DUI Criminal Defense Attorneys

Although you typically seek out to find an attorney to defend you whether innocent or guilty, it may difficult to make the decision to tell your attorney everything about your case. Only because you do not know the law, which is likely why you need an attorney in the first place, and your main focus is to not be incriminated. There is always a way for a good and experienced attorney to successfully defend you. There are some benefits to telling your lawyer everything they need to know, while there may also be some things that are detrimental to your defense. Here are some assets and liabilities of telling your attorney the whole truth and nothing but the truth:

When your attorney knows all the facts of your case, he or she is able to craft the perfect strategy for your defense. It helps for attorneys to know all the details of your situation. Just because you may be guilty, does not mean your case cannot be won or dismissed by a knowledgeable attorney. As long as he or she is fully aware of anything that may hinder your defense, there is a chance for you. Because you do not know the law, there may be details that you do not see as pertinent to your defense, when it could make all of the difference in your case. With all of the information related to your case, your attorney may have the courts accept a plea or even negotiate a lighter sentence based on certain justifications. The possibilities are not as limited as they would be if your attorney was in the dark about the facts of the case. Your attorney cannot be as effective in his work if he has only partial details.

Do also remember, as a legal professional, your attorney cannot share any information you release to him or her, without your permission. Much like medical professionals and HIPAA laws, you are protected by your attorney-client privilege. There are a few instances where this is exempt:

Of course, the attorney was given your permission and you waived your right to privilege.

Based on your attorney’s judgment, the information that you share leads them to believe that another crime may be committed.

The truth is not always pretty, or easy to accept so there are naturally disadvantages to telling your attorney your full story. Unfortunately, once the attorney is made aware, he or she will not be able to allow you to testify knowing there is a possibility you may not be honest on the stand. These factors will normally cause an attorney to withdraw from your case and force you to find someone else to represent you. Often times an attorney may see that there is a conflict of interest or the details of your case are just unethical. This is the risks you take when you tell your attorney the truth but the benefits of being honest are far greater than the disadvantages.

It is in your best interest to tell your attorney all the facts and details of your case, and if they recuse themselves, there are other experienced and trusted criminal defense attorney’s, like a Decatur criminal lawyer, that will have your best interest in mind and fight for you.

 

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Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into criminal defense practice.

If a police officer has contacted you requesting to interview you in a criminal investigation, that can be a very intimidating and scary situation. You might feel like you are obligated to speak to the police officer, and at times they can definitely make it sound like you don’t have a choice but to talk to them. You might think that you can talk your way out of whatever they are investigating, or that if you don’t talk to the police officer that they will think that you are guilty of a crime.

It is very important that you resist the urge to speak to the police officer. Whether you are guilty of a crime, or completely innocent, it is never a good idea to speak to a police officer who suspects that you are involved in criminal activity. Nothing good can come from speaking to the police. They want to talk to you because they believe that you have done something wrong. The questions they ask are intended to give confirmation to their suspicion, and no matter what your answers are, they will twist what you say to fit their theory that you committed the crime.

Even when you are protesting your innocence, your statements can help the police to convict you. For example, let’s say someone accuses you of a crime, but all the police have is their statement that you committed the crime. There isn’t any other evidence to corroborate what the accuser is saying. The police have no real way to know whether or not the accuser is credible. Then, you give an interview to the police. You deny committing the crime. However, you tell the police where you were on the day of the crime, who you were with, what you were wearing, and what you were driving. All of those details, while innocent and not proof of a crime, match the description given to the police by your accuser. Suddenly, your own statements have given credibility to the accuser’s story, corroborating facts that the police may have had no other way to independently corroborate. And you find yourself charged with a crime.

Furthermore, if you are guilty of a crime, the police might tell you that the prosecutor will treat you better if you cooperate and confess to the crime. This simply is not true. It’s a lie that they will tell you in order to coerce you to confess. To be clear, you should never lie to the police about your involvement in a crime. You simply should not say anything at all. If you are guilty, good plea bargains come about not because you cooperated and confessed to the police, but because the government does not have a confession from you and they are unsure whether or not they will be able to prove their case at a trial. Don’t give the government the information that they need to ensure a conviction, because they will not reward you for it.

If you have been contacted by the police for an interview, the only thing that you should ever say to them is that you do not want to speak to them without a lawyer present. Then, consult with and hire a lawyer, like a criminal lawyer Greenville, MI relies on,  immediately. Let them run interference with the police so that you don’t have to continually refuse to make a statement. But under no circumstances should you speak to the police in a criminal investigation.

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Thanks to our friends and contributors from Blanchard Law for their insight into criminal defense.

 

 

Drinking and driving can lead to a myriad of fines and penalties, including community service, license suspension, and sometimes even jail time. However, if you are caught drinking and driving while having an underage passenger in your car, you could also receive additional charges for drunk driving child endangerment. If you are being faced with a drunk driving child endangerment charge, you should have a criminal defense attorney on your side.

Child Endangerment

Child endangerment is either an offense or an added penalty to a charge when a minor is endangered. These laws were created to protect children from a wrongdoing by their parent or guardian. These laws make it a crime to put a child’s health or life in danger due to their parent or guardian’s indifference or recklessness.

The courts take child endangerment charges very seriously and it is not likely for them to be lenient on penalties, especially in any case where a judge believes the child could continue to be at risk or neglected. These child endangerment charges could result in losing their parental custodial rights.

DUI with a Minor Penalties

Over half of all states in the country have created laws that directly relate to child endangerment while driving impaired because of the influence of drugs or alcohol. The penalties of these charges typically depend on:

• Where the incident took place
• How old the minor passenger is
• How old the driver is
• How seere the passenger’s injuries are
• How many previous offenses the driver has committed similar to this

The penalties for a DUI with child endangerment charge can include:

• Jail time
• Probation
• Community service
• Hefty fines
• Suspension of license
• Revocation of license

These penalties tend to vary by state, however, a few examples include:

 

• California:

 

• If the passenger in the car is under 14 years old, California will increase the normal DUI penalties by adding 48 hours of jail time for a first offense and for multiple offenses, up to 90 days.

 

• Florida:

 

• In Florida, if the passenger is under 18 years old, a first offense DUI will be increased by a fine of up to $2,000 and 9 months in jail. For multiple offenses, the fine will be up to $4,000 and they can spend up to a year in jail.

 

• Illinois:

 

• If the passenger is under 16 years old, the existing DUI penalties will be increased to a mandatory jail time between 2 days and 6 months for a first offense and between 3 months and 3 years for multiple offenses.

It is worth mentioning that these penalties are only for DUI offenses that don’t involve an injury. If there are injuries involved in the incident, the penalties will be more severe.

If you have been charged with a DUI with a minor in your car, it is important to speak to a criminal defense attorney. An experienced DUI lawyer Fairfax, VA trusts will be able to inform you of your rights, defenses, and help you know what to expect throughout the process.

 

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Thank you to our friends and contributors at Dave Albo – Attorney for their insight into criminal defense and DUI charges.

As a restaurant owner, you provide your patrons with a relaxing atmosphere where they can escape from the chaos of their world and relax with food and drink. Your establishment serves alcohol and one day you learn that a patron was in a drunk driving accident after leaving your restaurant. Would you be liable for any of the damages caused by the drunk driver? Are you familiar with the laws that protect you as a restaurant owner? This post will help break down these laws so you can know what you can and cannot be liable for in this type of situation. You may also want to consider working with a business litigation lawyer Memphis, TN turns to in order to ensure you’re covered.

Dram Shop Law

All states have a dram shop law. This law means that if a bar or restaurant owner serves alcohol to someone who is clearly drunk or intoxicated and who then injures someone else as a result of their drunkenness, the restaurant can be liable for the injuries. It is imperative that the defendant provide evidence that proves that the restaurant knew this person was severely intoxicated and dangerous to others and yet still continued to serve them alcohol.

First-Party Dram Shop vs. Third-Party Dram Shop Cases

First party dram shop cases involve the person who was directly being served by the restaurant owner. For example, if the person who was drinking gets into an accident and only injures themselves, they could sue the restaurant using a first-party dram shop case. These cases are extremely hard to win since they would need to prove to the jury that they were somehow not responsible for their actions. However, if the case involves a restaurant serving a minor alcohol and that minor is injured as a result, a jury could hold the restaurant responsible for serving someone who is underage.

Third-party dram shop cases are when the person who is injured was not the person who was drinking. For example, if someone is hit by a drunk driver and is injured as a result, they could file a third-party dram case against the restaurant.

The defendant will need to prove that the restaurant owner was negligent – that they knew that the person they were serving was intoxicated and yet continued to serve them alcohol. Other examples of negligence include not checking IDs for minors, serving drinks after the restaurant is closed, serving someone an excessive amount of alcohol at one time, etc.

If the defendant is able to prove the restaurant was negligent, they could be awarded up to $250,000 in damages.

How to prevent a dram shop case

As a restaurant owner, there are things you can do to help your case if you are ever in the situation where someone files a lawsuit against your bar.

• You can regularly send your employees to a server education course. This shows that you care about the safety of both your servers and your customers.
• Encourage your customers not to get intoxicated by offering them non alcoholic beverage alternatives.
• If your employees see someone who is intoxicated, offer to call them a taxi or encourage them to take an Uber or Lyft home.

While many people can try to blame the restaurant or bar for the drunken behavior, there are many things you can do as a restaurant owner to prevent any lawsuits from happening. Make sure you hire good employees and strictly enforce your alcohol rules to keep both your restaurant and your customers safe.

 

 

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Thank you to our friends and contributors at Patterson Bray, for their knowledge about business law and drunk drivers.

In United States law, there are two types of negligence – civil negligence and criminal negligence. Civil negligence is when an individual sustains injuries because of the reckless or carelessness of another party. Typically, a person is deemed negligent in civil court when their actions or behavior are less reasonable than what an average person’s actions or behavior would under similar circumstances.

Criminal negligence is much more serious. In order to be found guilty of criminal negligence, there must have been a deep departure of the actions or behavior of the way an average person would have reacted. There must also be a significant degree of responsibility on the part of the individual being prosecuted.

In order for an individual to be prosecuted for criminal negligence, it must be shown that he or she had a legal duty to act. If there was not a legal duty, then there was no criminal negligence. Take a car accident, for example. The majority of crashes are caused by inattention, error in judgment, or careless on the part of the at-fault driver. These are not acts that would qualify as criminal negligence.

In order to find an individual guilty of criminal negligence, the beyond a reasonable doubt standard must be proven by the prosecution. This means that the jury agrees that the evidence shows that there is no other explanation other than the defendant is guilty of criminally negligent.

Defenses to Charges of Criminal Negligence

When a person is charged with criminal negligence, their criminal defense attorney will evaluate the case and determine what type of defense they will argue against the prosecutor based on the circumstances and evidence in the case. The following are some of the major defenses that an attorney may argue on their client’s behalf:

No Legal Duty: If the defendant had no legal duty of care to the victim to either provide something or not do something, they cannot be held criminally negligent.

Accident or Error: If the defendant proves that their action was the result of an error on their part or an accident, they may not be found criminally negligent.

Reasonable Care: If the defendant proves they exercised reasonable care trying to avoid injuring the victim, they may not be found criminally negligent.

Involuntary Intoxication: If the defendant can prove they were under the influence of alcohol or drugs – but it was without their knowledge – they may not be found criminally negligent.

Let a Criminal Defense Attorney Protect Your Rights

If you have are facing charges of criminal negligence, you should consider seeking the counsel of a skilled lawyer who is familiar with criminal defense in DC to fight for your rights and defend you against these charges.

 

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Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their knowledge about criminal defense and negligence.

 

As a motorcycle enthusiast, regardless of the precautions, you could be at risk of being injured. What’s worse, is when a person gets behind the wheel after drinking too much, their inhibitions are lowered, putting you at greater risk for an accident. The injuries you surely suffered can have a lasting impact on the life you once knew. You will want to ensure that you retain an attorney when filing an insurance claim to collect damages.

 

Filing an Insurance Claim

Depending on your specific case, an attorney may recommend that you first pursue an insurance claim for your motorcycle accident. In some cases, insurance claims can be more attractive because you may be able to settle your case quickly. You will want to be sure that you consult with an attorney prior to do so. Not only can they help you obtain the compensation you deserve, you may increase your chances of negotiating the settlement you deserve. Once you file a claim with the driver’s insurance company, and insurance adjuster will set out to investigate your case and determine their level of responsibility. Your attorney may be able to take the lead in ensuring that all of the proper paperwork has been filed. They will also be vital in helping to discuss your case and the reasons you are entitled to compensation for the damages you have suffered. Perhaps the most important aspect to an insurance claim are the negotiations that occur. Your attorney will play an indispensable role in making sure that your settlement is maximized.  

 

Collecting Punitive Damages

If your case ultimately transpires into a lawsuit, you may be entitled to punitive damages. Punitive damages are not awarded in every motorcycle accident case. They are a way of regaining what you have lost as a result of the accident. In addition, they are a way of punishing the person responsible financially. An award that includes punitive damages usually provides accident victims with a substantial amount of money. Depending upon the state in which you live, the amount you could be awarded for punitive damages can vary.

 

Consequences of a DUI

Driving under the influence can have an impact on a number of people who come into contact with the driver who was drinking. A drunk driver can impact not only the victim(s) of the accident but their family’s as well. Depending on whether or not this is the driver’s first charge, they will be facing serious consequences. Examples of consequences a drunk driver may be faced with include:

 

First Offense DUI

Jail Time

Fines that can increase depending on the details

Loss of Licence

Probation

Alcohol Education Classes

 

In addition to the above offenses there are a number of other ways the at fault party may be impacted:

 

• Carry the guilt of their actions and the harm they have caused
• Obtain a criminal charge that remains on their record. If someone was injured or killed as a result you could pick up additional charges.
• You may lose your job or have difficulty obtaining employment

 

Being hit by a drunk driver can yield disastrous results. If you have been injured while riding a motorcycle, chances are the victim has suffered.

 

An accident at the hands of a negligent driver is painful enough, when injured by a driver who was under the influence of drugs or alcohol it can be anger inducing. You will want the person who has caused your suffering to pay for the pain they have caused. An attorney can help you take the appropriate steps towards the compensation you deserve. A number of attorneys offer complimentary consultations, contact an auto accident lawyer to schedule yours today.

 

 

No one plans to be arrested for drunk driving. It can be an embarrassing and potentially expensive process. However, it doesn’t have to be the end of the world and in some cases, it doesn’t even have to result in a drunk driving conviction. Here are the top five actions you should take if you’ve been charged with drunk driving:

1.     Hire an attorney immediately.

Many times, the police make mistakes that might lead to your drunk driving offense being dismissed, reduced, or resulting in an acquittal at a jury trial. Often, however, those mistakes are only discoverable because evidence of those mistakes is contained on video. Some police departments have a policy of destroying or writing over videos after a relatively short period of time. So, it is important that you contact and hire an attorney as soon as possible after your arrest so that they can obtain all of the evidence before it has been destroyed.

2.     Get treatment if you need it.

Many times, an arrest for a drunk driving offense can be a wake-up call to an alcohol problem. Sometimes, it was just a one-time mistake for a casual drinker. You need to figure out, being honest with yourself, which it is for you. Your bond conditions are going to require that you abstain from the use of alcohol and other controlled substances while the case is pending. If you can’t do that, the court will put you in jail until the case has been resolved. If you need help to abstain from the use of alcohol, now is the time to seek treatment.

3.     Talk to your attorney about the consequences, and be prepared.

Drunk driving convictions can carry serious consequences, including jail time, fines and court costs, driver’s license sanctions, and increased insurance prices. Discuss with your attorney what is likely to happen given the prosecutor and judge assigned to your case, and how best to minimize the consequences. You don’t want to wait until a potential sentencing is approaching to start doing the things you need to do to prevent bad things from happening.

4.     Think long-term.

When you explore what to do in your case, you should consider both the long-term and short-term consequences when you make your decision about how to move forward. Many people make short-sighted decisions in order to avoid short-term consequences, making the long-term consequences worse. Talk these things through with your lawyer,  like a criminal defense lawyer Grand Rapids, MI trusts, and make sure you are making the best decision for you, long-term.

5.     Don’t be afraid to take an appropriate risk.

Often, the difference between a drunk driving offense and an impaired driving offense is minimal. If you’re only getting a minimal benefit from a plea offer, don’t be afraid to tell your lawyer that you want to take your case to a jury trial. Even if winning at trial is a long-shot, it is often worth the risk. If you do win, that is a big reward that will help you avoid some significant consequences.

 

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Thanks to our friends and contributors from Blanchard Law for their insight into criminal defense.