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Fleeing the scene of an accident is never the right thing to do. If you have accidentally hit another vehicle with your car, it is very normal to feel afraid and want to flee because it can have a big impact on your life. The biggest mistake you can make is to try and flee the scene because it is against the law and can land you in jail if you are caught. However, in the event that you are not thinking in a clear manner or did not understand the large penalties surrounding fleeing the scene at the time of the accident, you will want to speak with a criminal defense attorney right away. Often times there are security cameras in many intersections and you will never know if your license plate was caught on camera or not until it is too late. Police will be looking for you, so you need to fully grasp the situation at hand and understand your rights. Seeking help from an experienced attorney can ease your mind on these issues. You do not want to contact your insurance company or the police before you hire a lawyer because this will only hurt your case in the long run. Make sure you have the guidance of an attorney before doing this. If you do call before you obtain a lawyer, you may accidentally end up admitting to fault for the accident and put yourself in legal trouble right away. Let your attorney do all of the talking because they will know how to explain the situation without admitting that you are the guilty party.

It is always in your best interest to schedule a consultation appointment with an attorney so that you can begin easing your stress load regarding your hit and run. Navigating through the legal system by yourself can be a tough task, so it is crucial to have an attorney, like an auto accident lawyer you rely on, with experience on your side. He or she can help build you up a strong defense and ensure that your rights are protected. They will also handle all communication with the police so that you do not accidentally end up incriminate yourself. Many criminal lawyers actually offer free initial consultations, so you literally have nothing to lose by speaking to one. During the first initial meeting, the lawyer will ask you numerous questions about the accident, such as where it happened and if anyone was hurt. Be honest in your answers. If you leave any important details out, your lawyer will not be able to help you with your case. Your lawyer is not there to judge you or your actions, so you should not feel afraid to reveal everything about your case.

You are not required to engage a lawyer for a speeding ticket.  You may simply pay the fine, or show up at the scheduled hearing and attempt to represent yourself.  However, in many cases, you will achieve a better result if you hire a lawyer.

Each state has its own traffic laws and procedures for enforcing them.  Furthermore, within each state, individual counties often have widely varying procedures and policies for adjudicating traffic charges.   For instance, in some Virginia counties the police officer will prosecute all but the most serious speeding tickets, while in other counties the county’s prosecutor will do so.

In some counties, the judge has a policy that in the case of a driver who has received a speeding ticket but who heretofore has had a good driving record, if the driver will attend a driver improvement class the court will dismiss the speeding charge.  For tickets involving high speeds, the court might agree to reduce the charge to a lower speed, or to a defective equipment charge if the diver does driving school and/or a certain number of hours of community service. The exact parameters of these informal policies frequently vary from county to county and they are usually not published and available to the public.  However, an experienced local traffic attorney will be familiar with these policies.

Many drivers are under the misimpression that they must have a good defense to the speeding charge before a lawyer, like a reckless driving lawyer Abingdon VA trusts, can be of valuable assistance.  This is completely wrong.  The overwhelming majority of drivers that traffic lawyers help are guilty of the speeding charge.  For those guilty drivers, an experienced and proficient local traffic lawyer is able to get a reduction or dismissal of the charge in many cases by bringing the good driving history and character of the driver to the consideration of the judge, prosecutor and police officer, and arranging for the driver to go to a driver improvement school or to do community service.  Further, it is well known that the simple action of hiring a traffic lawyer to appear for you creates a favorable impression with the court and prosecutor and a tendency for them to agree to a less harsh penalty.  And often, prosecutors will negotiate prior to the traffic hearing only with a lawyer.

A traffic lawyer can be particularly valuable for an out-of-state driver.  The cost in time and travel expenses often makes it prohibitive for a driver to return to the state and county where he received the ticket in order to attend the hearing.  A local traffic lawyer can appear on his behalf.  This often makes a crucial difference because frequently a driver can obtain the best relief only if someone attends the proceedings in person on his behalf.

In sum, while it is usually not necessary to engage a traffic lawyer to assist with a speeding ticket, a traffic lawyer can frequently reduce the negative consequences of that speeding ticket, even if the driver is guilty of the charged offense.  Thus, if you receive a speeding ticket, it is nearly always advisable to obtain a free consultation from a local experienced traffic lawyer as to your options before you decide to go it alone.   

Thanks to our friends and contributors from The Law Offices of Mark T. Hurt for their into speeding and reckless tickets.

A criminal legal problem can certainly disrupt your divorce case, as a family lawyer can attest. While you believe everything is proceeding according to plan, the unlikely but sometimes foreseeable phone call will alert you that your soon to be former spouse was arrested and may be charged with a crime. Depending on the nature of the alleged offense you might not be thrown too far off course. That said, some new issues may arise out of the criminal law case that affects your divorce and family law matter.

Examples of criminal charges arising during a divorce

Your spouse could be in criminal trouble for so many different reasons, not limited to conflict in the marriage and divorce. Where, however, the spark leading to an arrest comes from stress during divorce, there are a few common sources of criminal conduct. Family violence, drug, alcohol, driving and drug offenses can all be traced back to a person perceiving their life to be unravelling. Not everyone handles stress well and people with propensities for trouble may too frequently snap under pressure.

Your spouse might also be engaged in white collar or other crimes and is arrested and charged, leading to your decision to file for divorce. Acts of domestic and family violence may also cause you to divorce. Depending on the severity of offenses and charges, it may not be practical to remain married.

Criminal charges against a party to divorce can affect the entire family

If the arrest is recent, an immediate concern may be bail money and the retainer to hire a criminal defense attorney. Depending on your relationship, you may want to help your spouse, so they can continue working and earning income to support the family if possible. In other cases, you might object to the use of marital funds to pay for bail and criminal defense lawyers.

If you are one charged with a crime you should find a criminal lawyer who will work closely with your divorce attorney so that everyone is on the page with respect to how each case will proceed. The divorce case might have to be slightly delayed based on criminal charges and procedures. Another issue is the ability to see your children and how the criminal case will affect custody and visitation issues.

Long term effects of criminal convictions and incarceration.

Temporary bouts of anger can lead to very long-term periods of lockup. In the heat of passion people might lose control. With serious charges including attempted murder or great bodily harm, someone might be going to prison. If this happens, the spouse on the outside might seek to terminate the parental rights of the other, especially if they remarry to another who wants to adopt the children.

If jail time is short enough, the individual might still be able to see the children, but most likely visitation will be supervised. Child support may be an ongoing issue and could be abated during periods of incarceration, and when on the outside, the individual may be searching for a job and ordered by the family court to find work and start paying current and back support obligations.

        Whether it’s harassment, assault/battery, stalking, terroristic threats or other domestic violence related charges, criminal defense attorneys often find themselves in tough positions handling these sensitive matters. Domestic violence comes in all forms and the defendant is often facing serious consequences. These matters require great knowledge of the law along with concern and care for the defendant and their family situation.

        Often times the defendant will need anger management/behavior counseling. They can lose their employment and if they are the primary or only financial provider for their family, it puts the entire family in an unfortunate position. It is not uncommon for the alleged victim to file for a restraining order that removes the defendant from the home and prevents them from seeing their children. Domestic violence as a whole is tough for families to deal with and can be a reoccurring cycle that gets worse over time.

        That is why it is important for attorneys to collect and review discovery carefully and make decisions based on what is best for the defendant and often their family as a whole. Dispositions in these cases vary and many matters never see a trial.  If all parties agree to the terms, these matters can often be resolved with counseling for an extended period of time and an eventual dismissal. In some states diversion programs are offered where the charges are dismissed if the defendant completes a period of successful probation. Some courts offer abeyances in minor domestic violence matters where the charges will be amended or dismissed if after a “cooling off” period of 90-180 days there are no further incidents between the parties.

        Keep in mind that many people charged with domestic violence are first time offenders and have never been in trouble a day in their life. One argument between spouses, one wrong decision, one moment where someone acts out of character is all it takes to be charged criminally in a domestic violence related matter. On the other hand, there are often persistent offenders where a dismissal is completely off the table and serious jail-time is at stake. These matters often go to trial and it is important to review police dispatch audio, police reports, photos, and witness statements before determining if a trial is the route to go.

        It is an attorney’s duty not only to get the best possible result for their client in their criminal matter, but to also have their client rehabilitated in matters where it is clear the defendant needs help/counseling. Consult with an experienced professional to represent you such as the Criminal Defense Attorney Somerset NJ locals have been turning to for years.

 Thanks to authors at Roberts & Teeter LLC for their insight into criminal defense law.

The Legal Justification of DUI Checkpoints

In many states, police set up driving under the influence (DUI) checkpoints to check for impaired or drunk motorists. Typically, these checkpoints are established on busy roads and highways during holidays when motorists are notorious for abusing alcohol and drugs. These checkpoints are roadblocks where officers randomly stop vehicles and interview the motorists for signs of intoxication. DUI checkpoints have come under a lot of criticism for going against the fourth amendment rights. Here is a look at the legal justification of DUI checkpoints.

A U.S. Supreme Court Ruling on DUI Checkpoints

In a 1990 case, the U.S. Supreme Court handed down a ruling that legitimized DUI checkpoints. The ruling held that being stopped at a DUI checkpoint does not violate a citizen’s rights against unreasonable searches and seizures as provided by the Fourth Amendment. This ruling has caused many to question the definition of an unreasonable search.

Reasonable and Unreasonable Searches

A reasonable search is one conducted when there is probable cause. For example, when a police searches you after an arrest, it is considered to be a reasonable search because they have probable cause that you have committed an offense. However, because a police officer has no probable cause for stopping you at a checkpoint, this amounts to an unreasonable search. This means that the one exception to the Fourth Amendment’s rule on unreasonable searches and seizures is when it entails DUI checkpoints.

Why Are DUI Checkpoints Constitutional?

Before the infamous Supreme Court ruling on the constitutionality of DUI checkpoints, a Michigan court passed judgment on what constitutes unreasonable seizure. The Supreme Court did not contest their argument and instead stated that this exception of the 4th Amendment was needed for protection. The court argued that this form of unreasonable seizure is necessary in light of the threat that intoxicated drivers pose to the public.

What Grounds Must Be Met for a Dui Checkpoint to Be Valid?

According to the National Highway Safety Transportation Board, for a DUI search and seizure to be legal, the following criteria must be met:

•    The checkpoint should be established by the senior authorities of law enforcement agencies and not randomly by the officers in the field.
•    Law agencies should apply good judgment when determining where the checkpoints are to be placed and for how long they should last.
•    Checkpoints should be mounted at reasonable places such as in areas with high numbers of alcohol related incidents, accidents, and arrests.
•    Checkpoints should be set up in a safe manner. This means there should be proper lighting, signals, warning signs, and police vehicles should be easy to spot.
•    Motorists should be detained only for the purpose of questioning them and determining whether or not they are impaired.
•    The DUI checkpoint operation must be publicized before it is executed.

When is a DUI Checkpoint Illegal?

If you have been stopped at a DUI checkpoint and the following conditions have not been met, you can make a claim against an unlawful search and seizure. Some of the defenses that your lawyer can make for you include:

Wrongful detention: This defense will apply when you are held longer than is necessary to determine whether or not you are sober.

The operation was not public knowledge: This defense applies where the authorities did not post a public notice that they would be executing a DUI checkpoint operation. Your lawyer can claim you never knew about the operation and; therefore, the search and seizure was unconstitutional.

The operation lasted longer than the authorities had announced: This defense can be used if you are stopped and arrested outside the required time frame for the operation.

The checkpoints were unreasonable: If you are stopped at an unreasonable location, your lawyer will argue that the checkpoint was mounted at an area with a low risk of drunken driving accidents, incidents, or arrests.

If you were arrested for a DUI at a checkpoint and you feel your rights were violated, it’s important to contact a criminal defense attorney such as the DUI lawyer Fairfax VA locals trust immediately.

Thanks to authors at Albo Oblon LLP for their insight into Criminal Defense Law.

Depositions are an important part of many trials, and there is a lot to understand about their process. If you will be participating in a deposition, or your lawyer (whether it be a Personal Injury lawyer, or criminal defense lawyer, or family law lawyer, etc) is conducting a deposition for your case, then it may be helpful for you to have a general understanding of what will be involved.

What Is a Deposition?

A deposition is the oral testimony of a witness and takes place out of court, usually in a lawyer’s office. The witness’ testimony is documented in writing and can later be referred to in court by either party. A deposition is also called an examination for discovery, or an examination before trial.

• A deposition is where the attorneys gather information in preparation for the trial.
• Both attorneys are allowed to ask questions of the witness.
• The witness must answer aloud, as a recording won’t record a nod or any facial recognition.
• After the first attorney has asked their questions, the second attorney will have their chance to ask questions in cross-examination.
• There is a limit of only ten depositions of various witnesses per side allowed.
• A deposition can only last for seven hours in one day.

Who Is Usually Present in a Deposition?

There are certain people who are almost always present at a deposition. This includes the court reporter to provide the transcription and deposition services and at least one lawyer for each side. There are no limitations on who can attend the depositions unless there is a protective order in place.

• If there is someone that you don’t want at the deposition, the burden is on you to prove “good cause” for why they shouldn’t be there, according to Federal Rule of Civil Procedure 26(c)(1)(E).
• Good cause entails that the order is required to protect the person from oppression, embarrassment, undue expense or undue burden.
• This is different from a trial, where a witness can be excluded as requested by the party.

When is A Deposition Necessary?

This usually depends on the circumstances and various facts of the case. If the case hinges on proving certain circumstances and the details of what happened, a deposition is a common part of the discovery process. Sometimes, the information obtained from the deposition opens the door for a settlement to take place. A settlement agreement negates the need to go to court and can be a cost and time savings. If you would like to know more about what you’re likely to experience in a deposition for your case, consult your attorney. If you do not have an attorney, contact a law firm as soon as possible.

According to the National Safety Council, 80 percent of drownings occur in residential pools and spas. In addition, the American Institute for Preventive Medicine lists drowning as the fourth leading cause of accidental death in the United States. They say accidental drowning claims approximately 4,000 lives in the United States each year.

This means that for homeowners, when you own a swimming pool you run the risk of a lawsuit if someone gets hurt. However, there are things that you can do in order to protect yourself and your guests. It is important to consult with an experienced attorney such as the lawyer locals trust.

Types of Injuries

Drowning deaths aren’t the only concern for a swimming pool owner. There are other risks of injury and harm that come along with owning a swimming pool.

• Someone might slip in a water puddle and fall.
• A person might suffer an injury on a broken diving board or a slide.
• Chemical treatments for the pool water can also cause injuries.

Duties to Guests

Although the rules vary from state to state, generally, a homeowner has a basic duty to keep people on their property safe.

• While they don’t have to take steps to actively discover dangers in their home, they have to warn people on their property about known dangers.
• A property owner has a reasonable amount of time to discover dangers on their property and either fix it or warn guests of the hazards.
• When a homeowner fails to keep their property reasonably safe and someone gets hurt as a result, they can be held responsible under the laws of premises liability.

Duties to Trespassers

Many swimming pool owners are surprised to learn that there are occasions when a trespasser can bring a lawsuit against the property owner after they or their minor children are injured while trespassing. This falls under the doctrine of nuisance attractants and liability law. In the scenario of a swimming pool, the risk is usually children or young adults who might sneak onto the property to swim in the pool. While it might not seem fair that a trespasser can bring a case against a swimming pool owner, all homeowners must take care not to leave obvious dangers on their property.

• Keep a fence around the pool with a locked gate and use a pool cover when it’s not in use.
• Lighting around the pool can prevent a trespasser from falling and getting hurt.

Additional Preventative Measures

If you’re a pool owner, there are things that you can do to minimize your liability risk. The first step is to monitor who uses your pool.

• Don’t allow children to use your pool unattended.
• Make sure that you limit pool use to no more than the maximum occupancy at any one time.
• Don’t allow anyone to use your pool when intoxicated.
• Adult members of your home should consider learning first aid and CPR.
• Check the pool occasionally to make sure that it’s structurally sound. This includes checking the chemical levels, the diving board, slide, and any railings that are used to enter and leave the pool.
• A pool alarm can help alert you if someone enters the pool while it’s not in use.
• Keep life saving devices nearby, and make sure that children wear life jackets.

It’s also important to be honest with your insurance company about having a pool. In the event that you have a personal injury claim against you, you can have an insurance policy that covers damages. All of these steps can give you peace of mind and ultimately make owning a pool less stressful.

You more than likely have heard the words “assault” and “battery” used in conjunction with each other, but what distinguishes assault and battery from assault or battery on their own? There are important distinctions to be made between the two, but the differences aren’t especially complicated. This is an overview of what makes a crime qualify as both assault and battery.

Assault

In the simplest terms, if assault and battery occurs against an individual, the assault will almost always occur before the act of battery. That’s because assault is all about threatening. When someone commits assault, they aren’t necessarily committing a physical act against another person. However, they are giving a reason for the other person to believe they are in danger. The act of assault could be someone telling another person that they are going to harm or kill them, or they could tell that other person something unsettling to intentionally intimidate them.

Types of Assault

There are two types of assault: simple and aggravated.

• With simple assault, no weapon is used.
• With aggravated assault, a weapon is used. According to the FBI, there were over 750,000 cases in the U.S. of aggravated assault in 2011 alone.

Battery

While the definition of assault is a bit looser, for someone to be charged with battery, they had to have made physical contact with their victim. This can range in severity, but any unwanted or harmful physical contact towards another person can be classified as battery.

• Unlike assault, however, battery can be committed even if the perpetrator had no intention of causing harm.
• If their intention was to come in contact with the other person and doing so resulted in bodily harm, then the victim has grounds to claim the perpetrator committed battery against them.

Types of Battery

Like assault, the two types of battery are simple and aggravated.

• Simple battery is less serious.
• Aggravated battery involves use of a weapon and can also warrant the label through intent like a racially motivated attack.

Assault and Battery

Now that we’ve explained how both assault and battery are individually classified, it’s time to bring them together and understand how they work in conjunction. The reason why you hear “assault and battery” together so often is because people who make threats of physical harm (assault) are prone to follow up on their promises (battery).

Criminal Charges

The criminal charges for assault and battery depend upon the types of assault and battery as well as the state in which they occurred. Simple assault is generally classified as a misdemeanor, but aggravated assault typically falls under the felony category. The punishment can range from a few months to many years in prison, depending on the severity:

• Was a deadly weapon employed?
• How severe were the injuries?

Call Us

If you have been a victim of assault and/or battery, or you have been charged with either of these crimes, give our office a call today. A skilled criminal defense lawyer you rely on will do everything in their power to help you get the compensation that you deserve.