What To Do In The Event Of A Traffic Accident

Being involved in a traffic accident can be one of the most stressful events you’ll ever experience, and whether it was your fault or not, you need to be aware of your legal rights as well as knowing what to do both at the scene of the accident and afterwards.

After all, depending on the circumstances, you could be subject to motoring prosecution for careless or dangerous driving, for example, and you may need to make a personal injury claim for compensation.

Either way, here are a few basic tips to make sure you do everything by the book.

At The Scene

The first thing you need to do after a road accident has occurred is – quite obviously – stop. Even if you weren’t directly involved in the incident yourself, if you saw what happened you could end up being a key witness. Your next priority is then to check if anyone has been injured and call for the necessary emergency services – an ambulance for people needing urgent medical attention, and also the police if the road has become blocked or if anyone has fled the scene.

You’ll then need to start gathering information: exchange details (name, address, phone number, vehicle information, insurance information etc) with every driver involved in the accident, as well as gathering the same details (minus insurance info) from any witnesses. It will also be incredibly useful to write down as many details of the accident as possible (note them on a phone or in a notebook if you carry one in your car). This can include the time of the accident, the weather and road conditions, exact location (including street names), damage to the vehicles and information concerning skid marks. It can also be very helpful to make a sketch of the scene of the accident or take photos if you have a camera or camera phone with you. Any type of evidence will come in handy later for insurance claims or if judicial action is required.

After The Initial Accident

You’ll obviously need to inform your insurance company if any damage was inflicted on your or someone else’s vehicle, and if the police ask for a valid insurance certificate (this can also be requested by other people involved in the accident), one must be produced either immediately or taken to a local police station within seven days of the accident. It is worth noting that if the police suspect a crime has been committed, they can check the insurance information of a certain car or driver using a database, and can seize the vehicle if it is being driven while uninsured.

Seeking Professional Help

Of course, this is just a very brief look at your rights and what you should do in the event of an accident. For more information concerning road traffic law – or if you want to proceed with legal action due to a road accident – a specialist solicitor will be able to help you, whether you are the victim of someone else’s dangerous driving or if you were involved in an accident where you were at fault. A firm that has experience in road traffic law will be able to impart their knowledge on this legal area and give you professional advice on what to do next.

What is the procedure for a criminal trial?

Knowing how criminal trials operate

One of the first things you might wonder, regardless of whether you are charged with a misdemeanor or a felony, is “What can I expect from the criminal trial process? The criminal trial process can be frightening and perplexing for many people. If you are accused of a crime, it is beneficial to have a solid understanding of the criminal trial procedure so that you can get ready for what is ahead. The common elements of a criminal trial will be reviewed in the following. It is a good idea to seek the advice of an accomplished criminal defense lawyer if you are facing charges.

Arrest

When a law enforcement official has probable reason to support an arrest warrant or witnesses someone committing a crime, an arrest is made. Following an arrest, the person will be placed under arrest by the police. The next step is for the person to appear before a judge, which usually happens 24 hours after the arrest.

First Observation

When someone makes their first appearance before a judge, it’s called an initial appearance. A judge will read the charges against the defendant and go over some of their fundamental rights during this meeting. Whether the person should stay in jail or be released on bond will be determined by the judge. A preliminary hearing will be scheduled by the judge during the initial appearance.

Preliminary Hearing

A judge will decide whether there is reasonable cause to believe that a person committed the alleged offense during a preliminary hearing. Any witnesses the prosecution calls will also be subjected to a cross-examination by a criminal defense lawyer. A grand jury may occasionally be called by the prosecution to demonstrate that there is enough probable cause.

Arraignment

The arraignment process involves an individual’s decision to plead either guilty, not guilty, no contest, or another special type of response like an Alford plea. During the arraignment process, the judge will review the bail amount and set the next court date.

Trial

If a person decides to plead not guilty, the case will proceed to trial. The trial will occur in front of a judge and/or jury. At trial, you have the constitutional right to decide if you want to testify. The prosecution will also present witnesses as well as introduce evidence that shows you committed the offense in question. Your criminal defense attorney will respond by challenging the testimony and evidence presented by the prosecution. At the conclusion of a trial, a judge or jury will reevaluate the evidence and decide whether the prosecution established that you satisfied each element of the charged offense.

Sentencing

Within 30 days of pleading guilty or being found guilty, a judge in a court of law will conduct a sentencing hearing. The judge during this time will determine the punishment that the convicted individual will face.

The Levels Of Federal Courts

Since the creation of the United States, the federal system has evolved. The federal court system began with Article III of the Constitution, which acknowledged that the primary judicial power in the United States rested in the Supreme Court. The Constitution also gave Congress the ability to create courts “below” the Supreme Court as necessary.

As a result, there are three levels to the current federal court system:

District courts. These 94 courts are where federal cases are tried. Judges elected to these courts serve eight-year terms. Primarily, these courts handle criminal cases including the setting of bail and issuing of search warrants.

Appellate courts. There are 12 circuit courts in the United States, which were created by Congress to reduce the Supreme Court’s caseload as well as to hear cases from the 94 district courts.

The Supreme Court. The Supreme Court is the highest court in the country.  

Executive branch courts. Not actually part of the judicial branch of government, there are a number of federal courts tasked with hearing a number of unique cases including taxes, veterans claims, and armed forces issues.

Selecting A Skilled Appellate Lawyer

It is often a good idea to ask your trial lawyer if he or she has any recommendations for who might be able to provide strong appellate assistance. You might also ask your friends if they can refer an attorney who can provide strong assistance in navigating an appeal. A recommendation, however, should not be enough to satisfy your search for an appellate attorney. Instead, it is critical to ask a number of questions about the skills of a potential appellate attorney. Some of the factors to consider include how long the appellate attorney has been practicing and the degree to which the attorney focuses on criminal appeals.

In addition, it’s important to look at an attorney’s track record of success in handling criminal appeals. The appellate process is extremely complicated and requires a different set of skills than representing a defendant at trial. When you talk to a lawyer that you are considering retaining for your appeal, you should ask about his or her law school experience, whether he or she has practiced in the United States Courts of Appeals, and whether he or she has obtained favorable court decisions in the past.

There is a substantial variety in the appellate skills of lawyers. Because a small number of criminal appeals are successful, it is vital to obtain the assistance of the best criminal appeals lawyer possible. While a good appellate lawyer can increase the chances that your case resolves in a positive manner, a less than stellar appellate lawyer can negatively impact the future of your case.

What Is Drunk Driving?

There’s nothing wrong with having a few drinks to take some of the load off after a hard day’s work or kicking back with some buds on a Friday night. However, no amount of stress relief is worth risking your life and the lives of others.

Drinking and driving is a serious offense for a good reason: people die from it all the time. Drinking and driving is sometimes called driving under the influence (DUI) or driving while intoxicated. It involves operating a motor vehicle with a blood alcohol content level of .08 or above.

However, even BAC levels below this can be dangerous in driving situations. Some drivers might not even exhibit intoxication while operating but that doesn’t mean it’s any less risky.

How Alcohol Affects Driving Ability

Every day, an average of 28 people die from drunk driving-related accidents. But why? So many people get injured or die in drunk driving accidents because the substance impairs brain function, thinking, reasoning, and motor functions. All these abilities are essential when operating a machine.

As a person’s BAC rises, so too do the effects of alcohol on that person, causing them to make increasingly ill-advised decisions and compromising their ability to operate a motor vehicle. People absorb alcohol through the walls of the small intestine and it passes into the bloodstream. Once it hits the bloodstream, its impairing effects start to take hold.

Best way to get your case dismissed

Ways to get your case dismissed

You might be surprised to learn that not every defendant who is charged with a crime will end up in a trial or accepting a plea. Instead, some cases end up dismissed by either a court of law or the prosecution. One of the first steps that many criminal defense lawyers take is to determine whether there are any grounds on which a case can be dismissed. The following will review some of the most common grounds for obtaining a dismissal.

Lack of probable cause

To arrest an individual, law enforcement must have probable cause to believe that an individual committed a criminal offense. Law enforcement is prohibited from arresting an individual merely on a gut feeling. If you are able to establish that the prosecution does not have a sufficient amount of evidence to suggest that probable cause existed to arrest you, it is possible to obtain a dismissal of your charges.

Errors in criminal complaints

As part of writing a criminal complaint, a law enforcement officer is required to sign the document under oath and attest that the contents of the document are truthful. If a complaint is improperly written and submitted to the court, the prosecution might be required to dismiss the complaint that is initiated against you.

Illegal searches or seizures

Law enforcement is permitted to stop a vehicle or person only under certain conditions. If a law enforcement randomly stops a vehicle without sufficient cause, the stop will subsequently be classified as illegal because it violates the driver’s constitutional rights. In regards to searches, law enforcement can only perform a search if they have a lawful search warrant or an exception to the search warrant requirement applies. If law enforcement does not satisfy these requirements, any evidence that is seized from a search is likely to be classified as unconstitutional and can not be admitted in a court of law. If either a search or seizure was unlawful, a person will likely be able to obtain a dismissal of the case.

Insufficient evidence

If a person is arrested and faces pending criminal charges, the prosecution must establish that there was probable cause to believe that a person committed a crime. Similar to arrests, the evidence must show law enforcement’s basis for believing that a person committed a crime. If there is a lack of sufficient evidence to support the prosecution’s charges against a person, it is often possible to obtain a dismissal because there is not enough cause to move forward in the case.

Contact an experienced criminal defense lawyer

A criminal defense lawyer has the ability to evaluate a criminal case as well as the various available evidence to determine your available strategies to obtain a dismissal. At the Betty Blackwell-Austin Criminal Defense, we have helped a number of people successfully have their case dismissed. 

Reasons to appeal a criminal case

Receiving a criminal conviction is not always the end of the road. While it might seem like it is, a criminal conviction often begins the process of deciding how to create a successful appeal, which involves questioning a court’s legal basis for making a decision. There are a number of ways in which an appeal can be used to show that an error in judgment was made. Short of the most obvious factual errors, appellate courts rarely view the facts associated with a case to determine if any factual errors were made. Continue reading to learn about the various reasons to appeal a criminal case.

8 Reasons to appeal a criminal case

The purpose of this article is to discuss some of the most common reasons to appeal a criminal case. To create a successful appeal, a lower court’s errors must be material in nature or of such a degree that the errors affect the outcome of a person’s case. 

False Arrest

If a person was falsely arrested for an offense, there is a strong legal defense to a conviction on which an appeal can be based. False arrest is found to occur when law enforcement arrests an individual without probable cause for a warrant or when an arrest does not fall into one of the many warrant exceptions. 

Incorrect Jury Instructions

At the end of all criminal trials in which a jury is involved, a judge will provide jury instructions that describe the manner in which jurors are to handle the applicable law as applied to the case being heard. 

While many judges are able to skillfully handle jury instructions, this is not always what happens. When a judge fails to inform a jury about how the law should be applied or fails to include all of the law applicable laws for a verdict, an appeal can likely be created. 

Improper use of evidence

Prior to nearly every criminal trial, a hearing occurs, at which time it is decided what evidence will be allowed in a trial. While the prosecution and defense will have different arguments about what evidence should be let in, these matters are ultimately resolved by a judge. 

In some cases, however, judges make improper decisions regarding the use of evidence and either exclude proper evidence or allow improper evidence to be used. In these situations, it is possible to bring the error of how evidence was handled upon appeal. An appellate court will then be tasked with reviewing the evidence in a case and making a decision about whether the lower court committed a legal error in handling the evidence.  

Even if it is decided that it was an error for a judge to allow evidence into trial, an appellate court must then decide whether the error was substantial enough to affect the outcome of the case.

Lack of adequate evidence

To convict a person of a criminal offense, the prosecution must establish that a person committed each element of the offense beyond a reasonable doubt. If a person is convicted of a criminal offense as a result of insufficient evidence, it is possible to create a strong appeal. 

In many situations where a person was convicted of an offense based on inadequate evidence, this is an indicator that a jury made a decision to conviction as a result of either emotions or prejudice. 

While errors in handling evidence are known to occur, these appeals are frequently difficult to obtain. Often, these appeals are only possible to obtain if it can be demonstrated that the weight of the evidence in a case did not support a guilty verdict and that another factor led to a court’s decision.

Juror misconduct

Being a juror is not a responsibility to be taken lightly. Instead, jurors must observe a number of rules designed to make sure that they reach an impartial decision. 

Unfortunately, juror misconduct is known to occur. If it can be demonstrated that a juror acted inappropriately in reaching a decision to convict, this can form the basis for a strong appeal. 

Unlike some of the other reasons for criminal appeals, juror misconduct appeals are fairly common. Some of the most common examples of how jurors can act inappropriately include inappropriate communication between jurors and witnesses or attorneys. 

Sentencing errors

The sentencing phase is frequently complex and can result in sentencing errors. The type and number of offenses, as well as previous criminal convictions, impact the way in which a person is sentenced. Based on the offense involved, there are also a number of unique rules that judges must follow during the sentencing phase. 

Unfortunately, errors handling all of this information are known to occur and can lead to robust appellate strategies.

Ineffective assistance of counsel

In accordance with the law in the United States, every individual has the right to counsel. There is also a right to counsel who will provide effective representation. When reviewing cases, appellate courts have traditionally allowed attorneys to have great discretion in the strategies that they decide to employ during a trial. 

A defendant must demonstrate that a lawyer’s conduct prejudiced a person to the degree that it affected the outcome of a case. Some of the most common examples of ineffective representation by counsel include failure to introduce adequate evidence or failure to motion for a mistrial while misconduct by jurors or the prosecution was occurring. 

Unethical acts by the prosecution

Unethical acts by the prosecution can result in the grounds for a strong appeal. Similar to other appellate grounds, a person must demonstrate that unethical acts by the prosecution were to such a degree that they influenced the outcome of a case. 

Most commonly, this misconduct includes prosecutors who made inappropriate comments during the trial or who intentionally misstated the law. In response to the unethical behavior of this nature by the prosecutor, judges will often attempt to cure the situation by instructing the jury to disregard comments that were made by the prosecution. 

Learn about your appeal options in a criminal case

Understanding reasons to appeal criminal case is complicated and the criminal appellate process can be challenging to navigate. If you need the assistance of an experienced criminal appeals attorney, do not hesitate to contact the Law Office Of Betty Blackwell today to schedule a initial consultation.

Effects a DUI Can Have on Your License

(US criminal law) Being convicted of a DUI comes with many consequences, but one of the most overlooked is the effect a DUI conviction can have on your driver’s license. From the loss of driving privileges to points being added onto your license and more, being convicted of a DUI can truly wreak havoc on your ability to enjoy your vehicle for life.

Loss of Your Driver’s License

One of the most common penalties for DUI is the loss of a driver’s license for a predetermined period of time. In most states, even before you are convicted, your driver’s license can be temporarily suspended pending your trial. If convicted in court, you may then lose your driving privileges for a period of months or even years, depending upon the circumstances surrounding your case. If you have been convicted of multiple DUIs within a specified time period, some states may even revoke your driving privileges for life.

Points Added onto Your Driver’s License

Like virtually all other traffic infractions, a DUI could mean points being added onto your driver’s license. Most states have a points system in place for driving offenses, and once a driver receives too many points on their license due to traffic violations, they may face penalties, including the suspension of their driving privileges. Having too many points on your license can also affect your insurance premium costs and other vehicle-related expenses.

Lifelong Labeling

In most cases, a DUI conviction will also mean that you will have to have a special mark or notation placed on your driver’s license that denotes your prior DUI offense or offenses. This mark may be on the front or back of your license, and in virtually all cases, it will stay there for life. Having this label on your license is meant to identify you easily to law enforcement, but it may also bring great shame and embarrassment when you need to provide your license to others.

If You’ve Been Arrested

As a result of these harsh potential consequences, it’s important to protect yourself if you’ve been arrested and charged with a DUI, and one of the best ways to protect yourself in these cases is to partner with a criminal defense attorney. They are attorneys who specialize in DUI cases and will often have special knowledge as well as experience in investigating DUI-related arrests and criminal charges. Having this experience can mean the difference between being convicted and being found innocent. According to our car accident lawyer in Austin, a criminal defense attorney can examine all aspects of your case, including how your arrest was conducted, whether the testing equipment used against you was calibrated correctly and more.

Finally, it’s important to remember that you can avoid a DUI entirely simply by not drinking and driving. If you’re planning to go out and drink, always have a plan to get home safely. This may mean bringing along a designated driver, or it may mean using a taxi cab or public transportation. If you have been out drinking and you realize you’ve had too much to drive, call a friend or family member to come and pick you up. Whatever you do, don’t get behind the wheel. Remember, if you drink and drive, it may be the last time you drive your vehicle for a very long time.

The Complexities Of Teen Crime

The justice system in this country is designed to separate juvenile offenders from adult criminals. Young offenders are jailed and tried in a different court system than adults who have broken the law. While most jailed adolescents are released back into the public by the time they turn 21, if not sooner, most parents want to keep their children out of the justice system altogether. When they set out to protect their children from committing crimes, parents are encouraged to remember the impact of their children’s offenses and how these acts can impact their future, as well as that of the entire family.

Disruption Of The Family

Many young people do not have the maturity or the forethought to remember that their actions impact more lives than their own. Parents, however, do have this level of forethought and therefore are encouraged to do everything they can to educate their children about the far-reaching consequences of even the most seemingly harmless acts.

For example, a teen who steals another kid’s cell phone does not just put himself or herself at risk of being thrown out of school and arrested. If that young offender is arrested, they disrupt their family’s life and home. Parents should always try to remind their children that every action can greatly impact their present lives.

Interruption Of Their Education

Young offenders also take for granted how their actions can impact their education. They may not realize that even minor crimes can interrupt their current educational pursuits. Kids need to be reminded that if they commit a crime and are arrested, the justice system will more than likely require that they are withdrawn from their present school and placed in a correctional facility. Their education will continue while they are in jail; however, these young offenders will no longer be around their friends, no longer enjoy extracurricular activities and no longer be able to participate in sports. They sacrifice the best parts of their educational experiences when young people commit crimes.

Guiding Kids Away From Crime

Parents are not helpless when it comes to steering their children away from crime. Even if they work two jobs and have extremely busy lives, parents can lead their children toward a happy future by knowing about every aspect of their children’s lives. They should know who their kids’ friends are, where they spend time when they are not at school, what kind of music and TV they watch, monitor their time on the computer, and be vigilant for signs of criminal activity inside and outside their home.

Parents can also lead by example by refusing to affiliate with others who engage in criminal behaviors and by enforcing the rules in their homes. Having strict boundaries, researching online about teens and criminal behavior at sites, and following through on punishments can be a great way for parents to show children that all of their actions have consequences and that the adults in their lives only want the best for them.

Teenage crime can be a complex matter that impacts every aspect of a family’s life. Parents can guide their kids toward a life of happiness and productivity by imparting these lessons early and by remaining vigilant about what goes on inside and outside their homes.

Mandated Treatment: Is it Helping?

If a person is convicted of a crime stemming from an incident when they were under the influence of drugs at the time — and have no previous convictions, are addicted to drugs or alcohol, are willing to comply with a court mandate, and are willing to plead guilty to the crime — they may be able to avoid prison by agreeing to enter a mandated drug rehabilitation program instead. Their case may be transferred to a drug court, where the convicted will avoid jail by agreeing to serve a rehabilitation sentence instead.

Whether or not court ordered rehab works is up for debate, as many argue that rehab must be voluntary, not mandated, in order to be effective. However, certain research proves the contrary: that participants of forced rehabilitation do just as well or better than their voluntary counterparts.

Data on Effectiveness of Mandated Treatment
The National Criminal Justice Reference Systems has published data supporting the use of court-order rehabilitation. Before detailing the why of how forced rehabilitation works, it is essential to look at the hard numbers. In a study that examined 11 separate cases of compulsory substance abuse cases, the outcomes of these cases suggested that use of the criminal justice system was an effective means of treatment. Out of the 11 cases that analyzed the relationship between legal coercion and treatment outcomes, four reported no behavioral differences after treatment, two cases had a negative outcome, and five –the majority– reported a positive outcome.

Why Mandated Treatment Works
In the same report mentioned above, researchers concluded that one of the main reasons mandated treatment works so well is the fact that ‘mandatory’ is not synonymous with ‘involuntary,’ suggesting that many people who enter rehabilitation programs on a court order desire to participate in the programs regardless of their court sentence. In a study of male inmates in Texas, 50 percent of surveyed inmates stated that they would be interested in participating in a drug or alcohol rehabilitation program even if it meant extending their prison stay by three months.

Another study showed that clients who enter treatment under suggestion (not requirement) from the judicial system would have perhaps sought treatment anyway, with 39.8 percent of clients stating that they think they would have entered treatment regardless. For those clients who entered treatment as a requirement from a court mandate, 42.6 percent reported that they think they would have entered rehab without pressure from the judicial system.

The role of internal motivation is incredibly important when talking about drug or alcohol rehabilitation. While some entering court ordered rehabilitation might not be internally motivated right away, the program may still work. With time, patients can become more accepting of their addictive tendencies, and more willing to submit themselves to treatment.

Conditions for Ensuring Effective Treatment
While data has shown that court-mandated drug and alcohol rehabilitation is just as effective as voluntary rehabilitation, researchers have found that this effectiveness is conditional to the following terms: the period of intervention should be lengthy, ideally between 3-9 months; treatment programs should provide a high level of structure and include psychiatric services, vocational training, and GED options for clients on an individual basis; programs must undergo consistent evaluation to determine their level of effectiveness; and programs must be flexible and able to meet the needs of all clients.