The Value of Hiring an Attorney for Your Troubled Child

3 Potential Consequences Of A DWI

Posted by on Sep 8, 2016 in Uncategorized | Comments Off on 3 Potential Consequences Of A DWI

If you are facing a DWI charge, there is a chance that you are not fully aware of everything that you are facing. However, the consequences of a DWI can be pretty serious. These are a few things that you may be facing if you get convicted of this charge. 1. A Financial Hit The truth is that a DWI is not cheap. Along with potentially having to miss work in order to attend your court dates, you also have to worry about fines and fees at every turn. You could face fines and court costs when you go to court, and if you are required to take certain classes, you may have to pay for them, too. Your auto insurance will probably go up substantially, which is something that you might be stuck paying for several years after your DWI conviction. 2. Loss of Freedom Many people do not realize just how seriously the courts take DWI charges these days, but the truth is, there is a chance that you could lose your freedom because of it. Many places have required jail time for those who are convicted of DWIs, particularly in the case where you are a repeat offender. Jail or prison time can also be a concern if you were involved in an accident while drinking and driving, particularly if someone was injured or killed. Even if you are not required to serve jail time, there is a chance that you could be put on probation and required to check in with a probation officer, prohibited from possessing a firearm, and more. 3. Loss of Driving Privilege One consequence that you might be facing if you get convicted of your DWI is loss of your driving privilege. You might lose all driving privileges for a year or more, or you could be required to acquire a limited driver’s license that restricts your driving to certain hours of the day or for certain purposes, such as if you are driving back and forth to work. As you can see, there are a lot of potential consequences that go along with a DWI, so this is not something that you will want to ignore or try to handle on your own. Instead, you will probably want to hire a criminal defense attorney who has experience in handling DWI cases, such as those found at The Ryan Law Firm, to assist you with every step of the legal process. This can provide you with peace of mind and can also help ensure that your case goes as smoothly as possible when you are in...

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Can You Be Arrested For DUI/DWI When You Weren’t Actually Driving (Or Even In A Car)?

Posted by on Aug 15, 2016 in Uncategorized | Comments Off on Can You Be Arrested For DUI/DWI When You Weren’t Actually Driving (Or Even In A Car)?

A 29-year-old Washington man, who stumbled into a police station after mistaking it for his utility billing office while high, is learning a lesson the hard way that everyone should know: you can and will get arrested for a DUI if the police have evidence that you’ve recently been driving under the influence of drugs or alcohol even if you weren’t actually seen doing it. Here’s what you need to know. There are plenty of situations that can lead to an arrest even if you aren’t driving. Unlike the man in Washington, most people who end up being arrested when they aren’t even behind the wheel probably haven’t just driven themselves to the police station in a drug-infused haze. The arrest can come as a shock because they don’t realize that most DUI laws have provisions not just for drivers but also for people in “actual physical control” of a vehicle. This can lead to arrests in some potentially surprising situations: Your car breaks down on the way home, you call the police for assistance, and the officer asks if you were drinking at dinner. You knew you were too intoxicated to drive so you laid down in the car to sleep it off or fell asleep waiting on the friend you called to come get you. You’re working outside, having a few drinks, and you turn your car or truck on so you can listen to the radio while you work. You took the risk, drove under the influence, and made it home—but the bartender or a neighbor reported you and the police show up after you’re safe in bed. The police officer believes that you switched places with a sober passenger after you spotted the officer’s car. You’re the passenger and your driver, who is under the influence of drugs or alcohol, gets into an accident and ditches the car, the keys, and you. The lesson you need to take from this information is that you can still end up facing a hefty DUI charge even if you weren’t caught doing anything wrong or didn’t actually do anything wrong. Circumstantial evidence can lead to your conviction. How do the police prove that you had actual physical control of the vehicle or were actually driving while intoxicated when they never saw your car in motion? Unless, like the Washington man mentioned above, you decide to admit to your crime, the police will most likely use a combination of circumstantial and physical evidence against you: A warm engine or warm tires show that the car was recently driven. A lack of condensation on the vehicle when other vehicles nearby are covered in dew, ice, raindrops, or snow. Your access and proximity to the keys or the fact that the keys were in the ignition. Your car is in a ditch, in the middle of the road, or shows other signs of having been in an accident. Witnesses place you somewhere where alcohol was being served and claim you drove away drunk. You may also have to contend with the results of any chemical testing that was done once you were detained by the police. Fortunately, circumstantial cases can be weak, especially if you really didn’t drive the vehicle anywhere or were just the passenger. Roadside tests used by police...

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Reduce The Risk Of Criminal Defamation Suits At Your Business

Posted by on Jun 11, 2016 in Uncategorized | Comments Off on Reduce The Risk Of Criminal Defamation Suits At Your Business

If you own a business, you should be aware that you could be at risk of being named in a criminal defamation case involving one or more of your employees. Defamation is a slanderous (verbal) or libelous (written) statement about someone that is untrue. Defamation can be both a civil and criminal offense, and in the latter instance, it is a class 6 felony for which the plaintiff can sue, with damages varying by state. Here’s how you can keep defamation lawsuits at bay in your workplace. Why is it important to be vigilant about potential defamation in your company? In the good old days before mobile phones and the Internet, there were fewer means of defamation and ways to prove it. Now there are more risks to you and reasons you need to be on guard: The Internet and text messaging are used for all types of communication today, including business correspondence. This leaves a record of any libelous statements. Social media and celebrity culture may give employees the feeling that it’s okay to engage in malevolent gossip. Many workplaces allow employees to use social media at work. You could be named in a suit against an employee if it is felt your business encouraged, condoned, or otherwise made possible the defamation. At the very least, you could be hassled if your staff, records, or IT equipment are subpoenaed as witnesses or evidence. Even outside of work, many employees feel free to blog or post on social media about management, coworkers, and clients in a derogatory fashion. What can you do to minimize your risk of defamation litigation? There are a number of steps you can take as a business owner to reduce the risk of litigation: Teach employees about what constitutes criminal defamation and why it cannot be tolerated at the workplace or between coworkers outside work. Develop written policies about defamation for your company, such as employees may not write about the workplace on their social media accounts. Discourage employee gossip. Monitor business correspondence if you feel employees lack the ability to police themselves on this matter. Consider blocking social media sites on your work computers. Take any employee complaints of potential defamation seriously before they turn into litigation. Consult a criminal defense attorney to conduct a workshop for employees and to ask how to further minimize your risk of lawsuits, especially if you already have a customer or employee that has mentioned suing for libel or slander. Ask an attorney who specializes in defense against defamation suits about whether your company’s insurance policy is sufficient to cover any damages in the event of an unfavorable legal outcome against you. You’ve worked hard to build your business. Don’t let a defamation lawsuit ruin it for you. Follow the steps above, consult an attorney, like Charles P Dargo or a similar lawyer, for advice, and you can both reduce your risk of litigation and create a healthier workplace...

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Have An Upcoming Court Date For A Criminal Offense? Lower Your Stress By Doing These Things

Posted by on Apr 11, 2016 in Uncategorized | Comments Off on Have An Upcoming Court Date For A Criminal Offense? Lower Your Stress By Doing These Things

An upcoming court date for a criminal offense is likely something you are not happy about. The feelings of stress can be uncontrollable because you don’t know whether you’ll have to go to prison or not. However, here are still some things you can do that will help you to manage the stress in an effective way. Make an Effort to Sleep If you are facing jail time it is natural that you would be uncomfortable and unable to relax. However, it is important that you make every effort to get at least some sleep every night. If you don’t, you are likely to become even more anxious than you already are. You might want to talk to your doctor about sleep aids they may be able to prescribe so that you are able to fall asleep. Stay Away from People Related to Your Trial You might be so stressed out about the court date that you might want to take action you think will be helpful. For instance, you may want to go and find out what a friend will say about you during their testimony, or you might want to interact in another way with people who are related to your criminal trial. However, this can be a very bad idea. There is no way to prevent a fight, and you don’t want to be accused of harassing or threatening a witness; leave all contact to your criminal defense attorney Plan for Any Outcome When you plan for anything that could happen, the stress you feel may be more manageable. Thinking about what might happen if you’re convicted may be the last thing you want to do, but it could help lower your stress a little if you come up with a plan. For instance, you might be able to appeal the conviction. Research what daily life would be like in prison. Fearing the unknown is sometimes worse than the reality, and the important thing to remember is that you can still make choices that affect your life positively even if you do have to be incarcerated for a time. It will lower your stress even more if you start thinking about all the things you’ll do if you are not convicted. Coming up with a specific list of things you’ll do can help you envision them and feel somewhat hopeful and positive. Let the information above guide you toward actions that help decrease the stress of a pending court date. Ask your attorney for more ideas about how you should handle this time period. If you don’t currently have an attorney, contact a lawyer, such as Thomas A Corletta.  ...

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Deciding To Settle With An Insurance Company Or Go To Court

Posted by on Jan 20, 2016 in Uncategorized | Comments Off on Deciding To Settle With An Insurance Company Or Go To Court

When you get injured in a car accident, the insurance adjuster who handles your claim is not employed to take care of you. They are hired to keep the insurance company profitable, which involves keeping your payout as low as possible. Still, it is often best to settle with an insurance company even if they decide to pay you less than you claim, but there are also times when you may get a better payout if you go to court.  How to Handle an Insurance Company In order to get a good payout, you need to gather as much evidence as possible and remember these key features: 1. Even if you don’t feel hurt right after an accident, you should still have yourself checked out. If you feel a little sore, but wait to go get yourself checked out, you will have a hard time proving that your injuries were a direct result of your accident or a result of what happened after.  2. Keep track of all of your medical bills that result from accident-related injuries, pay stubs to show how much money you missed out on at work, and any other documents that could quantify how much money you have lost as a result of your accident.  3. Don’t expect insurance companies to pay too much attention to your claims about pain and suffering since they typically use an arbitrary formula for determining how much to pay for pain and suffering.  Preparing a solid case is the best way to maximize your payout and strong cases have their foundations in solid evidence. To maximize your payout, take the time to build a strong case because dealing with your insurance company should be quicker than taking a case to court.  Should You Go to Court? When you go to court, you will need to impress a jury, who might be more sensitive to your plight, which means they may decide to award you more for pain and suffering than an insurance company would. You will still need the same evidence you would need to give to an insurance company. Because there is the potential for a higher payout, you may decide to go to court if you feel like an insurance company is giving you a lowball number. However, you need to remember that some insurance companies will base their claim on how strong they think your case is. Thus, if they think you would do well in court, they will pay you a higher number, and if they think your case is weak, they will offer you a lower number. Discuss your case with a lawyer to determine if you have a strong case to take to court.  To determine whether you should go to court or settle with an insurance company, you should consider hiring a personal injury lawyer. Based on experience and legal training, a lawyer will be able to advise you which way to go and help you get the best results...

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You Can Be Prosecuted For Destroying A Letter

Posted by on Nov 30, 2015 in Uncategorized | Comments Off on You Can Be Prosecuted For Destroying A Letter

If you receive someone’s mail, you now have the legal responsibility to make sure that you do not prevent the mail from arriving to its intended recipient. There are several ways to avoid prosecution. However, if you do destroy someone’s mail, you will need a criminal defense attorney who can help you craft a defense. Accidentally Opening A Letter You may open the letter accidentally believing that it is addressed to you. However, if you immediately close the letter, write “return to sender” and place the mail inside the nearest mailbox, you will not have committed a crime because you will not have prevented the mail from reaching it’s intended recipient. Promptly sending the letter will suggest that you did not intend to open it. Destroying A Letter Throwing away a letter that was addressed to someone else is considered to be a crime. If the letter is junk mail, it is unlikely that you will be tracked down and prosecuted. However, throwing away more important mail might lead to you being prosecuted. If the individual whom the letter was addressed to discovers that you destroyed his or her mail, that individual might contact the postal inspector general. Then, the postal inspector general will determine if your actions are severe enough to prioritize an investigation into the matter. Preventing Mail Intended For Someone Else If you have recently moved into a new apartment, you may receive mail that is intended for the previous tenant. Check your mailbox to make sure that it has been updated to include your name. If not, be sure to request this change so you will be less likely to receive mail not addressed to you. Another way to reduce the odds of you receiving the wrong mail is to write a formal complaint to the post-master. This will increase the odds that the mailman will be informed not to send the letter to you. Forwarding Mail When you know the new address of the individual who has sent you mail, you can choose to forward the mail to him or her. Cross out the original address. Then, write the new address next to it. Write “forward to.” Place the mail inside a nearby mailbox. Constructing A Criminal Defense If you are accused of illegally destroying mail, you will want to contact a criminal defense attorney. He or she will investigate the situation and will then craft a defense that can be used to prove that you did not intentionally destroy the mail or even cast doubt on whether you were the one who destroyed the mail in the first...

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4 Reasons To Have A Criminal Defense Lawyer On Your Side

Posted by on Aug 26, 2015 in Uncategorized | Comments Off on 4 Reasons To Have A Criminal Defense Lawyer On Your Side

If someone is accusing you of committing a crime and you’re facing legal actions, it’s in your best interest to get into contact with an experienced lawyer. It can be stressful and scary having to navigate the legal system alone, especially if it’s your first time doing so. There are a number of ways in which a criminal defense lawyer can help you. Take a look at the following information to better understand the reasons as to why you should have a criminal defense lawyer on your side. Bring in Witnesses In some cases, there may be witnesses who are able to prove that you did no wrongdoing. It can be difficult to locate and communicate with these witnesses on your own. Instead, your lawyer will be able to find the right witnesses and will communicate with them during your case. This may be able to prove your innocence and greatly alter the results of your case.  Examine the Evidence Against You The evidence that is being used against you may not be accurate. This means that you could be judged on information that is not true or full in detail. If you’re looking for help to clear yourself of being accused of a crime, a lawyer can work to carefully examine this evidence to make sure that it’s accurate.  Aim for Alternate Sentencing Options When it comes to punishment for criminal cases, there are a wide variety of options. Not everyone will have to go through county jail or a state prison. In some cases, you may be able to quality for other options such as house arrest, probation, or a combination of the two. This can make it possible for you to continue living a normal life, without having to disrupt your routine to go to jail for a significant time period. Your lawyer will fight to try to get you an alternate sentencing that is fair.  Have a Conviction Removed from Your Criminal Record If you have a criminal record, it can seem impossible to find housing, a job, or to take part in a number of opportunities. You may feel like your life is completely over. The good news is that you may be able to have a conviction removed from your criminal record. A lawyer will work hard to try to wipe your slate clean or lessen what is able to be seen publicly. This can help you have better chances of taking part in future opportunities.  As you can see, it’s very worthwhile to have a skilled criminal defense lawyer on your side. If you have any legal questions, or if you’re ready to discuss your case in greater detail, contact a local criminal defense lawyer...

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Mandatory Minimums In Criminal Charges: What They Are And What You Can Do About Them

Posted by on Aug 15, 2015 in Uncategorized | Comments Off on Mandatory Minimums In Criminal Charges: What They Are And What You Can Do About Them

No matter how you feel about mandatory minimums, they’re still a reality. If you don’t know what they are and how they work, they can come as quite the surprise if you’re facing a criminal charge. What Mandatory Minimums Mean For You A mandatory minimum is a sentencing technique whereby you receive a prison term of set length. The key to mandatory minimum sentencing is the word “mandatory.” That means even if the crime seems petty or exists on the lower end of the spectrum, you will still receive at least what the minimum sentence is. For example, various types of drug charges come with a mandatory minimum. So, hypothetically, if the minimum is five years in prison, you will receive five years in prison, even if you’re found with only a miniscule amount of the drug. There are federal mandatory minimums, but each state may also have its own list of mandatory sentences. When dealing with a charge that carries a mandatory minimum, it’s rarely possible to receive anything less than the mandatory minimum if convicted. In general, mandatory minimums often apply to the following: Drug charges Gun related charges Sex crimes Some violent crimes DUI/DWI charges sometimes fall under mandatory minimums as well. Bypassing a Mandatory Minimum Sentencing Unfortunately, there are very, very few ways to bypass a mandatory minimum. In most cases, if convicted, you will receive the mandatory minimum and possibly even more time on top of it. For federal cases, there are two ways to bypass a mandatory minimum. Substantial assistance/cooperation (with downward departure) and the “Safety Valve” program Both of these things are extremely difficult to use in your defense, but they still represent a small possibility. It’s possible for some state’s with mandatory minimums to have similar ways to bypass said minimums, but it’s not a given. Speak to an Attorney Immediately You should speak to a criminal defense attorney, like Russ Jones Attorney At Law, for any criminal charge, no matter what it is. If you’re facing a charge with a mandatory minimum sentence, then it’s especially important that you speak to a legal professional. There’s no guarantee, but a lawyer is your best chance to achieve one of the following outcomes: Have the charge dropped Have the charge reduced Receive the mandatory minimum and no more Also, a lawyer that practices in your area will know if there are any ways to bypass the mandatory minimum. These minimum charges can seem bleak and grossly unfair. Unfortunately, they do exist, and it’s easy to become entangled in the system because of them. Speak to a criminal defense attorney about your...

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Not Drunk, But The Breath Test Showed Otherwise – What Caused It?

Posted by on Aug 12, 2015 in Uncategorized | Comments Off on Not Drunk, But The Breath Test Showed Otherwise – What Caused It?

In the war against drunk driving, the breath test is oftentimes used to determine if a driver is under the influence of alcohol. Although this tool can be effective, it can also provide the law enforcement officer with an inaccurate reading, causing an innocent driver to be arrested and charged with a DUI. So, what can cause a false positive breath test result? Equipment Maintenance Breathalyzer machines are required to be maintained and calibrated regularly. If the equipment has not been calibrated as often as required by law, or has not been maintained properly, it could very well result in a false positive reading. Environment Believe it or not, the environment in which the breath test is given could have an impact on how accurate the results are. If the test is given along the road, the exhaust from a passing vehicle could be enough to cause an inaccurate test result. Smoking Cigarette smoke can actually be a contributing factor to a false-positive result. When the tobacco is metabolized in the system, the liver produces a chemical that is registered by the breathalyzer machine as alcohol, when in reality, it is acetaldehyde. Diet Diets that are high in protein and low in carbohydrates can trigger a false positive reading on a breath test. This is because this particular diet causes hypoglycemic conditions in the system which will cause an increased reading of alcohol in the system. Diabetes If you suffer from diabetes and your blood sugars are low, a false positive reading could occur. This is also caused by the hypoglycemic conditions of the blood. This is due to the body’s creation of acetone. Mouthwash Mouthwash contains high levels of alcohol. If you are given a breath test shortly after using mouthwash, a positive reading will occur. Belching If you had an alcoholic beverage earlier in the day and you belch directly before the breath test is administered, your test results could come back as positive for high levels of alcohol. This is because the air released from your stomach can carry the alcohol that has not been digested yet into your mouth. It then layers the inside of your mouth with the gas and causes your breath sample to come back as positive. If you feel as though you have been falsely charged with a DUI due to inaccurate breath testing, talk with a DUI lawyer like Kayle Jackson. He or she may be able to help get the test results removed from court records and possibly get the charges reduced or thrown...

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How To Interact With Police Officers

Posted by on Aug 8, 2015 in Uncategorized | Comments Off on How To Interact With Police Officers

Recent events have demonstrated that misunderstandings about traffic stops are leading to serious confrontations. Most law enforcement officers are caring professionals who will treat you with respect and courtesy. You should respond in kind, even if you feel you have been stopped in error. If you are pulled over by a police officer for any reason, you need to keep your cool and follow a few guidelines.  Pull Over Quickly When you see a police car with lights flashing behind you, pull over as fast as you safely can. Some confusion exists about this issue because drivers have been advised to pull over in well-lit areas to avoid being robbed or assaulted by police impersonators. However, waiting to pull over has led to some drivers being arrested for fleeing the authorities. If you are unsure about the validity of the officer, some police departments recommend calling 911 to confirm that you are legitimately being stopped. Stay Calm Do not become flustered and forget to follow basic driving rules, a real danger since your body reacts to fear in 1/10th of a second. Make certain to signal your intentions and do not stomp on the brakes, otherwise the officer may rear-end your vehicle or have to stop abruptly. Do pull as far to the right as you can so that the officer does not have to worry about being struck by passing vehicles. Turn off your car, roll down the window, and keep your hands on the steering wheel where the officer can see them.  Be Polite No matter how angry or scared you may feel, do not be rude or confront the officer. Politely ask why you have been pulled over. Do not apologize for any driving infraction since doing so can be considered an admission of guilt if your case goes to court. Keep your hands on the wheel until the officer indicates that you can remove them.  Provide Documents According to the ACLU, when you are pulled over, you need to provide your license, registration, and proof of insurance when you are asked to do so. If an officer asks to search your car, you do not have to consent. If the officer feels that evidence of a crime can be found in your vehicle, he is legally entitled to search it without your permission.  Remain Silent Even if you are stopped for a traffic infraction, you still have the right to remain silent as do your passengers. If you are not the driver, you can inquire if you are free to leave. If the officer says you are not, you should sit silently until you are allowed to leave.  Contact An Attorney If you are arrested, do not resist, no matter what. Also, invoke your right to an attorney. Do not answer questions on your own. Many people end up in trouble because they carelessly answer questions without legal representation.  During a traffic stop, do everything you can to avoid escalating the situation. Be polite but exercise your rights. If everyone remains calm, the situation can be peacefully resolved. Visit a website like for more...

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