February 2019

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Defense For Driving With A Suspended License

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Criminal Defense Attorney Atlanta, GA

There are several reasons your license may be suspended. Most people innocently forget they have parking tickets, or other traffic citations for matters such as speeding or running a red light. While others have committed a criminal offense in some way, and lost their driving privileges. No matter the reason your driver’s license was suspended, you do not want to drive without a valid driver’s license. You most definitely do not want to be stopped by law enforcement while your license is suspended.

Suppose you are pulled over by a police officer and it is discovered that your driver’s license is suspended. Assuming no other criminal offenses were committed, you will likely be immediately arrested for driving with a suspended driver’s license, and have your vehicle impounded. Now you have bigger problems. No matter the reason your license is suspended, prosecutors and a judge may view this offense to be extremely serious.

While a conviction is not guaranteed, the prosecutor can pursue a conviction just so long as a few things can be proven:

  1. You were behind the wheel of a moving motor vehicle
  2. At the time that you were behind the wheel, your driver’s license was invalid by suspension or revocation.
  3. You were fully aware of your driver’s license suspension or revocation.

While your knowledge of a suspension is just enough to convict, if all three of the aforementioned factors were proven to be true without a reasonable doubt in your case, you can receive the maximum penalty for the offense of driving with a suspended driver’s license. This would entail possible jail time and fines.

With the right criminal defense attorney, you may be able to receive a plea for a smaller offense, which may not carry as much jail time or extensive fines. Notices for suspension are typically mailed out but this does not mean you received notice and were made aware. If this can be proven, you may not have it as bad as you think. If you or someone you know has recently been arrested for driving with a suspended driver’s license be sure to contact an experienced criminal defense attorney Atlanta, GA offers. It is extremely scary to face jail time and you are genuinely unaware of the initial offense you committed. The right attorney is the key to a successful case, and will be able to review all the details of your case, and investigate even further to introduce the possibility of lesser charges or possibly no charges at all. Speak with an attorney as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense after driving with a suspended license.

Failure To Report

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Attorney Dekalb County, GA

There are just some things that are expected of you as a member of society. Laws vary from state to state as it pertains to reporting crimes; it is not also required or illegal to not report a crime. This charge, however, can range from minor to major. Depending on the extremity of the crime committed, you can be charged with a misdemeanor or a felony for not reporting it. Murder is one criminal offense that law enforcement would expect to be reported to them. In the event that it is not reported, a prosecutor can and may attempt to charge you with Failure to Report.

This is not to be confused with helping to conceal a crime this is an entirely different criminal act and will be prosecuted accordingly. If you aide someone in covering up a crime, you will be charged with far more than “failure to report”, you are then open to the possibility of being charged with aiding and abetting, or an accessory after the fact.

You do not want to participate in any parts of the crime, assisting in hiding someone law enforcement is searching for, hiding evidence, or even assisting in a cover up story (better known as an alibi), is beyond failure to report. There is a fine line between aiding and abetting and failure to report, and your involvement in these criminal acts, although you “technically” did not commit the crime, can get you into a load of legal trouble.

While each state is different, if a child is involved, many states required and expect an individual to report the crime that physically, mentally, or even emotionally affected the child.  If there is any feeling that child abuse is occurring, it must be reported. While this is not as extreme as failing to report a murder, charges can still be sought after, but only on a misdemeanor level of punishing.

If you or someone you know has knowledge of a criminal activity that took place, and has not reported it to the appropriate authorities, it could be possible the police are already aware of your participation or lack thereof. The truth is, when you are not honest, you will almost have no way of knowing your name came up, or maybe even your face was shown on video footage obtained and it is clear that you were aware and chose to not report. While it is best to simply report crimes you are aware of, if you do not, speak with a skilled criminal defense attorney Dekalb County, GA offers in the event that you are charged with Failure to Report.

ContactAndrew R. Lynch, P.C. for their insight into criminal defense and hit and run cases.

When Do You Need A Lawyer For A DUI

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Drunk Driving Accident Lawyer

One night you and your friends are out partying a little too late. You don’t realize how much you have had to drink and you decide to drive yourself home. Bad move. The way you are driving clearly indicates that you are intoxicated and you are pulled over by the police and arrested for drunk driving. Do you know what you need to do next? A DUI charge is serious and as such as severe punishments associated with it. In this post, we’ll talk through when you may or may not need a lawyer for your DUI charge.

When you may not need a defense lawyer

If this is your first offense with a driving under the influence charge, there is a good chance you will be given a standard plea deal. A standard plea deal is the generally the lowest sentence for a first time DUI offense. However, this is only applicable if you have no other prior convictions, your blood alcohol concentration wasn’t abnormally high, and the incident did not result in any injuries. This offer is typically given to everyone – whether or not they choose to have an attorney represent them.

Because of this, it may not be financially worth it to hire an attorney for your first offense as the chances of getting anything better than this option is slim. However, if you believe your case has a viable defense where you could potentially get lower than that sentence if presented at trial, you may want to consider reaching out to a defense lawyer.

When you should hire a defense lawyer

If your DUI case has any form of aggravating factors (such as injuries, high BAC, prior convictions etc.), you will want to have some form of legal representation in court. This is especially true if you are taking your case to trial. A defense lawyer will know how to navigate the system and help build the best defense possible.

According to the Fifth Amendment, everyone has the right to an attorney. Even if you can’t afford one, you will be given a public defender appointed by the court. These public defenders are very well versed in DUI cases and are also generally very familiar with the prosecution. This means they will know the chances of winning your case or negotiating a better plea bargain. The downside to a public defender is that because their caseload is so high, your case may not get the attention you believe it deserves.

If you are able to afford a private drunk driving accident lawyer Washington, DC relies on, you will get a more personalized approach to your case. It’s not a secret that defense lawyers are expensive – but that is because they get results. If you are looking for someone who will fight your case on an intimate level, get yourself a good private defense attorney. They are experts in their field and will be your best chance to help fight a DUI charge.

Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and when to get a DUI lawyer.

What Should I Know About Resisting Arrest?

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Criminal Defense Attorney

When a law enforcement officer informs an individual that they are under arrest, a primal biological response tends to take place. Unless the individual under arrest had sincerely anticipated that action, the process of being arrested usually comes as a stressful shock. As a result, the body tends to react by engaging its “fight or flight” mechanism. This is a normal response to fear and stress. Unfortunately, neither fighting with nor fleeing from law enforcement is generally ever a good option.

While it may be tempting to resist arrest, doing so may actually land you in far more trouble than you might otherwise find yourself in. Depending on the circumstances of your resistance, you could end up hurt and/or face formal charges related to resisting arrest. Whether you are innocent or guilty, it is generally a good idea to avoid resisting arrest.

Once you have followed the instructions of the law enforcement officers tasked with taking you into custody, you can then generally avail yourself of your Miranda rights and wait to answer questions until your attorney arrives. At that point, your attorney can begin utilizing legal strategies designed to help ensure that the process you are engaged in is fair. Allowing an attorney to advocate on your behalf is almost always preferable to resisting arrest because this option is generally the most surefire way to safeguard your rights, maintain your physical safety and preserve legal options related to a potentially successful criminal defense.

When Someone Resists Arrest

Resisting arrest is usually treated as a misdemeanor offense. Practically speaking, this means that convicted offenders usually face penalties less severe than a full year’s imprisonment. Nevertheless, consequences related to a resisting arrest offense can be wide-ranging and long-lasting. Steep fines, temporary jail time, time-intensive community service requirements, etc. can impact an individual’s life in significant ways. So, if you have already been charged with resisting arrest, it is important to speak with an attorney about the possibility of mitigating the consequences you may potentially face if convicted.

It is also worth noting that if you have resisted arrest and were harmed in the aftermath, you may be able to pursue a case related to unreasonable force exercised by the arresting officers. The possibility of filing a successful excessive force case will depend on the unique circumstances surrounding your arrest.

Legal Guidance Is Available

If you have questions about the process of being arrested or have recently been arrested, please do not wait to contact an experienced criminal defense lawyer Bangor, ME offers. Oftentimes, obtaining knowledgeable legal guidance early can make a significant difference to the outcome of a case. A resisting arrest conviction can result in significant legal and practical consequences. So please seek any legal support you may require at this time. Depending on the circumstances surrounding your case, you may be able to work with your attorney to get the charges against you dropped or to mitigate the severity of the situation in any number of ways.

Thank you to our friends and contributors at David Bate Law for their insight into criminal defense and resisting arrest.

Have You Been Contacted By Police?

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Decatur Criminal Defense Lawyer

So a police officer contacts you asking you to report to the police station for questioning. You have been accused of a crime and they are trying to speak with you in more detail. If you happen to be contacted by the police in relation to a criminal charge, do not speak. Make them aware that you do have an attorney, even if you do not. Then seek one.  Even if an officer provides a business card to you without arresting you, have your attorney call on your behalf. It is likely that they are already building up a case against and anything you say may be used for bad against you. Even in the event that you have not been accused of a crime, point them to the direction of your legal representation.

The same would go for any law enforcement that reaches out to you. It is likely that they have evidence against you already and are building a case up against you and are trying to have you incriminate yourself. Do not neglect your sixth amendment right to an attorney. Many times the calls are recorded and will be used against you in some degree. While knowing this may be very upsetting, do not think this illegal, the detective or officer is able to record this conversation. However, your lack of knowledge regarding the law can leave you astray; leave it to your attorney. The only person you should be in communication with regarding your criminal case is your attorney; the attorney will talk to everyone else and inform you otherwise. Remember that the entire objective of police contact with a suspect is to get the information they want, even if you are not the suspect of a crime. Do not believe the things they say, leave it to your attorney to believe.

It is understandable to have extreme nerves when contacted by law enforcement. However, you are always innocent until proven guilty and in many cases, if you are contacted by law enforcement they are not on your side. If you or someone you know has been contacted by a detective or police officer, whether or not you understand right you have a right to be defended. Contact a skilled Decatur criminal defense lawyer at Andrew R. Lynch, P.C. that will be able to speak on your behalf and give you a better understanding of the case you may have open with law enforcement.

Legal Defense for Extortion

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Decatur Criminal Lawyer

Nothing is more uncomfortable than knowing that someone is holding something that can determine your freedom or fate, over your head. Knowing that with the information that they have, they feel as though they can make idle or meaningful threats that may possibly risk your freedom or reputation. People do this for several reasons, money, envy, or just simply wanting something from you. Although you can be blackmailed with very incriminating information, you also have a right to seek legal counsel to help defend you and lessen your chances of jail time.

While the laws regarding blackmail or extortion may be different according to each state government, just so long as you can prove that the accused has made a threat willingly towards another person to gain money. There are several reasons someone may want to extort you. Maybe a long-term companion is not happy that you have gained success and they have not, knowing what they know, they may use this to take away from your success. Any type of disagreement with someone that knows you well enough to use information against you in the court of law or otherwise, can lead to an extortion or blackmail charge. Suppose you are the one facing the blackmail or extortion charge. With the right criminal defense attorney, you will be able to build a defense against the accuser. Even if the party accused of extortion is unable to gain finances or what it is that they desire, with proof that there was intent beyond a reasonable doubt, there are still opportunities for prosecution to file charges.

Neither being accused of extortion or blackmail, or being extorted or blackmailed is no fun. However, if you or someone you know is on the verge or currently battling an extortion charge, or blackmail charge, they are entitled to legal defense. If you or a loved one may be under investigation based on allegations made by another party in an attempt to force something out of you, hiring a knowledgeable criminal defense attorney can make all of the difference despite the validity of the accusations. You do not have to go through this battle alone, speak with a skilled Decatur criminal lawyer at Andrew R. Lynch, P.C. that will be able to defend you in a courtroom as soon as possible.