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May 2, 2022 by matadoradmin Leave a Comment

Can a DUI Ruin the Rest of Your Life?

DUI Lawyer

If you are on the fence about working with a lawyer and fighting against your DUI charges, it is a good time to re-think your situation. There are many people who do not understand the impact that a DUI will have on their lives or they may believe that they already have traffic tickets on their record and that a DUI will simply be another thing to add to their driving record. It is extremely important to understand that a DUI is not merely a traffic ticket and when you go to court you will not be treated as if you got a traffic ticket. Instead, you will be facing serious criminal offenses that could impact where you are now and impact you for the rest of your life. When this is the case, it is a prudent decision to seek help from a law firm to see what your options are.

What if this is my first offense?

Many people who have never had a DUI on their records believe that a first offense is not that big of a deal. In fact, they may have more confidence to go to court and try to fight against these charges on their own. Whether this is your first offense or your second or third, it is wise to work with a lawyer, like a DUI lawyer from a law firm like the Morales Law Firm. If you choose not to work with a lawyer, you are more likely to get misdemeanor charges that lead you to have:

  •     Your vehicle impounded
  •     Your licenses suspended
  •     Your car insurance rates going up
  •     To take alcohol-related driving courses
  •     To switch careers or lose your job
  •     To spend time in jail

These are just a few of the ways that a DUI can affect you. Long-term, there are many downsides to having a DUI on your record. If you are hoping to go back to school (or if you need to go back to school to switch careers because a DUI on your record got you fired), then you may quickly find out that some schools do not accept students with a DUI on their record or that you do not have the opportunity for financial aid.

Being charged with a DUI can be scary and not knowing whether your life will permanently change forever can make this situation even worse. This is why one of the best things you can do when you are charged with a DUI is reach out to a legal team you rely on. If you have any questions or would like to speak with a lawyer who specializes in DUI cases, reach out to a local law firm now.  

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March 2, 2022 by matadoradmin Leave a Comment

Hidden Consequences of a DWI

DWI Lawyer

Most people know that a DWI conviction can result in jail time and fines. However, the consequences of this conviction can affect your life long after you’ve served your sentence. Here are some of the hidden consequences of a DWI that you might not be aware about.

Difficulty Going to College

If you were looking to attend college to improve your career prospects, a DWI conviction could derail your plans. Colleges ask many questions on their applications and want to know about your work history, extracurricular activities and community involvement. Some schools may even conduct a criminal background check and reject students who have committed certain crimes.

Trouble Getting into the Military

Have you always wanted to serve your country by joining the military? Unfortunately, having a DWI conviction on your record could stand in your way. The military currently doesn’t individuals with DWI convictions. People with criminal records have difficulty obtaining security clearances and obtaining a license, which can make it difficult to serve in the armed forces. However, you may be able to get a DWI waived if it wasn’t a felony and nobody got injured.

Hurt Your Chances of Getting Child Custody

If you’re currently in the middle of a child custody battle with your ex-spouse, getting convicted of a DWI can make it more difficult to obtain custody. Your ex may argue that the conviction makes you an irresponsible parent. The family judge may frown upon the conviction and grant the other parent custody.

Lose Your Commercial Driving License

If you drive a commercial vehicle for a living, getting convicted of a DWI can impact your livelihood. The judge may suspend your CDL license, so you won’t be able to earn a living from that. You will have to get another type of job and reapply for your CDL license after you’ve completed your sentence.

Pay Higher Car Insurance Rates

With a DWI conviction on your record, you can expect your car insurance rates to go up significantly. Insurance companies consider those with DWI convictions high risk and charge them higher premiums to protect themselves.

Damage Personal Relationships

Some of your friends and family members may view you in a negative light after you get convicted of a DWI. They may start talking to you less frequently and stop inviting you to gatherings. This can be very hurtful.

If you’re facing a DWI charge, contact a DWI lawyer, like one from May Law, LLP.

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February 2, 2022 by matadoradmin Leave a Comment

 Do I Have to Appear in Court for My Speeding Ticket?

If a law enforcement officer gives you a speeding ticket and tells you that you will have to appear in court, believe what he or she tells you. Many courts have what are called mandatory court appearances for various types of traffic offenses.

While speeding is not generally one of them, each state, county and municipality sets its own court rules. Your jurisdiction could be one of those that require you to make a court appearance for a speeding ticket. In all likelihood, the officer who gave you the ticket knew what he or she was talking about.

How to Tell if You Must Go to Court

As a drunk driving lawyer in New Jersey from a firm like Rispoli & Borneo P.C. can explain, the ticket itself should also indicate whether you must appear in court.

Check it carefully. Does it show a court location, date and time? Does it fail to state a fine amount? Both of these strongly imply that you must appear in court. Your ticket should also show a court phone number. When in doubt, always call the court to verify if, when and where you must appear.

Mandatory Court Appearances

In general, the following types of tickets require a court appearance:

  • DUI
  • Driving on a revoked or suspended license
  • Driving without proper proof of insurance
  • Any ticket issued as the result of your being involved in an accident

Failure to Appear

If you fail to appear in court when you’re supposed to, the judge may issue a bench warrant for your arrest. If this is the case, you now face a failure to appear charge in addition to the charge(s) listed on the ticket the officer gave you. It also means that police officers have the authority to arrest you whenever and wherever they find you. The most likely scenario is that they will pull you over and arrest you someday when you’re driving down the street, even if you’re not doing anything else illegal at the time.

Keep in mind that the court’s computer system is linked with those of the city, county, sheriff’s department(s) and other municipalities in the area. When the judge issues the bench warrant, this information goes into the computer system, along with your license plate number. Consequently, a great number of officers are on the lookout for you and your vehicle.

Contacting an Attorney

Even if your ticket lists a fine amount that you can pay online or by mail without going to court, you should not do this without first consulting a local traffic ticket lawyer. If you pay your ticket, it’s the same thing as pleading guilty to the charges – and that’s not always the truth.

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December 14, 2021 by matadoradmin Leave a Comment

The Basic Classifications of Criminal Charges

Criminal Charges

There are three primary classifications of criminal offenses: infractions, misdemeanors, and felonies. Each of these offenses is categorized by the severity of the crime, with felonies being the most severe. While each state follows this basic classification system, the specific factors for each offense vary per state. 

Infractions

Infractions are considered petty crimes, which means they are the most minor criminal offenses you can be charged with. Instead of receiving jail time for an infraction, you will typically receive a fine. In most states, you will never have to attend court if you are charged with an infraction. However, if you fail to pay the fine by the given deadline, you may receive a greater charge. If you have many infractions, you can be charged with a misdemeanor or face jail time.

You may receive an infraction for committing the following crimes:

  • Violating noise ordinances
  • Running a stop sign
  • Speeding
  • Littering
  • Violating building codes
  • Failing to wear a seatbelt 

Misdemeanors

Misdemeanors are a step above infractions. States typically classify misdemeanors into subcategories, either Class 1-Class 4 or Class A-Class D. 

All Class 1 misdemeanors are the most severe and carry the most significant penalties. If you receive a misdemeanor charge, you may have to pay a fine, engage in community service, serve time in jail, or be put on probation. 

You may be charged with a misdemeanor for committing the following crimes:

  • Trespassing
  • Public intoxication
  • Vandalism
  • Harassment
  • Simple assault
  • Prostitution
  • Indecent exposure 

Felonies

Felonies are serious criminal offenses and come with severe penalties, which almost always include time in prison. A typical felony prison sentence may be anything ranging from a year to a life sentence without parole. In some cases, a convicted felon may face execution. 

Additionally, convicted felony offenders typically lose some of their civil rights, including the right to vote and to own a firearm. Felons are also not allowed to perform jury duty. Felony convictions are difficult to remove from your record, though they can be expunged in some cases.

You may be charged with a felony for committing the following crimes:

  • Drug violations
  • Rape
  • Aggravated assault
  • Arson
  • Murder

If you’ve been charged with a misdemeanor or a felony, contact a criminal justice lawyer for help. A lawyer can offer professional legal advice and represent you in court. In some cases, a criminal defense lawyer, like the attorneys at Tuttle Law, P.A., can get you a reduced sentence or help you prove your innocence. 

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November 3, 2021 by matadoradmin Leave a Comment

Do I Need a Lawyer if Both Spouses Agree on Everything?

Divorce Lawyer

If you think you don’t need a lawyer even if you and your spouse have an amicable separation, think again. While both of you may think you agree on everything and are capable of splitting your assets equally, you may be missing important factors that you could argue about down the road. As divorce lawyers from a firm like the Law Office of Daniel J. Wright can explain, hiring a divorce lawyer comes with some benefits that will make your divorce fair and easy.

Drafting Divorce Agreements

Splitting assets can make divorce messy. Even if you agree to split everything equally, there are many things you might miss when drafting an agreement, such as:

  • Agreeing to the upkeep and sale of the family home, such as repairs, renovations, and bills still owed
  • Addressing life insurance and death benefits
  • Sharing retirement accounts
  • Fairly dividing debt
  • Scheduling joint custody of children

Seeking the help of a divorce lawyer may make your former spouse anxious that your lawyer will push you into an unfair deal. However, most lawyers are just as willing to write equitable divorce agreements as they are adversarial ones. By approaching your lawyer with an idea of how you want to split your assets, you not only save time and energy, but you also save money as the hardest part of the divorce can be agreed upon fairly quickly.

Just remember: you and your spouse cannot share the same lawyer. Even though you may agree on everything, you’re still considered adversaries in the eyes of the law. It would be a conflict of interest to represent you both.

Signing a Fair Agreement

While you are welcome to draft your own settlement agreement, it would be in your best interest to get a lawyer to review it for any mistakes. A single missed word in an agreement or an asset overlooked could be the difference between an equitable divorce and an adversarial one. They can also help you understand what the future will look like for you with the settlement you and your former spouse have proposed. A divorce lawyer can also make sure that your agreement gets in front of a judge and is finalized, a situation that can be difficult if you’re dealing with your divorce without representation.

Keep in mind that the decisions you make in your divorce agreement now will affect you for the rest of your life. Having a divorce lawyer on your side will help make sure both you and your ex-spouse get the best outcome. Reach out to one today to see how they can help make this one of the easiest transitions in your life.

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May 17, 2021 by matadoradmin Leave a Comment

Who Can File a Lawsuit for a Brain Injury?

brain injury lawyerYour brain controls your entire body, from the way you think and move to the way you process your feelings and show your personality. If you or someone you love suffered a brain injury, you may experience a significant decline in quality of life. Medical bills, lack of income, and possible personality changes can all be quite overwhelming, but you may be able to get compensation.

Causes of a Traumatic Brain Injury

A traumatic brain injury occurs because of violent movement of the skull or a lack of oxygen to the brain. Many TBIs occur as the result of car accidents, medical malpractice, falls from heights, or accidents on construction jobs. Sports injuries and assault are also common culprits. Symptoms of sustaining a traumatic brain injury may be subtle or severe. They include headache, blurred vision, loss of balance and coordination, fatigue, or loss of consciousness. Over time, a TBI may lead to changes in memory, sensitivity to light, or changes in sleep patterns. Many times, an untreated TBI will lead to permanent mental, social, or physical impairment.

Filing a Traumatic Brain Injury Lawsuit

If you have suffered a traumatic brain injury that has changed your way of life, you may have ground for a lawsuit. You may also file a lawsuit on behalf of a family member who has suffered a severe TBI that led to permanent brain damage. Filing a lawsuit could help you receive compensation for medical expenses, lost income, cost of long-term care, and pain and suffering related to loss of quality of life. 

Proving a Traumatic Brain Injury for a Lawsuit

For your case to be taken seriously in court, you will need to prove several things during a traumatic brain injury lawsuit. First, you’ll need proof that the TBI was not a result of the injured person’s own recklessness. It must be clear that another party is at fault. You must also be able to prove that the other party’s actions or lack thereof are the reason for the TBI. Sometimes, everybody does everything right and accidents still happen, so be sure to consider the reasons why. Finally, if you plan to sue for compensation, the defendant will need to have insurance or assets that will cover the damages related to the lawsuit. 

If you decide that filing a traumatic brain injury lawsuit on behalf of yourself or a loved one is in your best interest, be sure to contact a lawyer first. An experienced brain injury lawyer like one from Ward & Ward Law Firm will know the best course of action to raise your chances of winning your case. 

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November 9, 2018 by admin Leave a Comment

Examples & Consequences of Reckless Driving

Criminal Defense Attorneys

Reckless driving may seem like a broad concept. In general, the definition of reckless driving includes when a driver is aware that he or she is operating the vehicle in a dangerous way, but continues to do so anyways without regard for the safety of others. Reckless driving may also be referred to as “careless driving” or “dangerous driving”. If you are facing a reckless driving conviction, we recommend seeking the representation of an attorney for assistance.

Many people may not be fully knowledgeable about what constitutes as reckless driving behavior. In this article to follow, we have covered examples of reckless driving, potential repercussions, and how an attorney can be of help to you during your legal proceedings.

Most Common Examples of Reckless Driving

There are many different ways in which a driver may commit reckless driving. In all of these behaviors, the driver is putting themselves and others in potential danger. Which driving actions are considered reckless depends on the state you live in. Overall, the most common examples of such unlawful driving can include:

  • Tailgating another vehicle
  • Speeding 25 MPH over the listed speed limit
  • Not using turn signals
  • Running street signs or traffic signals
  • Not yielding to the right of way of another car
  • Driving while drunk behind the wheel
  • Driving while distracted
  • Passing a vehicle by using the opposite lane on a two-lane highway
  • Trying to elude a police officer who pulled over the driver
  • Racing another vehicle on the street

Possible Consequences

For those who have been accused of reckless driving, may be nervous for the kind of repercussions they may face if convicted. Depending on their state, the driver who committed reckless driving may either receive a misdemeanor criminal offense or misdemeanor traffic offense. Each comes with possible consequences, including:

  • Financial penalties including fines of up to $2,500
  • The driver’s license being suspended
  • The driver having to serve jail time for a maximum of 1 year
  • The driver facing a probationary term
  • The driver now having a criminal record
  • Reckless driving conviction staying on record for 3 years

Insurance Rate Increase

If you are convicted of reckless driving, your insurance company may increase your monthly car insurance rates. You are likely to be viewed as a riskier driver and can endure steep premiums for ensuring your vehicle. You may want to contact your current insurance company and be honest about what is happening. If you are convicted of reckless driving, it can come as less of a surprise to your agent.

Seeking a Legal Professional

A criminal defense lawyer Rockville, MD relies on can offer sound advice and aggressive strategy during your trial. We can fight for your rights and speak up on your behalf. You should appoint an attorney that has experience working for criminal defense. A reckless driving accusation is a very serious offense, which can impact your future for many years to come. We understand that you may be really concerned about the consequences that come along with such a conviction. Let us help.

 


 

Thank you to our friends and contributors at The Law Office of Daniel J. Wright for their insight into reckless driving charges and criminal defense.

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October 7, 2018 by admin Leave a Comment

How to Tell If You’re Near A Drunk Driver And What to Do

DUI Criminal Defense Attorneys

Despites all the best efforts to discourage drinking and driving, intoxicated drivers still pose a great risk on the roads in the United States. According to the CDC, 28% of all traffic related deaths in 2016 involved an alcohol-impaired driver. Since drinking and driving is such a frequent occurrence, there is a chance you’ll encounter a drunk driver at some point in your life, as a car accident lawyer trusts knows well. Each driver should know how to tell if you’re near a drunk driver and what to do about it.

How to Tell if You’re Near a Drunk Driver

It is important to know the signs of a drunk driver versus the signs of a distracted/tired/just bad driver. Both the National Highway Traffic Safety Administration (NHTSA) and Mothers Against Drunk Driving (MADD) have compiled lists of clues indicating that a driver may be drunk, including the following:

  • Driving too slowly (10 or more mph below the posted speed limit)
  • Wildly varying speed
  • Making Abrupt or illegal turns
  • Weaving/crossing lane lines, straddling lane lines
  • Drifting in and out of traffic
  • Signaling that doesn’t match driving actions
  • Driving the wrong way
  • Slow response at traffic signals
  • Driving somewhere other than the road
  • Forgetting to turn on headlights
  • Tailgating
  • Nearly colliding with objects, the curb, or other vehicles

If you notice two or more of the above clues, it can be an indication that the driver is intoxicated. To keep yourself, your passengers, and others safe, follow the steps below.

What to Do

  1. Wear your seatbelt. Always.
  2. Stay Safe. Get as far away from the drunk driver as possible. If you can get off the road, even better. DO NOT attempt to pass the vehicle, follow the vehicle, or confront the driver.
  3. Gather Information. If possible, make note of the car’s following details:
  • License plate number
  • Make & Model
  • Color
  • Driver’s physical description

Do not place yourself or others in harm’s way to obtain this information. But if you can remember any of the above details, it may help the police locate the drunk driver quicker.

  1. Call the Police. Provide the police with as much information as possible. In addition to the details listed above, let the police know the following:
  • The street you are travelling on
  • The direction you are travelling in
  • The street the drunk driver is travelling on (if different from you)
  • The direction the drunk driver is travelling in (if different from you)
  • The intersection you are near
  • The behavioral clues observed that make you suspect a drunk driver

From here on out, let the police handle the potentially intoxicated driver. Your priority should always be your safety and the safety of the passengers in your vehicle.

If you or a loved one have been injured by an intoxicated driver, consult with an attorney to see what your options are. 

 


 

 

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September 20, 2018 by admin Leave a Comment

How you should dress for your hearing.

Everyone’s eyes are on you when you walk through those courtroom doors, start to finish. What you wear and how you choose to present yourself definitely matters, as a drug possession lawyer Arlington, TX trusts knows well. No matter what you are there for you want to show respect and that you are thanking the issue seriously. Dressing well can give you the step forward you may not have known you needed.

Keep it simple. Dressing well doesn’t mean a full-on suit and tie. A nice pair of slacks and a good looking dress shirt can go a long way. You want the judge and jury to see the best side of you possible. Showing up in jeans, and t-shirt could suggest that you are not serious about being there and make it difficult for you or your attorney represent you. In fact most courthouses will not let you in the courtroom if you appear in shorts. If you have tattoos keep them covered if you can. If you have piercings try to remember that less is more in a court situation, remove what you can especial face and neck piercings, gauges under zero should be removed larger than a zero skin toned gauges would be best.

        Although it might not seem like it needs to be said but being clean can also improve your court appearance. Take a shower the night or morning before your court date. Clean and iron your clothes. If you notice a stain on your shirt don’t wear it if you see it, they can too. If you can get your schedule a haircut before your court date, pick a nice and neatly groomed style. If you have long hair wear it up. Men should shave or trim your mustache and/or beards. Women should wear light and conservative make-up, and if you have polished nails wear a neutral color. It should go without saying but wear deodorant and if you know you perspire a lot bring a handkerchief to keep looking calm and confident.

        The thing to remember is that this is likely the first time the Judge and the jury are going to see you. First impressions mean everything in these situations if you are messy, casually dressed and not taking it seriously the judge and the jury will notice. What you are wearing cannot determine the overall outcome but, it can help your attorney present the best side of you. This and other factors can insure a better outcome than you might have otherwise received.    


 

Thank you to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into hearings and lawsuits.

 

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September 19, 2018 by admin Leave a Comment

Pro and Con of Telling Your Attorney the Whole Truth

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.

 


 

 

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

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