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. 

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.

Your 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. 

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.