Criminal Law Immigrant/car accident

[Aliciafr]

If an immigrant gets into a car accident and the car accident was not his fault, Can he get someone to defend him in court? An immigrant acquaintance was struck by a drunk driver. He was not at fault to the accident but since he did not have a state license they charged all the blame to him. Can he get a lawyer or is case done. Just think it was unfair for him to get blamed for all just because he did not know English to defend himself and because he did not have a license. Any input would be great appreciated.

 

[Proserpina]

Has he been charged with anything?

Why was he driving without a license?

 

[army judge]

If an immigrant gets into a car accident and the car accident was not his fault, Can he get someone to defend him in court? An immigrant acquaintance was struck by a drunk driver. He was not at fault to the accident but since he did not have a state license they charged all the blame to him. Can he get a lawyer or is case done. Just think it was unfair for him to get blamed for all just because he did not know English to defend himself and because he did not have a license. Any input would be great appreciated.

The brilliance of our founders is on display in court rooms all over our nation.

An illegal alien will be afforded the same protections as a citizen.

We are all equal under the law.

Yes, an immigrant is entitles to a lawyer.

He can hire his own lawyer, or ask for court appointed representation (if he's unable to afford one).

He has no valid defense for NOT possessing a drivers license.

That is a strict liability crime.

Whether he was licensed or not, does not mean he is guilty.

He possesses the presumption of innocence as do we all.

He will have his day in court.

 

[Aliciafr]

He did not have a license because he is an immigrant. the car was insured though. He was given three tickets, was put in jail, and has court day in Aug. One for the license, the other for not making a stop which was not true. The other driver was the one that did not make the stop. And the last ticket I am not sure about. It was a brief conversation so I do not have all of the details.

 

[mightymoose]

I am assuming you mean that your friend is an illegal immigrant? If the friend is legally present then there are no concerns at all. If not legally present, naturally there are concerns about making appearances in court, but he/she is certainly entitled to legal counsel.
The issue at hand is regarding driver license status, not immigration status.
There really isn't much of a defense for driving without a license. He/she will be looking at some stiff financial penalties.