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.

Many people get very nervous when they’re confronted by the police. They may worry about saying the wrong things or angering the police. While it can be a little scary to be questioned by the police, it’s best to stay calm in situations like these. Here are some things you should never say to the police:

“Yes, I’ll Allow You to Search My Vehicle”

To legally search your vehicle, police need probable cause or a warrant. However, if you tell the police it’s okay to search your car, these requirements can get thrown out the window. That’s why you should never give police consent to search your vehicle. If they search your care without your permission and don’t have a warrant or a probable cause, the evidence will be suppressed in court.

“I Only Had A Little Bit to Drink”

If police pull you over on suspicion of drinking and driving and you’ve had one or two cocktails, you might not think it is a big deal to tell them that. However, admitting to any drinking before getting behind the wheel may be enough for them to interrogate or investigate you further. If the police ask you if you were drinking and you were, you should tell them that you don’t wish to answer the question.

A Lie

Under no circumstances should you lie to a police officer. If you give a false statement, that may be considered an obstruction to justice and get you into legal trouble. If you don’t feel comfortable answering a question, just tell that to the police officer.

“I Did It”

During an interrogation, police will tell you just about anything to convince you to confess to a crime. They may even promise to get you a lighter sentence. Don’t believe any of this. Police don’t have any power over sentencing, so telling them you committed a crime won’t do you any good. If you do wish to plead guilty, you should do it later on with a criminal attorney present.

If you’re stuck on what to say to the police, DON’T SAY ANYTHING. If you remain silent, they won’t be able to use anything against you.

If you have been formally charged with a crime, you should consult with an experienced attorney, as soon as possible. A criminal charge is a serious matter and you want to have someone with knowledge and experience on your side. A lawyer can assess your case and advise you on the best way to proceed. He or she can determine if it’s best to take a plea deal or go to trial. If you decide to take your case to trial, your lawyer can help you gather important evidence, identify witnesses and prepare you for court.

Many criminal lawyers offer free initial consultations. To get your case moving in the right direction, schedule a meeting with a criminal lawyer today.

 

Drivers under the influence of alcohol or drugs are responsible for killing more than 10,000 people every year in the United States, according to the National Highway Traffic Safety Administration. In 2016, one person died every 50 minutes in car accidents caused by alcohol impairment. A skilled lawyer, like a personal injury lawyer trusts, will be all too aware of the statistics and of the tragedies caused by drivers who should never have been behind the wheel. If you lost a close family member to someone who was DWI, you may be able to get some measure of justice against them. Talk to a lawyer who can review the circumstances of the accident and determine if a wrongful death suit is a viable option.

What is a wrongful death suit?

A wrongful death suit is a form of civil litigation. Civil litigation consists of one party who files a lawsuit against another party. This is different from criminal proceedings in which the state or federal government pursues charges against an individual or company. When someone is found guilty of criminal charges, they are subject to imprisonment. When someone is found guilty in a wrongful death suit, they are subject to paying a monetary award to the plaintiff who is the party who initiated the lawsuit. The amount of the award is determined by a judge or jury, though the plaintiff’s lawyer can request a dollar figure.

Monetary Award

When you work with a lawyer, the monetary award request will be based on the damages you are suffering as a result of your loved one’s death. Damages in this context consist of monetary and non-monetary losses. However, your lawyer will have to place a dollar amount on the non-monetary losses in order for them to be considered as part of the damages award. This is a difficult thing to do, as how can a dollar amount be placed on the emotional loss of your loved one? A skilled attorney is cognizant of this fact, and takes a compassionate approach in determining what amount of compensation to request from the court. However, there are certain standards and precedents which your lawyer can explain to you, based on the unique circumstances of your case.

Damages in a Wrongful Death Suit

After a careful review of your case, your lawyer from our firm can itemize the losses you have experienced in light of your loved one’s passing. Common examples include:

• The loss of the deceased’s income if you were dependent on it for your cost of living, etc.
• Your emotional suffering, particularly if the victim was your spouse or minor child.
• All medical costs associated with treating your loved one before they passed.

Contact a Law Firm that Cares

If you lost a loved one due to the behavior of a DWI driver, talk to a lawyer who can meet with you at no charge to discuss your case.

Most people do not have to speak with an attorney on a daily basis.  Some people find it intimidating to speak with a lawyer under any circumstances.  Others only need to communicate with attorneys during extremely stressful times in their lives such as a divorce, in the aftermath of a death or serious injury, or when a loved one is facing criminal charges.  Needless to say, these are some of the most taxing experiences a person can face and when the added confusion of legal jargon is added to the mix it can be very difficult to know what to expect. The following is a basic description of what you can expect when speaking to a lawyer, like a Decatur criminal attorney.

There is such a thing as attorney/client privilege.  Generally speaking, it is a privacy interest protected by statutory law that allows communication between a person and their attorney to remain private.  The whole point of the attorney/client privilege is to encourage free and open communication between the person seeking legal advice and their legal counsel.  In other words, be honest with your attorney. An attorney needs to know the good the bad and the ugly about what happened so they are not surprised in court. A bad fact can become ten times worse if an attorney hears it for the very first time in front of a judge or jury and has had no time to prepare.

There is typically one big exception to the attorney/client privilege and that relates to ongoing crimes.  For example, if you meet with an attorney and tell them that you are in the process of committing a serious crime (i.e., “My name is John Jones.  I live a 555 East Forest Drive and I currently have someone locked up against their will in my basement.”), the attorney has a duty to report the ongoing crime.

Also keep in mind that communication is a two-way street.  Once you have been open and honest with your attorney and explained your circumstances to the best of your ability, then take a moment and actually listen to the legal advice your attorney is giving you.  That is, after all, what you are paying them for. An attorney has a duty to communicate with you about your options in your case.

Most attorneys will, especially when asked, lay out several options regarding how to proceed with your case including the pros and cons of each option.  It is then up to the client to ask as many questions as they need to feel completely informed. A good attorney will make some attempt to break down difficult legal concept into simple terms so that their client can understand what is going on.  However, don’t get frustrated if you don’t understand everything right away, the law can be very complex. Stick with it and continue to ask questions. The questions you ask can be helpful to you making a decision that will affect your future. Also, the more questions you ask, the more opportunities your lawyer will have to understand what your goals are in your case and what is important to you.

There is nothing more frustrating to an attorney than when their client ignores thoughtful legal advice and ends up hurting their own case.   With that said, it is most often the client and not the attorney who will have to live with the consequences of a decision. So, while an attorney can give their advice and counsel and even push very strongly towards one option that they think is the best, the toughest decision are usually going to be made by the client.  In criminal cases this absolute right of decision making applies to whether to plead guilty to a charge and whether to testify at trial. In these scenarios an attorney can offer his or her advice, but the ultimate choice is up to the defendant to make. In circumstances like these, the people who are most satisfied with the outcomes of their decisions are often the same people who have the best communication with their lawyer.

 

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Credit to our contributors from Andrew R. Lynch, P.C. for their insight into attorney/client communications.

 

 

When someone decides to drive while under the influence, he or she is not only risking ruining their life, but others on the road too. As you may already know, the blood alcohol content (BAC) limit for standard drivers is 0.08 percent. Professional commercial drivers are only permitted half that, as their BAC limit is 0.04 percent. Despite being aware of this, many people may still get onto the road after having drinks with friends or while enjoying themselves at a work after party. Even if the intentions are not to hurt others, those who drive with enough alcohol in their system can be risking the lives of those around them.

In the article here, we have provided more information about DUIs and what you can do to take legal action if you suffered as a result of someone’s carelessness.

Why do people think they can drive after having a few drinks?

Alcohol has a way of making people feel as if they are more sober than they truly are. So, a person may get behind the wheel thinking they feel fine, when in actuality have a BAC that is above the legal limit. That gray area between only having one drink, and having way too many can be difficult for people to figure out. They may feel tipsy, but not outright drunk. However, driving even while tipsy can still be considered driving while under the influence, especially if the driving was obviously impaired when on the roadway.

What are signs that the person next to me is under the influence?

Sometimes, a driver being under the influence can be easy to identify. In other times, it may be a suspicion but you just aren’t quite sure. If you see someone driving oddly, it may be better to notify police than let that person continue endangering others. Common signs that a driver may be under the influence are listed as follows:

• The vehicle is swerving between lanes slowly
• The vehicle is moving abnormally slow or fast
• The driver is making very sudden stops and starts
• The driver veers towards oncoming traffic then jolts back

What should I do if I was hit by someone who was drunk?

If you or someone you care about was involved in an accident, call 9-1-1 immediately. If the person who hit you was particularly drunk, they may also become threatening towards you in an attempt to deflect responsibility. Request an ambulance so any injuries can be tended to immediately. If the drunk driver was speeding excessively, you may have sustained very serious injuries that require prompt medical attention. Once your health has been deemed stable, you can consider consulting with an attorney about how to seek compensation for your losses. The medical bills and vehicle damages associated with a drunk driving accident can be insurmountable. A personal injury attorney Bristol, TN trusts can provide advice on whether filing a lawsuit is in your best interest, in order to receive financial retribution to pay off medical bills and for vehicle repairs.

 

 

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Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their insight into DUIs and personal injury.

It’s a fact that those who drive while impaired (DWI) are often responsible for causing accidents which result in injuries to others. It’s natural for victims who are seriously injured in this way to want justice against the irresponsible DWI driver who hurt them. There are several ways to do this, and after a review of your case during a free consultation, a DWI lawyer can explain your legal options.

DWI Criminal Charges

There is much confusion about DWIs and how the law views drivers who drive while under the influence of alcohol or drugs. A DWI is a criminal charge, and depending on the driver’s criminal history or lack thereof, the consequences of their actions can include prison time as well as significant fines, the loss of their driving privileges, and other forms of punishment. However, it is up to the court and the prosecutor insofar as what charges are brought against the driver, if any, and what their punishment is if found guilty. Though a victim may be invited to provide testimony at a trial as to how the DWI’s actions hurt them, this is often not the case. In reality, the victim has very little to no say about how or if the DWI driver should be punished. That said, if the victim hires a DWI lawyer, the victim may have recourse in the form of a personal injury claim or a civil lawsuit against the driver.

Personal Injury Claim

If a DWI driver injured you, you may have grounds to file a personal injury claim with their insurance company. A DWI lawyer from our firm can do this on your behalf. With our assistance you will increase your chances of a first-time approval of your claim and for the maximum amount of compensation. If the DWI driver does not have insurance, or it is insufficient to cover your damages, you may be eligible to file a civil lawsuit against them.

Civil Lawsuit

When someone sustains significant damages of one kind or another as a result of someone else’s actions or inactions, the victim has the right to file a lawsuit against them in order to recover their damages. With the help of a car accident lawyer Memphis, TN trusts, you may qualify to seek compensation from the person who injured you. We can review your case at no charge and offer our perspective about why we would or would not represent you. Some of the factors that we may take into consideration include:

• The severity of your injury and the associated medical costs. The more serious your injury is, the more important that we represent you to make sure your best interests are protected.
• The police report and other official documentation that supports your case against the DWI driver.
• The total amount of your damages that can be included in your lawsuit.
• Whether or not the DWI driver has assets that can be liquidated to cover your damages.

 

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Thank you to our friend and contributors at Darrell Castle & Associates, PLLC for their insight into car accidents.

Becoming involved in the legal system for a DUI charge can be a shameful and stressful experience. This is especially the case because there is a certain amount of stigma that comes with a looming DUI conviction. The last thing anyone wants is to be convicted of a DUI, especially because the consequences can follow him or her for years to come. Ensuring that you are represented and your rights are protected every step of the way will require a criminal defense attorneys assistance. They may be vital in strategizing your defense so that the consequences are more manageable than if you were to represent yourself.

What is a DUI?

Driving under the influence is when a person drives a vehicle while under the influence of drugs or alcohol. Across the country a blood alcohol concentration of above .08% is considered illegal to be driving. Police may pull a person over if they are driving erratically or have reason to believe that they are driving under the influence. Law enforcement officers detect whether or not a person is intoxicated in a variety of ways:

• Field Sobriety Tests
• Blood Test
• Breathalyzer
• Urine Test

If you were charged with a DUI, you will want to ensure that you have an attorney representing you during the legal process to follow.

An Attorney’s Legal Strategy

Depending on the severity of your case and whether or not this is your first offense, an attorney may offer difference strategies. An attorney will review the details of your case and strategize the best way to represent you in court. A good defense attorney will strategize your defense based on the specifics surrounding your particular case. In most cases an attorney will work to punch holes in the case being brought against you by questioning the sobriety testing that you likely submitted to and the officer who pulled you over. Your attorney will also ensure that your rights were not violated in any way. If they have concerns around this, it could work to your benefit. Retaining an attorney to strategize your defense for your DUI charge is an important factor to making sure that the consequences you face are mitigated as much as possible.

Representing Yourself

It is not advisable for anyone to represent themselves during legal proceedings. For a person untrained in law, the consequences of foregoing legal representation can have a significant impact on the outcome of a case. Someone who does not have knowledge of the law may not pick up on details in cases that could lead to a dismissal or dropped charges. Although many believe that representing themselves could save in the long run, chances are it will cost you. In many cases, a person who goes to court without an attorney will likely suffer the most serious of consequences if they are convicted of a DUI.

If you have recently been charged with a DUI, chances are you will want the entire legal process over and done with as quickly as possible. A criminal defense lawyer Rockville, MD trusts with experience in DUIs can be particularly helpful in efficiently managing the legal process so that you can move on with your life.

 

 

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

If you have been arrested for a crime, especially if it is your first alleged criminal defense, you will be thrown into a legal process that takes practicing lawyers years to master. It is always in your interest to consult with an experienced, competent criminal defense attorney who can help explain and guide you through the complex and sometimes intimidating criminal justice system. To get you started, however, here is a list of four words that you may hear during your case and their definitions.

• Arraignment. Arraignment is typically the initial hearing before a judge that you will have after you arrest. The arraignment should take place within a day or two of your arrest. At the arraignment, the judge will read the charges alleged against you and you will respond with a plea. You have the option to plead not guilty, guilty, or, in  some jurisdictions, you will be able to plea a third option commonly known as “no contest ” or nolo contendere. You should certainly consult with an attorney before making your plea, because it will have a significant effect on the rest of your case. Remember that, in most cases, if you cannot afford an attorney you will qualify for a court-appointed lawyer, which you may ask for at your arraignment, if not before. Finally, at your arraignment, your judge will set bail and schedule a hearing on the charges against you.

• Bail. Bail is the amount of money that the court requires you to pay to be released from jail while you await your hearing. Bail money is a guarantee that you will return: if you appear in court for your scheduled hearing, you will get your bail money back. Judges typically set bail using a chart and will set different amounts depending on the type of crime you have committed. Judges will also consider other factors such as whether this is your first offense. Your attorney will help make your case for a lower bail amount.

• Bond. Bond is a good option for many criminal defendants who are unable to afford their bail out of pocket. Bond is a process by which you can call a bail bondsman who will post bail on your behalf. In exchange you often pay a portion of the bail money to the bondsman, who will keep the money as a fee regardless if you show up on your hearing day. Bail bondsmen may also require collateral for the bond, which is in essence a loan. Some court systems also offer criminal defendants the option to post property as collateral directly to the court as a bond, to prevent criminal defendants from having to hire a bondsman.

• Indictment. Indictment is another type of hearing used typically only for felonies or other serious crimes. At an indictment a group of citizens called for jury duty, termed a “grand jury”, will hear the accusations against a criminal defendant and decide whether the government has enough evidence to charge the criminal defendant with the crime. If the grand jury believes there is enough evidence, the defendant will be “indicted” and the charges will be read at his or her arraignment.

These are only four of many words that you will hear during the life of your criminal case that you may not be familiar with. Remember to always consult with criminal defense lawyers Melbourne, Florida residents trust if you have questions about your case.

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Thank you to our contributors at Arcadier, Biggie & Wood, PLLC for the above information.