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Defending Your Rights After a Traffic Charge
Traffic violations in Annapolis are commonplace. Many people simply pay the fine without trying to contest traffic violations. Yet, this can be costly and in some cases it may result in points on the individualsâ licenses. Instead, consider talking to a traffic ticket lawyer. A criminal defense attorney will have extensive knowledge of the strategies that are successful in beating traffic violations.
For example, your lawyer may argue that you failed to stop at a stop sign because the stop sign was obscured or had fallen over. Or, you may have failed to stop at a crosswalk because the crosswalk markers were so faded that you could not see them clearly. In other cases, your traffic ticket lawyer may argue that your actions were legally justified. For example, you may have swerved across the double yellow line to avoid striking an unexpected obstacle such as an animal or child darting out into the road. Since every case is unique, itâs advisable to consult a lawyer about your legal rights and options.
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What to Expect at a Criminal Jury Trial
If you have been charged with an aggravated DUI, drug crime, or violent crime, you will need to hire an experienced criminal lawyer in Annapolis. Many DUI, assault, and drug charges do not proceed to trial, but there is always the possibility that your criminal case will not plead out or settle prior to trial. Here is a general look at what you can expect at a typical criminal trial if you elect to be tried by a jury. If you elect to be tried by a Judge the process is similar, but without a jury, the judge is the one who will decide your innocence or guilt.
Jury Selection
The first stage in a criminal trial is the selection of the 12 members of the jury. Both the prosecutor and your criminal defense attorney will have a say in who the jury members are. During the jury selection process, the prosecution and defense will ask potential jurors questions, and will have the opportunity to deny or accept jurors based upon their answers and backgrounds. Your criminal defense attorneyâs goal is to select a jury that will be sympathetic to your case and will be moved to rule in your favor.
Opening Statements, Witness Testimony, and Cross-Examination
Both the prosecutor and your criminal lawyer will make opening statements to the judge and jury. Each side will present their interpretation of the facts of the case. The prosecution will explain to the jury what they intend to prove during the trial, and your criminal attorney will rebut the prosecutionâs evidence and present a legal defense for the crimes for which youâre accused. Next, each side will present witnesses who will testify as to the facts or mitigating circumstances surrounding the case. Your criminal lawyer can cross examine each of the prosecutionâs witnesses, and vice versa.
At your criminal trial, you may elect to testify in your defense, but you are not required to do so. If you choose not to testify the judge will instruct the jury that they may not hold that fact against you, or draw any negative inference from the fact that you declined to testify.
Closing Arguments, Jury Deliberation, and Verdict
Once witness testimony is complete, the prosecution and your criminal attorney will present closing arguments. These arguments sum up the case and reiterate evidence that supports their claims. After closing arguments, the jury will be remanded to a private room where they will discuss the details of the case and the evidence in an attempt to reach a verdict. The jury must reach a unanimous âguiltyâ or ânot guiltyâ verdict.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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A Look at Common Personal Injury Cases
Personal injury law, or tort law, allows individuals to demand compensation for injuries and other losses caused by another party who behaved in a negligent or reckless manner. If you think you might have the basis for a personal injury claim in Annapolis, you should consult a personal injury lawyer sooner, rather than later. Statutes of limitations, or deadlines, do apply to personal injury cases. This means that if you wait too long to file a claim, you may forfeit your right to seek compensation.
Vehicular Accidents
One of the most common types of cases that personal injury lawyers handle involves injuries and property damages arising from serious car accidents, motorcycle crashes, and truck accidents. Vehicular accidents do sometimes occur due to factors beyond the driverâs control, such as poor weather conditions or defective auto parts. More often than not, however, a collision happens because someone was driving recklessly or failing to follow the rules of the road. Your personal injury lawyer can negotiate with the insurance company on your behalf to help you receive the settlement you deserve. Sometimes, it may be necessary to file a personal injury lawsuit.
Construction Site Accidents
Construction site accidents can cause serious injuries. They often involve falls, including falls from ladders and scaffolding. Electrocution and being struck by an object are other examples. Some construction workers suffer serious injuries or lose their lives after being caught between objects, such as rotating equipment or equipment rollovers. Construction site accidents are particularly tricky to litigate because workersâ compensation may be an issue. If you or a loved one has sustained injuries at a construction site, itâs best to consult a personal injury lawyer who has handled these types of cases before. He or she can investigate whether the employer may be held liable for neglecting safety precautions.
Medical Malpractice
Medical malpractice is another common type of personal injury claim. Contrary to popular belief, medical malpractice doesnât always exist simply because a doctor made a mistake. The personal injury lawyer must first prove that a doctor-patient relationship existed. Then, the lawyer can use expert testimony to prove that the doctor deviated from the widely accepted standard of care. Additionally, for a medical malpractice lawsuit to result in a favorable outcome for the plaintiff, the lawyer must prove that the plaintiff suffered injuries as a result of the deviation from the standard of care.
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How a Criminal Defense Attorney Can Appeal Your Case
If you have been found guilty of a crime after a jury trial, your criminal defense attorney in Annapolis can appeal the decision. An appeal is a formal request for a case review for legal error, and itâs made to a higher court than the one in which you were convicted. The error may have occurred during the course of the case itself, or during the conviction or sentencing proceedings.
You do not need to use the same criminal lawyer for your appeal that you used for your initial criminal case. In fact, if you believe that your criminal lawyer was not acting in your best interests or was incompetent, you may hire a new criminal attorney. Each state has deadlines regarding when an appeal can be filed, and further deadlines as to when specific legal documents must be filed and answered.
No new evidence can be introduced during a criminal appeal, and the judges can only review the record of the proceedings in the lower court. The appeals process is very lengthy, and it can take anywhere from several months to a year or more to be resolved.
If you appeal your conviction your attorney can try to get your sentence stayed, or put off, during the appeal process. If the appellate court determines that the lower court made a serious error they can reverse the decision of the lower court, or remand your case to the lower court for a new trial.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.