Feb 17, 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.