctor can:

• Clear the driver: If the doctor believes that the driver is medically fit to drive, they will indicate that the individual is capable of operating a vehicle safely.
• Recommend restrictions: If the doctor believes the driver can drive but only under certain conditions (e.g., only during the day, with corrective lenses, or on certain routes), they will specify these restrictions.
• Suggest suspension or further evaluation: If the doctor believes the driver is not medically fit to drive, they may recommend that the individual be temporarily or permanently disqualified from driving until further evaluation or treatment is completed.

10. Doctor’s Signature
Finally, the doctor signs and dates the form to certify that the medical evaluation has been completed and that the information provided is accurate.
In summary, the DMV DS 326 Medical Examination Report is a comprehensive assessment of a person’s health and medical conditions that may affect their ability to drive safely. By evaluating factors such as neurological and cognitive function, vision, cardiovascular health, musculoskeletal ability, and psychiatric stability, the doctor helps the DMV determine whether a driver should maintain, restrict, or lose their driving privileges for medical reasons. The doctor’s professional judgment, based on the patient’s specific medical history and current condition, plays a key role in this important decision-making process.

Phishing is a form of cybercrime where attackers use deceptive techniques to trick individuals into revealing sensitive information such as passwords, credit card numbers, or personal data. This type of attack typically involves impersonating a trustworthy entity—such as a bank, government agency, or reputable company—through email, text messages, or malicious websites. The goal is to manipulate recipients into taking actions that benefit the attacker, such as clicking on malicious links, downloading harmful attachments, or divulging confidential information.
Understanding Phishing TechniquesPhishing attacks can vary widely in sophistication and approach, but they generally rely on exploiting human psychology and trust. Here are common techniques used in phishing:

1. Email Spoofing: Attackers forge the sender's email address to appear as if it's coming from a legitimate source. This could be a well-known company or someone you trust.
   
2. Deceptive Links: Phishing emails often contain links that appear genuine but actually redirect to malicious websites designed to steal your information or install malware on your device.
   
3. Malicious Attachments: Emails may include attachments (e.g., PDFs, Word documents) that contain malware. Opening these files could compromise your computer or network.
   
4. Urgency or Threats: Phishing emails often create a sense of urgency or fear to prompt quick action. For example, claiming your account will be closed unless you verify your information immediately.
   
5. Spear Phishing: Targeted attacks that personalize phishing attempts based on information about the victim, making the communication seem more legitimate.
   

How to Recognize and Avoid Phishing AttacksRecognizing phishing attempts is crucial to protecting yourself and your sensitive information. Here’s how to identify and avoid falling victim to phishing:

1. Verify the Sender: Check the sender's email address carefully. Beware of slight variations or misspellings in domain names that make the email address appear legitimate at first glance.
   
2. Think Before You Click: Hover over links in emails to see the actual URL they point to. If the link address looks suspicious or doesn’t match the purported destination, do not click on it.
   
3. Be Wary of Urgency: Phishing emails often create a sense of urgency to trick you into acting quickly without thinking. Take your time to assess the legitimacy of the request.
   
4. Verify Requests for Information: Legitimate organizations typically do not request sensitive information (e.g., passwords, credit card numbers) via email or text message. Contact the organization directly through official channels to verify the request.
   
5. Keep Software Updated: Ensure your operating system, antivirus software, and web browsers are regularly updated with the latest security patches to protect against known vulnerabilities.
   
6. Use Two-Factor Authentication: Enable two-factor authentication (2FA) whenever possible. Even if your password is compromised, 2FA adds an extra layer of security.
   
7. Educate Yourself and Others: Stay informed about the latest phishing techniques and educate colleagues, friends, and family members about the importance of cybersecurity practices.
   

Steps to Take if You Suspect a Phishing AttemptIf you suspect you have received a phishing email or clicked on a malicious link:

1. Do Not Panic: Remain calm and avoid taking any further action that could compromise your security.
   
2. Disconnect: If you clicked on a suspicious link or downloaded an attachment, disconnect your device from the internet to prevent further potential harm.
   
3. Scan for Malware: Use antivirus software to scan your device for malware and follow any recommended actions to remove it.
   
4. Change Passwords: If you entered sensitive information such as passwords, immediately change those passwords on all affected accounts. Use strong, unique passwords for each account.
   
5. Report the Incident: Report phishing attempts to the organization being impersonated (e.g., your bank, email provider) and consider reporting it to relevant authorities or cybersecurity agencies.
   

ConclusionPhishing remains a prevalent and evolving threat in the digital landscape. By understanding how phishing works, recognizing common tactics, and following best practices to protect your information, you can significantly reduce the risk of falling victim to these attacks. Vigilance, skepticism towards unsolicited requests, and ongoing education about cybersecurity are essential for safeguarding personal and sensitive information in today’s interconnected world. By taking proactive steps to secure your digital presence, you can mitigate the impact of phishing attempts and contribute to a safer online environment for yourself and others.