The sight of blue lights behind you can be a nerve-racking situation. In some situations you may very well not be aware of the reason you’ve been pulled over. A criminal defense lawyer, like the ones at Garrett, Walker, Aycoth & Olson, can see this situation on a frequent basis and figures it’s good to discuss your next steps. We’re seeing an increase in stops, that may or very well may not be for valid reasons. The vehicle is pulled for something fairly minor, a window tint violation, speeding, or a tail light being out. This stop instantly turns to a situation where the officer wants to search the vehicle. And this is where we turn to the Fourth Amendment.

The Fourth Amendment is quite possibly the most important amendment to a criminal lawyer because it protects you and me from being the subject of an unlawful search or seizure. So you’ve been pulled over and want to take the right steps, well read on for what we advise.

Don’t Say a Word – Saying Nothing Helps Us Later

The Fourth Amendment allows for a person to remain quiet if they are questioned by the police. Understand, that generally, when the police desire to search you, they aren’t intending to do so because they believe there’s nothing illegal going on. Clearly on their part, they believe you have something of a criminal nature going on, and they want to find out what it is. We see a lot of searches due to the odor of marijuana. Recent laws and articles have provided that the odor of marijuana is not distinguishable from hemp, and in some instances, this could negate the officers probable cause to search the vehicle.

Also, if you’re in custody and not comfortable with the situation, (Who wouldn’t be? ) under the Fifth Amendment, you can ask for a criminal attorney. If they’re attempting to question you, all questioning must cease until you are able to speak with your criminal defense lawyer. It’s important to note, that you can say I think I’d like to speak with an attorney, the request must be direct, “I want to speak to my lawyer.” This will put an end to any further questioning by the police.

Please note, and this is important, if you start talking with the police on your own after you’ve invoked your right to counsel, this may open the door to further questioning, and the scary part is your answers can and will be used against you. It’s important to speak with an experienced criminal lawyer before speaking with the police.

Take a Deep Breath – Do Your Very Best to Remain Calm, Cool and Collected

Our criminal defense lawyers see the suspect behaving nervously, breathing heavily, looking stressed, angry, frustrated and all of the above. The insinuation is that there is something criminal going on and that’s the reason you’re any number of those things. The reality is being stopped by the police can be scary, especially when you don’t know the reason for the stop or their rationale for wanting to search. 

But as you see them approach, take a deep breath. The police need probable cause to search your vehicle or search you and sometimes the only way they can get probable cause is to ask you questions. We have countless clients who have ended up with criminal charges all because they answered questions which gave a police officer probable cause to search. It’s hard as a criminal defense attorney to break the news that if they had just remained quiet, they never would have been able to search. And if they hadn’t searched, they wouldn’t have found what they found, whether it be drugs, a firearm when they’re not supposed to have one, or anything else deemed to be illegal. Remain calm and please do not say anything.

The Hard Part – Comply with Law Enforcement

Understand, first and foremost you’re not typically in a position of power. How many times do you think someone who yelled, “citizen’s arrest” at a law enforcement officer and it ended up stopping the police in their tracks. We wouldn’t need fingers to count those situations because it hasn’t happened. If the police have probable cause, or they have a valid search warrant based on probable cause, then comply with their requests. Obstruction of justice and resisting, delaying and / or obstructing a police officer can be a criminal offense in and of itself. 

Find a Criminal Lawyer as soon as you’re able to

The above is vital to protecting your rights when you’re stopped by the police or their attempting to search you, your car or your house. Reach out to a lawyer to make sure you’re taking the right steps and making the best decision for you when speaking with the police. Criminal charges are nothing to take lightly. Whether it’s a misdemeanor or a felony criminal charge, they can have long-standing ramifications on your future. Please contact a skilled criminal defense lawyer today to help you with your criminal case.

Discrimination Lawyer

Verbal Sexual Harassment

Not all types of verbal sexual harassment have to specifically be a perpetrator’s request for physical behavior or an obvious whistle or some other type of heckling behavior.  Some types of verbal sexual harassment may actually be considered acceptable by some people, however, under the law, if the behavior makes the intended target uncomfortable and is unwanted, it qualifies as verbal sexual harassment. If you find yourself working in this type of environment and you have made it perfectly clear that you want the behavior to stop, then you may have grounds for a harassment claim.

Verbal harassment can take on a variety of forms. If the perpetrator makes inappropriate innuendoes, jokes, or suggestions, then this can be considered verbal sexual harassment if this type of behavior makes you feel uncomfortable. If a person shares intimate details of their sex life or asks you inappropriate questions, this too may qualify as harassment.

It is also not uncommon for subtle comments of verbal sexual harassment to be targeted against all employees of one gender. But it is important to remember that just because the practice is widespread does not make it okay. The law says you have the right to work in an environment that is free of this type of behavior. The law protects you from being forced to endure these types of incidents.

Other Types of Verbal Harassment

Although sexual verbal harassment appears to be the most obvious type, verbal harassment can also occur if the perpetrator makes derogatory or offensive comments about a person’s religion, political statements, bullying, or calling the victim a derogatory name.

You can report this type of harassment even if it is not being directed at you. Specifically, if the conduct creates an uncomfortable or hostile environment, the harassment can be addressed by any employee even if he or she has not been directly targeted.

Under the law, verbal harassment is gauged depending on how it impacted an alleged victim, not on the intent of the perpetrator.  The law states that even a person who the harassment is not targeted at can be affected and, if so, they also have the right to file formal complaints and lawsuits. This is especially true if the person affected is a member of a federally protected group because of their race, color, religion, gender, age, or whether they have a disability. Consider seeking out a discrimination lawyer such as one from Eric Siegel Law, if you or someone you know are dealing with harassing and discriminatory actions at their workplace.

What Should You Look For in a Criminal Defense Attorney?

When you are looking for a criminal defense attorney, you will likely have different standards and expectations than if you were looking for a civil attorney who could help you with family law or estate planning. If someone is accusing you of a criminal act, you want to make sure you are hiring the right attorney and working with someone who can aggressively defend you in a court of law. You want to know that they have been educated on the proper defense tactics and that they will know what to look for to try to get charges reduced or dropped. 

Looking For Someone Local

Why should you look for a local criminal defense attorney? It is true that there may be a good option from a bigger law office; however, hiring locally can give you a huge advantage. When you work with an attorney from a local office, you are getting someone who knows the local court systems. That means they may be familiar with the D.A. from different local courts, the judges, or the prosecutors. They will have a good idea of whether a D.A. may be willing to negotiate before the trial or not. This kind of information is invaluable and could greatly help when you are charged with a crime. 

Look For Someone Who Has Worked With Your Type of Crime

If you were accused of grand theft auto, you want to know that your lawyer has had experience with this particular crime. A lawyer, like a criminal defense lawyer from a law firm like Tuttle Law, P.A. knows that when a lawyer has more experience with a certain type of crime, you will have a better opportunity to put your best foot forward in court. So, even if you have found a criminal defense lawyer, it would be to your advantage to find one who specializes in the type of crime you are being accused of. 

Finding a criminal defense lawyer is not always easy. You may think that simply having an attorney on your side is what you need. However, finding one who knows the area of law your criminal charges are in will help you out immensely. They can guide you through how the court procedures might go, whether negotiating is the right move, and tell you how to plea. If you need the help of a criminal defense lawyer, call your local office today. 

Restraining orders are not always as easy to get as television makes it seem. There needs to be reasonable cause for a judge to approve one. However, it is incredibly important to hire a lawyer, like a restraining order petition Lawyer in Fairfax, Virginia from May Law, LLP, if you are going to court to have a restraining order filed against you. Even if you are innocent of everything the prosecution is accusing you of, you need to make sure your best interests are protected, and an experienced lawyer will know the laws in Virginia and what the best strategy is to ensure you keep your freedom.

Why Would Someone File a Restraining Order?

Restraining orders are filed if a person feels unsafe and like they are threatened by someone else. This could be due to a previous assault, or because of verbal threats that have been made against a party regarding their safety. Sexual assault and domestic violence are two major reasons people file restraining orders. 

Why Is It Important to Hire a Lawyer?

If you are having a restraining order filed against you, it is crucial to hire a lawyer to represent you in court so that you can protect your own rights and your future. If an order is granted to the person who is filing against you, it will be on your permanent record. This will affect things like future jobs, where you are able to live, and much more. It could be public knowledge and affect your friendships and relationships, and could even affect your social life if this person was in your circle. 

It is crucial to have a lawyer on your side because restraining order petition lawyers know what types of defenses do and do not work in Virginia. He or she will be able to advise you on some of the best practices to use that will be the best chance of having freedom after the trial. You may feel like since you are innocent of any wrongdoing that it is pointless to hire a lawyer to help with your case, but since you are likely not an expert in this field you need someone on your side who knows the laws and rules so that you do not incriminate yourself or lose this case. 

Contact Us Today

If you or someone you care about is currently dealing with having a restraining order filed against them, make sure to contact an experienced restraining order petition lawyer in Virginia from May Law, LLP today. This will help give you a better chance of having a favorable outcome in your case and keeping the freedoms that you are used to. Having a restraining order against you really does strip so many freedoms from your life, and you do not want to be punished for something that you do not deserve to be punished for. Contact a lawyer right away before speaking with any authorities on the matter. He or she will have your best interest at heart and do their best to get the restraining order denied.

Parents who feel like their child support order is no longer fair, may consider filing for modification. The process of requesting such a change can be so complex, that many parents give up entirely and just accept their current arrangement. But, doing nothing can be a huge mistake, as one parent or the other may eventually find themselves in financial turmoil. If something has changed to where you are unable to make payments, it is worth looking deeper into what your options are for modification. 

A family lawyer can help you decide what is in the best interest of both your child and your finances. We believe that while it is important to support your child, it shouldn’t come at the cost of sacrificing your financial stability. Here are some things to consider before taking action, so you understand what it means to file for child support modification: 

Child Support Isn’t Automatic

While the factors related to child support may have changed, this doesn’t mean that the amounts are automatically adjusted to fit the situation. For example, if your child became of legal age, child support payments may not automatically end on his or her birthday. It is important to be aware of laws for your state and file any necessary paperwork to make changes. The same rules can apply for parents who receive a huge pay decrease or the other partner gets a significant promotion — it can be grounds for modification but adjustments may not be made unless either parent files for an update. 

Create an Organized Financial File

Before filing for modification, you may want to ask an attorney for insight as to what financial documents are most useful in such a negotiation. It is vital that if you do not already have an organized file of your finances, that you make one before investing time and energy into modification. The judge is likely to ask you about what has changed in regards to your finances, and request documentation which reflects these claims. You may only be able to file for child support modification a certain number of times within a designated period, so it is important to be as prepared as possible. 

Modification May Not Be Retroactive

If you were let go from your job or suffered an unexpected medical injury or illness but didn’t request modification until a couple months later, the judge may only consider changing the terms based on the date you filed. Parents who anticipate a job loss or sustaining some other financial hardship, may want to have the modification paperwork already prepared just in case. 

Laws do vary by state and some may permit child support orders to be retroactively altered in situations where the parent paying less child support due to spending more time with the child, ends up being with him or her less than expected. 

If you are getting ready for child support modification, please contact a law office to book your consultation with an attorney.

If you’ve been injured on the job, you may have heard that you can file a workers’ compensation claim by simply filling out some paperwork and confirming some medical information – no muss no fuss. Each state has its own workers’ compensation practices and protocols so, yes, technically in some states you can file a workers’ compensation claim with minimal effort or guidance. With that said, unless you only expect to be out of work for a few days and you’ve been diagnosed with superficial injuries only, it’s generally not a good idea to file a workers’ compensation claim without first consulting with a lawyer, like a workers’ compensation lawyer from The Law Offices of Mark T. Hurt. Once you’ve been injured on the job, you may only have a matter of days before you’re barred from seeking compensation under state law. As a result, it’s important to speak with an experienced workers’ compensation attorney right away.

Why Seeking Legal Guidance Now Is a Good Idea

When someone is injured in an automobile accident, they are generally required to give a statement and supporting documentation to one or more insurance claims adjusters. The claims adjusters then evaluate the information they’ve been given and ultimately assign the accident a value. The accident victim is then paid compensation in accordance with that value. Workers’ compensation claims work much in the same way. Workers’ compensation claims adjusters can’t figure out how much compensation to award you until they understand the nature of your injuries, how your injuries were caused, and what kind of rehabilitation, missed work days, and medical care you’ll ultimately be required to navigate as a result of your injuries.

Workers’ compensation programs don’t have endless resources to dole out. As a result, claims adjusters are often encouraged to value claims in ways that don’t risk exceeding the compensation that work-related injury and illness victims are due. This approach often leads to the undervaluing and/or outright rejection of legitimate claims. Speaking with an experienced workers’ compensation attorney before you submit your paperwork will better ensure that your claim is structured in such a way that it will be valued fairly and (assuming it is a legitimate claim) approved without delay. In the event that your workers’ compensation claim is, despite your best efforts, undervalued, rejected, or otherwise compromised by “red tape.” An experienced workers’ compensation attorney will know how to appeal, negotiate, persuade, and otherwise advocate on your behalf as efficiently and effectively as possible.

Legal Assistance Is Available

Given that you’ve been injured on the job, you likely want nothing more than to focus on healing and getting back to work. Speaking with an attorney can seem like one more hassle associated with your injuries. However, speaking with a lawyer proactively may actually save you a great deal of stress and money down the road. Please take a few minutes to schedule a confidential appointment with an attorney today.

You would be surprised at how a traffic ticket can negatively impact your life.

If you were caught speeding and a police officer gives you a ticket, you may be a little shaken up, but after a day or so might think you should only pay your ticket and move on with your life. This kind of thinking can be very damaging, though, because the cost of traffic tickets can add up. A few tickets here and there can begin taking points off of your driving record and can even cause you hardship when it comes to finding or keeping a job, as a traffic lawyer from a law firm like the Law Offices of Mark T. Hurt, can explain. 

Having a traffic ticket attorney on your side who knows how to work in the courtroom and knows the ins and outs of traffic law is more important than ever if you find yourself facing a traffic ticket.

I was told I needed to go to traffic school. Is this true?

A court may tell you that in addition to paying fines and having a ticket on your driving record, you also have to go to traffic school.

While you can do what the court is asking you to do, it is almost always best to try and get your case dismissed entirely. The burden of proof is on the prosecution, so the police officer will need to show up to court and prove that you were speeding as they say you were.

The best outcome to get the traffic ticket thrown out entirely. This is the best option because it means that in addition to not going to traffic school, you will also not need to pay fines or face any other punishments. On the other hand, it is also possible to use traffic school in your favor and a means for negotiating no further punishments and no conviction. 

Can a lawyer guarantee that my case will be dismissed or reduced?

No, and be very wary of any lawyer who tells you that they can guarantee you certain results.

While a good lawyer should have a solid track record with many cases like yours over the years, it still does not guarantee a win. The best thing you can do is be honest with your team of traffic ticket attorneys about what happened when you got pulled over and present the facts and the evidence to them so they have a better understanding of how to build your defense.

If you received a traffic ticket, don’t hesitate. Speak with a traffic attorney as soon as possible.

I’ve done thousands of consultations with potential clients facing criminal charges. I often find that the more serious the allegation, the less inclined a client is to tell me if they are culpable, which is a fancy way of saying guilty, which is another of saying they did it. I’m not saying they are lying, but the version of events defendants remember is usually the best possible version and generally way different than the case the police think they have. Don’t get me wrong, some defendants are lying to me, and it’s never a good idea to lie to your lawyer. Let’s break down why.

Why don’t defendants want to tell the truth?

I think the first issue is embarrassment or shame. We are always the hero in our own story. We can have a hard time admitting we have done something wrong or hurt another person. Another reason can be a fear that if a defendant tells me they are guilty, I won’t fight as hard for them. A good defense lawyer will work hard no matter what the facts of the case are. A client who is afraid of going to prison might think convincing me they are innocent will make me work harder. But it will make me work harder on things that won’t help their case. Let’s talk about that.

What happens if you lie to your defense lawyer?

This is the real issue- why you shouldn’t lie to your lawyer. Here’s an example, I’ve had clients give me a phony alibi before, and I’ve spent months investigating a fiction when I could have been working on the case. If the State’s lawyer knows more than I do, I’m in trouble, and if the version of events I’m litigating isn’t the real version of events, then you’re in trouble. It’s not that I need rock-solid evidence of every possible mitigating factor in a case. We deal in reasonable doubts, after all. What I need is not to waste time on complete dead ends. I’ve had this play out to the very end in cases. Clients refused to tell me the truth or, worse yet, kept lying to me about what happened. Some clients even demand to take polygraphs to keep the ruse going, only to tell me later they “did it”. The amount of time and money wasted could have been put to better use in areas like mitigation.

The way I will evaluate your options and litigate your defense strategy depends on having an accurate version of what happened or what you experienced. Without that, I will do a worse job as your lawyer, and I might give you bad advice on how to proceed. That is always the thing to be avoided. Every case has a budget of time and resources. The more I waste on bad ideas, the less I have for good ones.

As criminal defense attorneys can explain, a good portion of initial consultations is spent dispelling many of the myths and misunderstandings that people have about the Criminal Justice system. Television and movies especially have contributed to widespread misconceptions about what is “supposed to” happen during arrest, trial and on appeal.

One of the most common misconceptions revolves around one’s 5^th Amendment right to remain silent and the Miranda warnings. We all know what the warnings are:

You have the right to remain silent.  Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be provided for you.

Our lawyers, cannot count how many times clients have come in excited to say that their case will be dismissed because “they didn’t read me my rights.” Despite the portrayal of Miranda warnings in movies and television—where we always see the “perp” being read his rights as police slap the cuffs on and guide his head into the backseat of the squad car—officers are not required to read you your rights at all, let alone while they are arresting you. In fact, the warnings have nothing to do with the arrest itself.

Miranda warnings are only required prior to a custodial interrogation.  It is important to remember that the 5^th Amendment does not give us blanket protection from any self-incrimination. It only protects us against being compelled to incriminate ourselves. So, if you are in custody but are not being questioned, or you are being questioned but are not in custody, you are not entitled to the warnings. In other words, if you start spouting off in the back of the cruiser about how sorry you are, but you did so without being prompted by the officers’ questioning, there is no “interrogation” and the statements can be used against you.  Likewise, if you voluntarily meet with officers to be interviewed—even at the police station—you are not “in custody,” so Miranda does not apply.

An experienced criminal defense attorney can assess whether statements were given voluntarily, whether Miranda applies to a particular case and whether to seek suppression of any self-incriminating statements. It is best, though, to know your rights and exercise them regardless of whether your rights are read to you or not.