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Failure To Report


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


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?


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?


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


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.

Legal Dangers of Texting and Driving


DUI Defense Attorney

While many states have made texting and driving a civil infraction, punishable by only a fine, there are often far more legal risks to engaging in texting and driving than a fine or points on your driver’s license.

While the act of texting and driving in and of itself may not have criminal penalties, if something bad happens while you are in the act of texting and driving, or even near the time that you were texting and driving, you may be subject to severe criminal penalties. For example, if you are texting and driving and then are in an automobile accident that results in the serious injury or the death of another person, you could be charged with a range of serious crimes, like involuntary or voluntary manslaughter, negligent homicide, murder, moving violation causing death or serious injury, reckless driving, negligent driving, and more.

The criminal penalties for causing the death or serious injury of another person can range from probation and community service to serious prison time.

The police who investigate a crash involving a death or serious injury are likely to obtain a warrant to seize your cell phone, and a forensic examination of your cell phone will likely reveal if your phone was in use and in what way it was in use at the time of the crash. If it is discovered that you were using your phone at the time of a crash that resulted in injury or death, the likelihood that you will be criminally charged is great.

In addition to the potential criminal penalties that might result from such an accident, there are also legal concerns about potential civil litigation. If you are in an automobile accident where you were texting and driving, and it results in injury or death to another driver or passenger, you could be sued by that person for their damages. Depending on the injury, the amount of damages can be incredibly high. While many people’s car insurance will defend and pay such a claim, you could be responsible for any amount that exceeds your insurance coverage, and will be subject to the stress and other financial costs of being involved in such litigation.

While the legal dangers of texting and driving should be enough to prevent you from using your phone while behind the wheel of a car, the potential legal consequences are not the only reason to refrain from texting and driving.

Texting and driving is dangerous. You risk injury to yourself, your passengers, and those in vehicles around you. The risk of death or serious injury so that you can send or receive a message is far too great. Further, texting and driving in front of your kids will only encourage them to use their phones while driving when they someday get behind the wheel of a car. Take whatever steps you need to prevent yourself from giving in to the temptation to pick up the phone while you are driving. A criminal law lawyer Grand Rapids, MI offers suggests avoiding both the legal and human consequences of texting and driving.

Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense cases and texting while driving.



Decatur Criminal Lawyer

Imagine you are hanging out with your loved ones and having a very good time. As you are leaving a venue, a gentleman approaches you complimenting your dress. You thank them, but they move in closer in an attempt to place their hands on you in an inappropriate and sexual manner. You move their hand away before it makes contact and they immediately strike you, “in their defense”. Now, imagine being a friend in this person’s presence, and deciding to step in “in their defense”. Let’s go an extra step and imagine you are the gentleman that gave the initial compliment and moved the other party’s hand away, “in your defense”. Who committed a criminal act here?

Just as law enforcement has a duty to protect and serve the community, it is expected that individuals have a right to protect themselves as well. However, not every defense is reasonable, so it is important to understand what constitutes self-defense or the defense of others, and what does not.

There is a fine line between a premeditated action and reactions to an imminent threat. In a criminal case, in order to use self-defense as a defense there must be an imminent threat. This means there must have been an instant threat that required an immediate reaction. Revenge, or retaliation cannot be a factor in this example, as it is not immediate if it is a deliberate act.

There must also be a sense of natural and actual fear for your or another persons life or safety; this is considered reasonable fear. No matter if there was no direct or specific threat made to you, if you are afraid and respond in defense, the courts may consider this to be self-defense as well. Much like the previous example, when approached by a gentleman, the victim pushed the suspect away when they figured the accused were coming to strike them. While the accused may have never placed hands on the victim, she believed he would, and she defended herself. This is not always the easiest to prove, so while reasonable fear can contribute to a self-defense defense, you are likely to have charges lessened if not dropped totally.

There are several loopholes on both a prosecution, and a defense’s end when discussing self-defense. Rather than figure it out on your own, speak with a Decatur criminal lawyer. If you or someone you know has been accused of a crime and feel you acted in self-defense, be sure to speak to a skilled criminal defense attorney so that a strong defense can be built for you in the courtroom.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and self-defense cases.

Process of Sentencing


Criminal Defense Attorney Atlanta, GA

Life tends to happen very fast and if you are not careful, trouble may find you. Sometimes, we find trouble intentionally. Regardless of if you committed a crime deliberately or by accident, or not at all, if you happen to be convicted of a crime or plead guilty to any charges, a judge will sentence you. There are several ways your sentencing may go, in some cases the worse may be community service, and in others there is jail time and even worse, the death penalty. However, there are a few factors that a judge uses to deliberate how your sentencing would go, shall you be found guilty.

It is not too long after a conviction is made, or you decide to plead guilty. Depending on the extent of the case, the judge will use all facts and arguments brought forth by accuser, the defendant and state laws that express the worst that can happen. Below is a list of more specific elements a judge uses to make their final decision:

• Any previous offenses (repeat offenses especially).

• What lead to the commission of the crime in question

• If the crime put any one else in harms way

• If the person in question showed any shame

There are several options a judge can choose from such as:

• Jail time

• Prison time

• Fines

• Community service

• Probation

• Suspended licenses, etc.

Some sentences can be combined. You may receive a shorter jail sentence in exchange for probation for the duration of your original sentence. Judges do have free-range in most cases, however some charges require mandatory sentences, this would mean judges are required to impose these sentences on you for that time.

Laws vary from state to state when regarding sentencing, so if you or someone you know has been convicted or has plead guilty to any criminal charges it is best to speak with a knowledgeable attorney in your area that will be able to review the details of your case and weigh out your sentencing options in the event of a plea deal or an appeal.  The earlier you speak with a criminal defense attorney Atlanta, GA relies on the better, because a skilled attorney may even be able to have your sentence reduced before you are convicted at all.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and the process of sentencing.

How to Succeed on Probation


Criminal Lawyers

Probation is an opportunity to prove to the court that you’re able to comply with the court’s rules, the law, and avoid incarceration. As simple as it sounds, to be successful on probation, all you need to do is follow the rules.

1) Read the probation order. Then read it again. Seriously, one of the biggest complaints we hear as criminal defense attorneys is that our clients didn’t know a particular behavior was prohibited by the terms of their probation. Probation is your chance to avoid jail — take the time to make sure you know the rules.

2) Ask, if in doubt. If you don’t understand what a specific term of probation means, ask your criminal defense attorney or your probation officer before you take a chance. For example, if you have a probation term that says you can’t be in a place where alcohol is served, you need to ask your probation officer how broadly that is interpreted. Does it mean that you can’t be in a restaurant that has a liquor license or you just can’t be in the bar area? What if you work as a bartender or waitress? These are all questions that your probation officer can answer, if you ask before you do something. When in doubt, you should ask.

3) Check your mail. I know this is 2018, but most courts still communicate via snail mail. This means that if the court or your probation officer wants to get in touch with you, they will likely send you a letter. Don’t make the mistake of ignoring your mail for weeks or you might find that the court issues a warrant for your arrest.

4) Show up for your probation meetings. Most probation sentences require you to report and meet with your probation officer regularly. Show up early. If you wan’t to avoid jail, don’t be the guy calling the next day saying he forgot to go.

5) Have a good attitude. Probation officers deal with angry people all day long. Probation officers are humans — they don’t want to be treated poorly. Stand out by being polite and respectful. Don’t argue over things that don’t matter. Get things done before the deadline and be happy about it. For example, if you’re ordered to do a class and some community service in 60 days, get it done in the first 15. You’ll stand out in a good way that might result in an early discharge from probation.

6) Don’t commit new crimes. One of the biggest things that gets probationers into trouble is committing new crimes. If you’re on probation, this is your chance to prove that you made a poor choice and don’t need to be punished harshly. If you commit a new crime while on probation, you can bet you’re going to have an angry judge. Stay away from the people and situations that might get you into trouble.

Probation can be a great way to put a poor decision behind you, but it requires that you pay close attention to the terms and conditions of your probation order. Often times it feels like you’re being asked to jump through hoops for no apparent reason. While this may be true in some cases, the alternative is less pleasant. If you have questions about what a probation term means or how to get through probation successfully, contact an experienced criminal lawyer Greenville, MI relies on.

Thank you to our friends and contributors at Blanchard Law for their insight into criminal cases and tips for probation.

Felony Charges


Decatur Lawyers

As many people may already know, felonies are typically categorized as the serious criminal offences, in comparison to misdemeanors. If a defendant is found guilty of a felony they have been accused of the punishment is a minimum one-year in prison, which means not a county or local jail. Much like bonds, when you are charged with felonies you are also obligated to pay fines for your actions in most criminal cases, which can result in high amounts.

Serious types of felonies include but are not limited to murder, attempted murder, escaping from prison, assisting in the act of a felony, arson, and rape. There are several other crimes that are also considered felonies and you should learn these to ensure you avoid acting these crimes out.

You may also be familiar with the term “misdemeanor” but have never understood its difference from a felony. Misdemeanors are not as serious as felonies and are often resolved by paying off fines, attending classes as a form of rehabilitation, or jail time as opposed to prison time. It is easy to depict what type of crime was committed based on time served or given. There are certain factors that could escalate a misdemeanor to a felony. Crimes that typical remain misdemeanors are vandalism, trespassing and theft, amongst a few others. In the event that there is the use if a deadly weapon during the commission of a misdemeanor, there is now room to escalate the charge. If there was a theft committed at a small convenience store, this is a misdemeanor. However, if this theft involved the use of a deadly weapon such as a pocketknife it then becomes an aggravated crime, aggravated theft. When this occurs, there is a possibility of more felony related punishments and conditions such as longer jail time or larger fines to pay.

Without the knowledge it is difficulty to understand the trouble you potentially face when committed a crime. Felonies are misdemeanors are very different but share several similarities that would advice an attorney to ensure you are not taken advantage of in the courtroom. Skilled Decatur lawyers at Andrew R. Lynch, P.C. will be able to educate you of your rights as they pertain to your state and area, as well as possibly defend you if you are brought in front of a judge. If you or a loved has been charged with a felony, speak with an attorney sooner than later so that you all may receive the best options available to you.