What legal knowledge should new immigrants who successfully immigrate to the United States be aware of? The immigration experts at WorldWay provide a detailed introduction as follows:
1. In case of a car accident, do not easily admit fault.
What should you do if you are involved in a car accident in the United States? Here are some lawyer's suggestions:
1. Do not settle privately. If you are injured in a car accident, the law requires you to report it to the police. Even if the injury is minor, you should still report it; you can report it after the fact, but do not settle privately.
2. Remember to get a medical check-up. Some injuries may not be immediately apparent and may show up later. If you say you are fine, the police may write in the report that you were not injured, which could be detrimental to you. Therefore, it is essential to undergo a comprehensive medical examination.
3. Be careful with every word you say. It is often said that a car accident involves two vehicles. While most of the fault may lie with you, the other party may also share some fault. Regardless of whether you are 90% or 10% at fault, do not take all the blame upon yourself.
4. Preserve all evidence. Keeping evidence will be beneficial for any future legal proceedings. Try to gather as much information as possible about the other driver, including their name, address, and insurance company. If you have a mobile phone, take pictures of the scene, as they may be useful later.
5. Do not discuss the details of the accident with anyone except your lawyer. You may receive calls from the other party's insurance company or your own, and while they may seem friendly and persuasive, do not discuss the accident with them, as you may unknowingly fall into a trap.
6. Do not sign any agreements with the insurance company without your lawyer present. Do not lose out on a larger compensation that you may be entitled to.
7. Do not sign any agreements with the other driver. If the other vehicle merely brushed against yours and the driver offers you $150 to settle the matter, you can take the money to repair your vehicle, but do not sign any agreements.
8. If possible, purchase "uninsured" or "underinsured" motorist insurance (UM/UIM). New York State requires vehicle owners to purchase insurance of at least $25,000. Lawyers recommend adding UM (or UIM) coverage, which allows you to claim compensation if the driver who hits you is uninsured or underinsured. If you are married, you can also purchase "spousal insurance." If both spouses are in the car and one is driving and gets into an accident, the injured spouse can sue the driver's insurance company for compensation.
9. MVAIC (Motor Vehicle Accident Indemnification Corporation). If the driver who hits you is uninsured or flees the scene, and you do not have a car at home, you can apply for MVAIC if you are injured.
2. If you face criminal charges, proceed with caution.
You may be a well-educated, law-abiding citizen, but you could inadvertently find yourself facing criminal charges: for example, forgetting to pay for items while shopping; taking a piece of stationery from a lab without thinking; or confronting someone in a dormitory after a breakup and saying things in anger... These seemingly trivial matters could lead to unexpected trouble, even criminal charges. If you unfortunately become involved in a criminal case, what legal issues should you be aware of?
1. The police do not listen to explanations; they only arrest.
In the United States, the police do not care who is right or wrong; they only arrest individuals and will not listen to explanations. Explanations must be made before a judge.
2. Be cautious with your statements to the police.
If the police take you to the station for questioning, they may ask you to write down what happened and then ask you to sign it. Often, individuals from China sign without reading carefully, which can be detrimental to them.
Lawyers advise: after being arrested, remain silent; the more you say, the more mistakes you may make, and once it becomes a statement, it is difficult to retract; do not defend yourself, as you are not a lawyer and may easily fall into legal "traps."
3. If the police arrest you, do not resist.
You may believe you have not done anything illegal, but if the police are arresting you, arguing with them or refusing to be arrested will only add another charge: obstructing police enforcement.
4. The pros and cons of a public defender.
The advantage of a public defender is that you may save on legal fees, but public defenders often have many cases; they may have over 20 cases in one court appearance and may not even know your name. Additionally, some public defenders may not understand the Chinese language, leading to communication barriers.
5. Find a lawyer to negotiate with the prosecution.
After being arrested, you should find a lawyer to negotiate with the prosecution. Many lawyers are reluctant to take federal cases due to the abundance of resources available to the federal government, including the FBI and experts, which can put you at a disadvantage if you lack financial resources. First, do not speak too much; discuss your rights with your lawyer; second, do not easily plead guilty; third, do not run away. Some individuals have fled after being released on bail, including professors and students who fear their reputation will be affected. However, once a warrant is issued, it is networked nationwide, and you will be arrested at the airport as soon as you cross the border. Therefore, do not take the worst course of action, as it will have the greatest impact on your family.
3. What can the consulate do for you in times of difficulty?
Chinese citizens, whether overseas Chinese residing abroad or temporary travelers; whether residents from the mainland or compatriots from Hong Kong, Macao, and Taiwan, can receive consular protection from the Chinese government.
The nine things consular officials can do for you include: recommending lawyers, translators, and doctors; providing consultation and necessary assistance; visiting upon request; assisting in notifying relatives in China in special circumstances; contacting relatives in China and resolving necessary expenses; assisting in locating relatives; replacing, renewing, or issuing travel documents; issuing return certificates; and handling notarization, authentication, and marriage registration according to the law.
4. How to handle traffic accidents, work injuries, etc., while abroad?
You should immediately report to the local police or notify your employer and request that they inform your relatives or the Chinese embassy or consulate in that country. You can ask consular officials to urge the local authorities to punish the perpetrator or assist you in seeking compensation through legal means or from the insurance company (if you are insured).
5. What to do if you are victimized by criminals (including sexual harassment) while abroad?
You should immediately report to the local police and request a copy of the police report. You should also contact a lawyer or doctor (if medical attention is needed) and can report the situation to the Chinese embassy or consulate in the area. Consular officials can provide the following assistance: arrange for appropriate personnel (if there are gender requirements) to listen to your victimization and promise to protect your personal privacy; urge the police to solve the case as soon as possible; keep you informed of the case's progress; provide you with a list of lawyers and translators; recommend suitable hospitals; replace lost or damaged travel documents; assist you in contacting family, friends, or employers; and seek local community assistance. However, consular officials cannot investigate the case, represent you in court, act as translators, or pay your legal fees, medical expenses, or other related costs.
6. What to do if you are detained or imprisoned in your country of residence?
You have the right to request a meeting with consular officials from the Chinese embassy or consulate. Consular officials will visit you at your request and protect your legal rights, such as humane treatment and fair treatment. They can also help you contact family and friends and provide you with a list of local lawyers. However, consular officials cannot interfere with local legal procedures or represent you in litigation.
