Traffic Accident: What To Do

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.

The Effects of Blood Alcohol Concentration

.02

At 0.02 BAC, people experience minor loss of judgment and inhibition, slight body warmth, and altered mood.

0.04

At 0.04 BAC, people may start to experience unusual behavior tendencies, some loss of muscle control, impaired judgment, lowered alertness, and release of inhibitions.

.08

Muscle coordination continues to deteriorate and balance, speech, vision, reaction, time, and hearing all experience alterations. Memory, self-control, and reasoning also change.

.10

Reaction time and motor function are more clearly impaired, along with speech and coordination. Slowed thinking becomes evident.

.15

A marked drop in motor function, along with potential vomiting and major loss of balance, occurs.

Preparing For A Pretrial Hearing

A pretrial hearing refers to a meeting between parties in a case that occurs before a trial. In criminal cases, these parties are often the prosecution, the person being charged with the criminal offense, that individual’s lawyer, and a judge. 

During a criminal trial, a pretrial hearing helps to resolve a number of obstacles including administrative issues. While often required by a court of law, it is often also possible for the defendant to request a pretrial hearing. 

The following will review some of the helpful steps that should be followed in the preparation of a pretrial hearing.

Discuss Matters With Your Attorney Before The Pretrial Hearing

Instead of waiting until immediately before the pretrial hearing to discuss details about your case with your attorney, it is possible to review matters with your lawyer in advance to make sure that any potential issues are fully addressed. 

In some situations, it is possible for important details related to your case, including police reports and plea offers, to be given to your attorney in advance of the trial. 

By discussing matters with your lawyer a sufficient amount of time in advance, you can make sure that you are as prepared for the pretrial hearing as possible. 

Write Down The Key Events In Your Case

To prepare yourself for what will be discussed during your trial, it is important to write down what occurred following your arrest or charge. Some of the details that it can be helpful to record include where witnesses were located at the scene, what statements were made, what law enforcement said, and a timeline of the events that occurred in your case. 

In some cases, your version of events might contrast with what law enforcement report happens. Being able to pinpoint these small differences can sometimes make a substantial impact on the outcome of a case. 

Determine The Accuracies (And Inaccuracies) In The Police Report

If you are able to contact your attorney before a pretrial hearing, it is likely that the lawyer will be able to provide you with a copy with a police report. You should take time to read this report and determine the areas that the responding officer recorded correctly and incorrectly. You should then raise these concerns with your lawyer so that they can be brought up during the pretrial hearing. In the most serious cases, it might even be possible to demonstrate through a police report that your constitutional rights were violated during an arrest and that the charge should be reduced or dismissed.

Determine How A Criminal Conviction Could Affect You

Many people discover that a criminal conviction can affect their lives in a number of ways. If you are professionally licensed, there is a possibility that you might lose your license, which can create a number of substantial obstacles in achieving your career and financial goals. 

Many people also discover that their reputation in the community is negatively impacted as the result of a criminal charge and conviction. By understanding exactly what is on the table during these negotiations, you will gain a better understanding of what is involved. 

Bring Your Calendar

During a pretrial conference, later court dates will be set. By understanding the various commitments that you will have, you can schedule appropriately with the court and opposing attorneys. 

Failure to appear before the court can result in very serious consequences, which is why it is important to write down the date for later court sessions and make sure that you appear on time.

By being responsible and proactive about scheduling a date, you also convey to the judge that you are taking matters seriously. 

Prepare For The Unexpected And Stay Focused

There are a number of other unexpected things that can happen as your criminal case works its way through the legal system. It is a wise idea to prepare for the numerous contingencies that can arise. You should try to predict the worst possible thing that the other side could say as well as what the weakest elements of your case might be. 

The other side will likely emphasize these points. By preparing in advance, however, you can create a strategy to handle or respond to these complications. If there are any weaknesses, you can determine how to treat them or preempt them. Some people even go so far as to practice what they will say during the hearing.

Know What To Expect During A Pretrial Hearing

By understanding the role the pretrial hearings play, you can better prepare for this part of your case. Some of the reasons why pretrial cases are heard are to allow parties to exchange details about their case in preparation of trial as well as to help judges gain a better understanding of the parties and issues involved in the case. 

A few of the issues that arise during a pretrial hearing include:

• Establishing basic rules for future court proceedings
• Making motions for dismissal or summary judgment
• Presenting arguments about what evidence and witnesses can be used in the trial
• Scheduling a trial date as well as other pending proceedings

Judges will often issue immediate rulings on any issues that are raised during the pretrial conference. In situations in which more time is needed to resolve a case, a judge might establish an additional meeting to resolve the issue. 

In other cases, issues presented during the pretrial hearing will not be resolved until the trial. While these are not all of the issues or elements that can arise during a pretrial hearing, by understanding the basic role that pretrial hearings play, you can better prepare for your own.

The Role of Jury

In criminal law, under the federal Constitution and under State laws, a criminal defendant has a right to a jury trial. But, what does this mean? What is the role of the jury in criminal trials?

In brief, the role of the jury is to hear and see the evidence, to follow the law, to deliberate after all the evidence has been presented and to decide whether or not the accused is guilty of one or more of the charges. But, the role of the jury is a bit more complex. Here is what you need to know.

Where Do The Jurors Come From?
Under constitutional and statutory law, the jury must be composed of the accused “peers.” Under modern law, that means persons from the community where the crime occurred. Generally, jurors are selected from those who have registered to vote. The court sends out notices to a certain number of voters in the local community requiring that they appear at the courthouse for possible selection as a juror. The rules are different depending on the locality, but, maybe once every couple of years, a person is notified of their possible jury service. This creates a “jury pool” for each day at the courthouse.

Selecting The Jury
For a criminal trial, the specific jury is chosen from the “jury pool” through a process called a “voir dire.” What happens is that the judge has a group of potential jurors brought to the courtroom — often in “panels” of 12. The voir dire involves asking each person various questions to ensure that they can be impartial when deliberating and deciding on the guilt or innocence of the accused. Some potential jurors will be dismissed from the pool because their answers suggest that they will be biased for or against the accused. The judge will go through as many panels of potential jurors until there are sufficient jurors for the trial. Generally, several alternate jurors are chosen in case one or more jurors are dismissed or cannot continue after the trial has begun.

Paying Attention
As noted, one role of the jury is to pay attention and listen to the evidence. This means that the individual jurors have the duty to pay attention when testimony is being presented or documents are being introduced into evidence. If it is noticed that a juror is NOT paying attention — like falling asleep or reading a book — that juror can be dismissed during the trial. Further, jurors are only allowed to consider the evidence presented. Thus, a juror cannot conduct an independent “investigation” or talk about the case with others.

Following The Law
When all the evidence has been presented, the jury is given instructions by the judge. For example, the judge will instruct the jury on what legal elements that the prosecution must have proven for each of the criminal charges made against the accused. For example, first-degree murder generally requires proof that:

A person was killed
By the accused
With intent

So, another role of the jury is to ensure that the prosecutors have proven beyond a reasonable doubt each required legal element in order for the jury to make a finding of “guilt.” If some element was not sufficiently proven, then the jury has a duty to follow the law — following the instructions given by the judge — and find the accused innocent.

Deliberating
Finally, after being instructed by the judge, the jury is placed in a secluded room for deliberation. The individual jurors have a duty to discuss the evidence and apply the instruction and, ultimately, make a decision on guilt or innocence.

Post-conviction Appeals And Jury Misconduct
Failure of the jury to properly execute its role can be the basis for a post-conviction appeal. This may involve individual jury misconduct — such as a juror discussing the case with non-jurors — or it may involve the whole jury engaging in misconduct — such as disregarding the judge’s instructions.

Choosing A Defense Attorney To Appeal Your Case

When you’re facing a criminal case in federal district court, it’s vital that you select the right criminal defense lawyer for you. What happens in the trial court can have a significant impact on your rights and your future, and often public defenders are too overburdened to provide the strongest defense possible in a serious federal case.

In the unfortunate event that your attorney was unable to secure a favorable outcome at trial, there’s a very strong chance that you are interested in appealing your case to the federal appellate courts. It’s important to understand that appellate practice is significantly different than trial practice, so it’s in your best interest to find an appellate attorney who specializes in criminal appeals.

To select a defense attorney for your appellate case, it is critical to have a firm understanding of what the appeal process involves and to fully research the attorneys who offer appellate services. If you are currently faced with the option of pursuing an appeal, you should not hesitate to obtain the assistance of an experienced defense attorney who can make certain that your case resolves in the best possible manner. 

Criminal Case: 8 Reasons To Appeal

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.

Choosing A Defense Attorney For A Successful Appeal

Choosing A Defense Attorney To Appeal Your Case

When you’re facing a criminal case in federal district court, it’s vital that you select the right criminal defense lawyer for you. What happens in the trial court can have a significant impact on your rights and your future, and often public defenders are too overburdened to provide the strongest defense possible in a serious federal case.

In the unfortunate event that your attorney was unable to secure a favorable outcome at trial, there’s a very strong chance that you are interested in appealing your case to the federal appellate courts. It’s important to understand that appellate practice is significantly different than trial practice, so it’s in your best interest to find an appellate attorney who specializes in criminal appeals.

To select a defense attorney for your appellate case, it is critical to have a firm understanding of what the appeal process involves and to fully research the attorneys who offer appellate services. If you are currently faced with the option of pursuing an appeal, you should not hesitate to obtain the assistance of an experienced defense attorney who can make certain that your case resolves in the best possible manner. In the process of selecting an attorney, there are some important steps that you should take, which will be discussed below.

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.

Using A Trial Lawyer For An Appeal

There are advantages as well as disadvantages to selecting your trial lawyer to pursue your appeal. One advantage is that a trial lawyer will be familiar with your case and can help resolve the complex issues involved in your appeal. If you are confident about your trial lawyer’s abilities, it might be better to select that attorney. Not all trial attorneys, however, are equally skilled at appeals. In can also help to obtain the assistance of an additional attorney in a case. In some cases, an appeal attorney might even conclude that a trial attorney did not provide effective representation. In such an instance, it may be able to obtain a new trial simply based on your trial attorney’s failure to provide effective assistance.

Costs Associated With An Appeals Lawyer

The exact amount that you can expect to pay for an appellate lawyer depends on a number of factors, including the length and complexity of the trial. The way in which your criminal case proceeded can also influence the cost of a case. As a result, the cost of two separate appeals is never the same. When considering cost, it’s important to remember just how much could be on the line. If you are facing a lengthy prison sentence, for example, it’s not unreasonable to invest a significant amount into your appellate representation, as the potential return on your investment could be your freedom.

Even in cases in which the direct consequences of a conviction are not as serious as a lengthy prison sentence, the collateral consequences of a conviction may justify retaining a highly qualified appellate attorney. Collateral consequences are separate from those imposed by the court, and may negatively affect your life long after your sentence has concluded. Some common examples of the collateral consequences that can be associated with even a minor criminal conviction include the following:

– The Loss Of Your Job

– Difficulty obtaining future employment

– Prohibition from owning a firearm

– Disqualification from the federal student loan program

– Problems renting an apartment

– Difficulty obtaining admission into colleges and universities

– Problems obtaining a professional license

These are only some of the potential collateral consequences that can occur after a criminal conviction. A successful appeal, however, may be able to clear your good name and keep you from experiencing the potentially lifelong consequences associated with a conviction. For this reason, it’s critical that you consider a variety of factors when choosing an appellate attorney to represent you moving forward.

Pre-trial Release: What does it mean?

Similar to state court judges, federal magistrate judges are responsible for deciding at an initial appearance whether an individual who is charged with a crime will remain in custody or is capable of leaving on a bond. Because pre-trial release requirements can be particularly strict, to navigate these matters, it is often critical to obtain the assistance of an experienced federal criminal defense attorney. It can also help to understand some of the important details about how pre-trial releases work.

The Purpose Of Pre-trial Release

Pre-trial release terms can be used for a number of reasons. First, courts that require pre-trial release greatly increase the chances that a defendant appears in a court of law. Second, many courts instill pre-trial release terms to make sure that the surrounding community remains safe during the time that a person is released.

Bail vs. Pre-trial Release

Bail refers to the process during which a court determines if a person who is charged with a criminal offense can be released before trial. Bail additionally helps to determine the conditions that are required as part of a pre-trial release. If a person charged with a criminal offense is released with (or without) any requirements, this is referred to as “pretrial release.” Many people incorrectly use the phrase “bail” to refer to the amount of money used to secure a person’s release from jail when this concept is actually referred to as “money bail.”

How Judges Make Pre-trial Release Decisions

There are a number of court regulations and factors that judges must consider when deciding on pre-trial release requirements. Some of these factors include the seriousness of the offense, the criminal history of the person being charged, where the person being charged lives, and whether the person being charged with the offense has a history of mental illness or substance abuse.

The Nature Of Pre-trial Service Providers

There are a countless number of state and local pre-trial service programs. All of the 94 federal district courts also provide pre-trial services. There are several reasons why pre-trial service providers exist. First, pre-trial service providers help to collect information about a person charged with an offense to assess an individual’s risk of either failing to appear in court or endangering the surrounding community. Pre-trial service providers also help to assess the risk that a person charged with an offense is likely to commit a subsequent crime. These providers present their findings to a court of law during the person’s pre-trial appearance. Pre-trial service providers also supervise people who have been released under certain requirements, which might include being required to routinely check in with the court, to receive alcohol or drug testing, or to be electronically monitored.

DUI and DWI Laws: The Basics

Your first course of action when facing a DUI or DWI charge is consulting a DWI lawyer. A DWI lawyer will have the experience necessary to understand the specific laws related to each charge in your specific state. Laws regarding punishments for intoxicated driving are different for every state, so it is important to seek the assistance of a lawyer who is knowledgeable in applicable laws.

The Basics of DUI

DUI stands for driving under the influence. Driving under the influence is defined as having a blood alcohol content (BAC) above 0.08. Many people prefer to refer to the act of driving under the influence as “drunk driving” rather than DUI. A DUI will likely stay on your record and show up in background checks. Having a DUI may make finding a job or a place to live more difficult because it could be considered a component of a criminal record. Not only can a DUI negatively impact your future, it is also a very prevalent problem in the United States. 

The Basics of DWI

DWI stands for driving while intoxicated. Not every state distinguishes between DUI and DWI in terms of the charges that will be brought against a person who has been caught driving while intoxicated. If you live in a state where DUI and DWI charges differ, the harsher punishment will be reserved for those receiving a DWI charge.

The penalty for a DWI often includes time spent in jail. The length of a jail sentence may depend on the number of offenses.

The Minnesota Department of Public Safety outlines laws regarding DWI convictions that can give you an idea of what a state may require based on the specific charge. While this is just an example of one state’s laws, many states have similar penalties for driving while intoxicated. For example, subsequent offenses tend to be harsher, and driving while intoxicated with a child in the vehicle often carries a more serious punishment.

State Laws Regarding DWI and DUI

The consequences of a DUI or DWI can vary greatly depending on the state in which you live. The Insurance Institute for Highway Safety explains that all states have now standardized the minimum BAC that is considered intoxication. As noted above, a BAC of 0.08 is defined as the minimum level for intoxication. However, 48 states have increased penalties for drunk drivers with a high BAC, in most states .15 or higher. For more information on your state, the Governors Highway Association publishes drunk driving laws for each state.

Consequences for driving with a BAC at or above 0.08 usually involve a suspension of driving privileges. Repeat offenders may even have their license completely revoked. The length of a driving suspension depends on the state and the number of offenses a person has. Some states do not require license suspension when a person is only facing a first offense, but other states require a suspension of up to six months even when a person has never faced an offense in the past.

States may require a person to have an ignition lock installed into their vehicle following a first or subsequent offense. An ignition lock essentially requires a person to prove that their BAC is not above the legal limit before the car may be started.

One basic rule when dealing with a DUI or DWI is that a DWI lawyer should be consulted. A lawyer with experience helping clients who are facing a DUI or a DWI is the best authority on the situation.

Pre-Trial Diversion Program

If you are facing criminal charges, it is common to be concerned about the social stigma and repercussions that a criminal conviction could have on your future. Fortunately, there are a number of options available to avoid having a criminal conviction on your permanent record. One of the most attractive options is referred to as “pre-trial diversion,” which helps some individuals avoid the criminal system through participation in a strictly monitored program. The following will outline some basic considerations when developing your defense strategy with your criminal defense attorney, and how the diversion program might apply.

Understanding The Pre-Trial Diversion Process

The option of pre-trial diversion is available for only some types of criminal offenses. Diversion refers to when a court allows an individual to undergo alternative sentencing operations to avoid the penalties associated with a criminal conviction. The goal is the rehabilitation of the person who committed the offense instead of punishment. Some of the options that are often required through pre-trial diversion programs include community service, substance abuse counseling, and fines. In addition, the courts are able to avoid the expense of judicial resources by providing an alternative to a criminal trial.

Eligibility for Pre-Trial Diversion Programs

A defendant must meet certain requirements to be classified as eligible for participation in a pre-trial diversion program. He or she must be a first-time offender who is charged with a less serious offense like a misdemeanor. These programs are more common for juvenile criminal offenders because courts view these programs as helping juveniles keep their records clean and protect their future opportunities for success. Instead of being granted automatically, a defendant must request to participate in a pre-trial diversion program. In most cases, a judge will inform a person charged with an offense whether pre-trial diversion is an available option.

How Attorneys Can Help

Pretrial diversion has the potential to be beneficial for a person who is charged with a crime, but qualifying for these programs is often difficult. Fortunately, an experienced criminal lawyer can help increase the chances that you qualify for the program and answer any questions that you might have about the process.

Speak with an Experienced Criminal Defense Lawyer

If you are facing criminal charges, you should not hesitate to speak with an experienced attorney. It is important to act quickly because diversion is often not available after the arraignment process has occurred.