When a person is charged with assault, it is not uncommon for a battery charge to also be attached. Under state law, assault is a non-physical act of threatening someone so that they fear for their safety. Battery is the actual act of violence the perpetrator uses against the victim. A person can be charged with assault if they threaten a victim, whether blatantly or an implied threat, even if the physical harm never actually took place.

A criminal defense attorney, such as a criminal defense attorney in Rockville, MD, can help defend against assault and/or battery charges if you have been charged. The following is a brief overview of defending against these charges. For more detailed help, contact our firm today.

Intent of Assault
In order to prove assault, the prosecutor must prove that the accused intentionally behaved in such a way that the victim had a reasonable belief that they were at immediate risk of harm. There must be evidence of this intent, such as physical gestures and/or language. A criminal defense attorney can dispute that evidence by showing:

• The accused’s behavior was misinterpreted by the victim.
• The accused’s behavior was unintentional.
• The victim’s belief that the accused acted in a threatening way was unreasonable. For example, some people have irrational fear towards people based on their appearance.
• Any alleged threats should not have caused the victim to believe they were in immediate danger.

If an accused person actually committed the assault, a criminal defense attorney can still build a defense against those charges. For example, if the accused was acting in self-defense, that could be enough to get the assault charges dropped because stopping an imminent battery is an affirmative defense. The attorney would have to prove that:

• The alleged victim was an immediate threat of violence to the accused or to another person.
• The actions by the accused went only far enough as was necessary to stop that imminent danger. If the accused continued to assault the alleged victim once there was no longer danger, then the self-defense defense would likely be ignored by the court.

Contact a Criminal Defense Attorney
It is easier to defend against an assault charge than to defend against a battery charge because there is no physical harm involved. The police or prosecutor must prove that the accused had intent to harm the victim. If you have been accused or arrested for assault, you need an aggressive criminal defense attorney who clients trust. 

Thanks to the Law Office of Daniel J. Wright for their insight into fighting against assault or battery charges.

Child Custody

When you became a parent, you likely received a great deal of unsolicited advice from loved ones, acquaintances and even strangers. When others discovered that you are navigating a child custody situation, they likely responded with the same well-intentioned, unsolicited behavior. When others chime in without being asked, it can be difficult to separate the truth from unintentionally crafted fiction. And it can therefore be difficult to know what to believe and what advice should be followed or ignored.

This reality is one of the reasons why it is generally important to consult with an experienced family law attorney early in your child custody dispute timeline. Lawyers experienced in family legal matters can easily separate fact from fiction as it applies to your family’s specific situation. If you are in need of legal assistance in regards to a child custody matter, please consider scheduling a consultation with our firm. We would be happy to answer any questions you may have and to clarify any questionable, well-meaning advice you may have received so far. Until our consultation, please consider keeping some of these myth busters in mind.

Myth #1: All Child Custody Disputes Are Contentious

Sometimes, parents have fundamental disagreements related to their child’s custody that can only be successfully decided by a judge. But most often, parents actually agree on most or all of their child’s custody agreement terms out of court. There are two primary methods that parents use in order to avoid a contentious “court battle” kind of dispute. The first is mediation and the second is attorney-assisted negotiation.

During a mediation process, each parent sits down with both their attorneys and a third-party mediator who is neutral. The mediator does not push any specific agenda or takes sides. He or she simply helps to facilitate a constructive process. Attorney-assisted negotiation allows parents to work either primarily with each other or primarily through their attorneys to settle the specific terms of their child’s custody agreement. These methods are often helpful for parents who want to avoid having the fate of their custody dispute placed in the hands of a judge.

Myth #2: A Parent’s Preference Is Paramount

When judges are called upon to settle a contentious dispute, they are bound by the “best interests of the child” standard. This standard requires family law courts to prioritize a child’s best interests over parental preferences that may conflict with those interests. For example, if a parent wants to have residential placement of a child every other week but that arrangement is seriously counterproductive to that child’s school schedule, a judge will likely overrule a parent’s preference in deference to his or her child’s best interests.

Answers to Questions About Child Custody

If you have questions about child custody matters, please do not hesitate to contact our firm. With the exception of the “best interests of the child” standard, there are few hard and fast rules that apply to child custody disputes. As a result, it is helpful to connect with an attorney so that you can be advised of your legal options according to your family’s unique circumstances. Asking questions never hurts, but failing to obtain necessary clarification from an experienced family law lawyer in Rockville, MD may affect you and your child for years to come. 

Thanks to the Law Office of Daniel J. Wright for their insight into family law and common myths about child custody battles.

Understanding Animal Abuse

Animal abuse is just as serious as child abuse. In both cases, the victim has no opportunity to speak up for themselves. 
A lot of people don’t take animal abuse seriously because they see humans as superior to animals. Nonetheless, abusing an animal is wrong and against the law. 

Animal abuse can also come in the form of neglect. Humans love to capture and keep animals as pets or companions. I have no issue with this as I have owned many pets in my past as well. However, humans rarely dedicate the time it takes to properly care for an animal. As mentioned before, most animals are like babies in the fact that they require constant attendance. They must always be fed, kept from harming themselves, and have their grooming maintained to prevent illness and disease. These things (amongst many others) are to be considered when shopping for that new Siberian husky on Craigslist. 

Unfortunately, just as some people aren’t ready to be parents, some people aren’t ready to be pet owners either. Pets are not human and can barely understand the simplest terms in our language. Therefore, it will require much patience in order to successfully train it to the perfect house pet. Patience, that some pet owners don’t have, unfortunately. Cases have come about where animals have been beaten, cut, castrated, placed in dangerous living conditions, etc. There was even a lot of backlash toward ex NFL superstar Michael Vick after he admitted to fighting dogs for-profit and feeding them dangerous material to make them more aggressive.

What would drive someone to be maliciously harmful to a helpless being is a logic that I may never understand. Good thing there are laws in place to protect them! While this is a very sad occurrence, it does happen. Should you or someone you know be facing criminal charges for animal abuse, there is a defense for you as well. It is best to speak with a skilled criminal defense attorney in the area the offense took place. Speak with a criminal defense attorney in Decatur, GA that understands animal laws in your area, and who is able to build a defense for you should you potentially be prosecuted for animal abuse.

Thanks to The Lynch Law Group for their insight into criminal law and animal abuse.

Family Lawyer

Custody cases can be difficult enough going through them for the original custody order. But when there has been a substantial change in circumstances that indicated a change in custody is warranted, the battle can be even more contentious and stressful. If a parent suspects their child’s other parent is guilty of child neglect, they have the legal right to petition the court for a change in custody.

If you are going through a custody battle, contact a child custody attorney. They can discuss your situation and decide what your best legal options are. In the meantime, the following is a brief overview of how custody laws work.

Child Neglect

Neglect of a child can be just as harmful as the abuse of a child. Child neglect is the failure to provide proper food, clothing, shelter, and medical care. A parent can also be guilty of emotional neglect by ignoring or rejecting the child. Neglect can also be the failure to provide a clean home for the child or lack of supervision. There is also educational neglect, which is failing to make sure the child goes to school.

According to national statistics, child neglect is prevalent in this country, with more than half a million children suffering child neglect by a parent every year. It is thought that number is actually much higher since it is based only on the cases where an investigation or custody filing has taken place. There are tragically many more children who are victims of neglect and those cases never get reported.

Victims of child neglect are often left with long-term or permanent effects. Some of the more common frequent physical injuries or conditions include:

• Arthritis
• Back pain
• Brain damage
• Cancer
• Chronic bronchitis
• Chronic fatigue syndrome
• Diabetes
• Functional limitations
• Heart attack
• High blood pressure
• Lung disease
• Malnutrition
• Obesity
• Stroke

There are also emotional injuries that children who are neglected can suffer:

• Alcohol abuse
• Criminal activity
• Drug abuse
• Emotional and mental health disorders
• Limited cognitive ability
• Post-traumatic stress disorder (PTSD)
• Poverty
• Social limitations
• Unhealthy sexual activity

Signs of Child Neglect

If you suspect your child’s other parent is guilty of child neglect, there are certain signs to watch for and report to your child custody attorney. These include:

• Your child complains about being hungry all the time. They may also get caught begging or stealing food or money for food
• Your child has anxiety
• Your child is abusing alcohol or drugs
• Your child is depressed
• Your child is frequently late or absent from school
• Your child is having legal problems
• Your child is having problems in school
• Your child is not receiving dental or medical care
• Your child is often unbathed or has bad body odor
• Your child is withdrawn
• Your child says the other parent is never at home
• Your child’s grades are rapidly declining

Contact a Custody AttorneyToday

If you suspect your child is being neglected, contact a legal team immediately. Having a knowledgeable and experienced family lawyer in Rockville, MD can make all the difference in the legal results. A law firm will do all they can to make sure your child is protected and safe. Call an office today to set up a free and confidential consultation with a member of a legal team and find out how they can help you get the best possible outcome available.

Thanks to the Law Office of Daniel J. Wright for their insight into family law and child neglect.

Criminal Lawyer

Traffic citations can be one of the most irritating offenses that require your time, money, and patience. Most of the time, the goal of every driver is the same, get to where you are going. The last thing you want to do while on your way, even to the grocery store, is being stopped by law enforcement for a tail light, speeding, or even more specific, an improper turn. To make matters worse, no one was hurt and you may have genuinely thought that turn was okay, there are just some laws you are not fully aware of.

We are almost all educated on how turning signals work, and when and why they should be used. If you are making a right, turn on your right indicator and the turn must be made as close as possible to the curb, as to avoid striking anyone or anything on your left. The same typically works for left hand turns but there are a few factors that make these laws slightly different. All turns shall be made as safely as possible, this is clear. If for any reason, your turn may have become less possible than possible, you may be faced with a traffic citation. To consider your turn as safe as possible you must be sure to not hit pedestrians on the street, as well as any parked or moving vehicle, this also includes avoiding construction work that may be getting done.

To make this slightly easier, there are marked lanes and traffic signals and signs to follow. These signs will tell you where a U-turn is not permitted. Or if right turns at red lights are not permitted as well. If there are no signs or traffic lights, the lanes will direct you and help guide drivers and show them where they are or are not permitted to pass lawfully. When you disregard these signs, lane markers, or lights and make an improper turn while also avoid pedestrians or other vehicles, you may be cited. With this traffic citation may come point on your license which makes it harder to receive decent insurance rates, and a court date that may force you to miss work or other planned engagements. If you have been cited for an improper lane change, there are options to avoid points or court but you should speak with a criminal defense attorney in Dekalb County, GA from The Lynch Law Group to see what they may be before making any decisions.

Reckless Driving Lawyer

Many DUI cases can get resolved with a plea bargain, which means the defendant has agreed to plead as guilty (or “not contest”) to the criminal charge. The exchange often entails getting a lower sentence or some leniency from prosecution. For example, a person arrested for a DUI may accept a plea bargain in order to get a minimized jail sentence and less fines to pay. For others, the plea deal may entail stating guilt to have the charge dropped to a “wet reckless.”

While laws vary by state and every case of an arrest is different, there are common elements among most wet reckless plea bargains. Those who have been arrested for a DUI may want to consult with a reckless driving lawyer in Hillsville, VA in their area for more information about getting their conviction lessened to a “wet reckless” instead.

Reckless Driving Defined

In general, reckless driving is defined as driving to endanger another (person or property), and being willful in operating the vehicle in an unsafe manner. Reckless driving can include behavior like weaving through traffic, street racing, driving in excess of speed in pedestrian areas, and more. In the context of a DUI arrest, the person being under the influence may be enough to categorize as reckless driving. To take this point further, the driver may not have even been driving in a sporadic way; simply being intoxicated is viewed as dangerous enough that harm could be done to people or property. 

Chances of Being Offered Wet Reckless

Prosecutors may be open to offering a wet reckless, but only in specific cases with mitigating factors or lack of strong evidence. Mitigating factors can be things like the person has no prior criminal record, he or she had a low blood alcohol content (BAC) level, and/or it was the person’s first DUI. On the other hand, if there were aggravating factors then it can decrease the chances of being given a wet reckless plea deal. If the person driving had caused significant personal injury or property damage, it is unlikely he or she will be offered a wet reckless charge. 

Benefits of Wet Reckless

As stated briefly above, the prosecution may offer a plea deal if they are concerned that they have insufficient evidence to prove charges in court. Instead of risking losing the trial, the prosecution may give the defendant a chance to accept a plea deal. The benefits of a wet reckless charge are that carries much less harsh penalties than a DUI. Usually, a wet reckless conviction means the person will still face fines and maybe even jail time too, but it will be substantially less compared to a DUI. Also, many states permit a person charged with a wet reckless to apply for their license after being suspended for a short period of time. For those with a DUI, the license may be suspended for at least 6-12 months. A DUI typically adds more traffic violation points to the individual’s driving record too, which can result in increased insurance premiums for years to come. 

Thanks to The Law Offices of Mark T. Hurt for their insight into criminal defense and reckless driving.

Criminal Defense Attorney in Dekalb County, GA

While you are always considered innocent until proven guilty in the eyes of the law, once a criminal charge has been placed on you, you are no longer free to roam as you once were. At least not without repercussions. If you are facing criminal charges, the best thing you can do while you are fighting them is to stay clear of any criminal activity. This may come as common sense to you, but many people believe as long as they do not get caught they are okay. Not only would additional charges during an ongoing investigation make matters much worse for you or the accused, but so would any type of suspicion of a crime. Much like adding insult to injury. Not only would staying away from any criminal activity help your current case, but it is also nice to avoid criminal offenses for your own peace of mind.

It is the job of law enforcement to find the individuals responsible for a crime, it is the job of the prosecution to prove these individuals committed the crime. This means, not only is law enforcement watching you, but so are prosecutors. So it is wise to remember not to speak with either without your attorney present. They do not want to see you free of charge, if they suspect you committed a criminal act, they are only trying to figure out how to prove this. And in many cases, with your encounters with them, anything you say can be used against you in the court of law, and you do not want to incriminate yourself. Especially when you are innocent.

Keep in mind it is also smart to understand that committing another criminal offense or speaking with law enforcement is not the only thing that can make your case worse while you are fighting criminal charges. The things you say and do may also affect you, much like social media. Things you say on the internet are forever, and there are several ways for anyone to gain access to your social media accounts by an alias or fake page.

Because there are people working against you when you are facing criminal charges, the best thing you can do is hire a skilled criminal defense attorney in Dekalb County, GA who will work for you. While law enforcement enforces the laws, it is the attorney that studies the law and will be able to review the details of your case and fight for justice on your behalf.

Contact The Lynch Law Group for their insight into criminal defense cases and pending investigations.

Decatur Criminal Law Lawyer

When a police officer contacts you and mentions that you should come down to the police station in regard to any criminal charges or anything at all, it is expected of you to be startled; this could mean so many things. When you receive these calls, sometimes it means they already have what they need to arrest you and are giving you an opportunity to come clean. However, in many cases, they have nothing and hope to scare you into releasing information. In the event that you are contacted by the police, inform them that you have an attorney no matter what. At this time, it is best to hire an attorney to prepare you for what may come. That is the only information you should give without an attorney present, nothing else. No matter how the officers reach or contact you or what for, have them speak to your attorney after that initial conversation. They are already likely building a case against you and it is better to be safe than sorry.

In most cases, these phone calls are being recorded and can sometimes have information that leads you to incriminate yourself. You have a right to an attorney. Remember that these detectives, and police officers enforce the law, and if they feel the law is broken they are seeking an individual that can be held responsible. These individuals take advantage of the fact that you may not understand the law, and may try to abuse that fact, so allow your attorney to speak for you. In the event that you are not a suspect of a crime, understand that they are only trying to solve a crime, be it against you or someone else. Allow your attorney to dissect any facts or lies brought forth, they will treat your attorney with more respect due to their knowledge of the law.

Law enforcement, detectives, and even your attorney expect you to be nervous when you are in communication with the police. Even if you are not guilty, understand that you are innocent until it is proven otherwise. In the event that you or a loved one has been contacted by the police, be sure to refer them to your Decatur criminal law lawyer if you have one. If you do not hire an attorney, let them know that your attorney will contact them and seek legal counsel. Many criminal defense attorneys offer free consultations and will either let you know that something is legit and you need counsel, or if you may be fine without counsel at all. 

Contact The Lynch Law Group for their insight into criminal defense cases and when the police come to you.

Decatur criminal lawyer for your defense

Taking a lie detector test may be very scary for some, especially if you do not understand how they work. It should be simple to understand the purpose of lie detector tests, to detect a lie being told. For this reason, much like speaking with a law enforcement officer without your attorney present, do not take or agree to take a lie detector test without your legal counsel present. While polygraph tests are taken sometimes for personal reasons, they are most commonly utilized in criminal investigations. These exams study and measure the individual’s heart rate, the way they are breathing, the blood pressure while they answer the questions and at which question certain changes occurred. A professional will be able to review the results and determine if any deception was indicated, deception meaning there was a lie told. The test administrator would ask questions that are pertinent to the case and use your results and answers to assist in the investigation. This test is not exactly one hundred percent accurate but does help solve a few concerns. The changes in your blood, heart, or breathing rate would help determine whether certain topics or questions were a concern for the individual taking the test.

Polygraph test results do not exactly solve crimes but the pressure they build assist in heading into the right direction, and many people are honest out of fear of being caught because they do not exactly understand how these tests work. Anxiety also causes these sudden changes and therefore may affect results. It is important to understand that just because you are asked to take a polygraph test, in most cases, you do not have to do so. This is why it is equally important to speak with a skilled criminal defense attorney when you are facing criminal charges and have been asked to adhere to a lie detector test, you may very well incriminate yourself. Remember that regardless of who asks, what they say will happen to you if you do not cooperate, and even if you do not have legal counsel, never agree without legal counsel’s advice. Also, depending on the facts of your case it may be best to hire legal counsel before making any decisions. If you or someone you know has been approached and asked to participate in a polygraph test, speak with a Decatur criminal lawyer for your defense as soon as possible so that all the best options are weighed before a decision is made.

Contact The Lynch Law Group for their insight into criminal defense cases and pre-sentences.

Criminal Defense Attorney

Whether you are considering getting a divorce, or would like to reverse a court order, our divorce lawyer can help protect your best interests. A law firm focuses on the area of family law. If you are unsure of whether or not legal representation may benefit you, we invite you to call a divorce lawyer. Because a divorce may have long lasting effects, it’s important that your long term as well as short term needs are considered, and a knowledgeable divorce lawyer has the necessary skills to help ensure a positive resolution.

The Final Divorce Decree

The divorce court phase of the divorce process is the final aspect, and one in which the judge rules on the division of property, child custody and support payments, spousal maintenance, and other issues related to the termination of the marriage. Before you sign the final decree, it’s important that your divorce lawyer has ample opportunity to review it and make sure you are clear on the terms of the agreement and that your and your children’s best interests are considered.

Common Reasons for Appealing a Divorce Court’s Orders

There are a few common reasons for why you may wish to appeal the divorce court’s orders.

1.       You believe that one or more of the court’s orders are unfair to you and/or your children. As a result, you wish to have your divorce lawyer file an appeal and request a new hearing with the divorce court. (You will most likely get the same judge so the likelihood of them changing their orders is slim. However, your divorce lawyer can provide more specific guidance based on the circumstances of your situation.)

2.       Your or your spouse’s circumstances have measurably changed since the original divorce agreement was created, and you would like those changes taken into consideration. For instance, perhaps your spouse just earned a promotion and will be earning substantially more income than up until now. Or, maybe you just discovered you’re pregnant and you need the child support payment amounts increased as a result.

The Process of Appealing a Divorce Court’s Orders

If you do not already have a divorce lawyer, though it’s not required by law to have one, it’s important. In fact, even divorce lawyers will hire legal representation when terminating their marriage. A divorce lawyer can offer non-emotional, knowledgeable guidance during an especially difficult time. In addition, a divorce court judge is more likely to take you seriously if you have a divorce lawyer representing you.

If you have reason to believe that the divorce court made an unfair ruling, your divorce lawyer can file a motion to appeal one or more of the Court’s orders. Your lawyer will also request a new hearing to evaluate the reasons for your dissatisfaction. As mentioned, you will likely get the same judge but your divorce lawyer may be able to provide compelling reasons for why the Court should reverse their original order(s).

If the Court refuses to reverse or change their previous ruling, a divorce lawyer can file an appeal with the appellate court.

To find out more about how a law firm can help you through the process of terminating your marriage, contact a divorce law firm.