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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.
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Behind the Scenes of a Personal Injury Case
If you have recently hired a personal injury lawyer serving Annapolis , you may be interested in learning about how personal injury cases typically progress. While the details of each personal injury lawsuit are different, the basic stages of each personal injury claim are the same from case to case. Here is a look behind the scenes of a typical personal injury claim.
Initial Meeting with Personal Injury Attorney
Before filing a personal injury claim, youâll need to meet with a personal injury lawyer to determine if you have a case. Heâll ask questions about your injuries, the cause of your injuries, your insurance, your medical visits and costs, whether there were witnesses to your injury, and whether the injury occurred on the job. If you and he decide to file a personal injury claim on your behalf, heâll have you sign a contract or agreement for representation. This agreement will include a provision for payment to your attorney, commonly referred to as a contingent fee, which is usually a percentage of what money you recover in the case, so that your attorney only gets paid if you do.
Pre-Trial and Settlement Stages
Personal injury claims are either dismissed or settled before trial, or they proceed to trial. During the pre-trial stages, your personal injury lawyer will attempt to secure a lucrative settlement for you from the opposing party. Heâll also conduct research, and hire expert witnesses to testify on your behalf. Itâs crucial that you cooperate fully with your personal injury attorney during this period. If your personal injury claim is settled, you will not need to testify at a trial. If itâs dismissed before trial, your personal injury attorney may be able to re-file your case.
Trial, Judgment, and Appeals Stages
Each personal injury trial is different, and itâs impossible to know how long the trial will last, or how complicated it will be. A jury will determine whether your personal injury claim has merit. If a jury rules in your favor, the jury or judge will decide on an amount for an award of judgment. This amount may include reimbursement for financial, physical, and psychological damages, any permanent disability or injury, and pain and suffering. Your personal injury attorney will then have to collect money on the judgment from the opposing party, or more likely from their insurance carrier. The losing party can also appeal the judgeâs decision.
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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Steps to Take if You Are Accused of Domestic Violence
If you are charged with, accused of, or arrested for domestic violence, it is crucial that you hire an experienced criminal lawyer near Annapolis . Your criminal defense attorney can protect your rights, and do everything that he can to prove your innocence of the charges. Here are the first steps that you should take if you are accused of domestic violence.
Cooperate Fully with the Police
If the police are called to respond to a domestic dispute or allegation of domestic violence, they may arrest you, your partner, or both of you; file a police report without an arrest; or leave without filing a report. It is in your best interests to cooperate fully with the police to reduce your risk of arrest or further charges. If you already have a criminal lawyer, you should call him immediately before answering any questions. If you do not have a criminal defense attorney, do not answer any questions beyond stating your name, address, and relationship to the alleged victim.
Hire a Criminal Lawyer
Whether you are arrested and charged, or issued a summons to appear in court on domestic violence charges, you will need to hire a criminal lawyer. An experienced criminal attorney can act as your advocate when speaking with the prosecutor and police, and may be able to get the conditions of your release modified to your advantage or the charges against you dropped completely. He can also secure witnesses to testify on your behalf should the case proceed to trial.
Adhere to All Requirements of Your Release
When you are released, the court will require you to adhere to certain conditions. This may include refraining from contacting the victim, attending anger management classes, attending drug or alcohol counseling, and attending therapy. You must adhere to all of the conditions of your release in order to prevent the prosecution from filing additional charges.
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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How Do Breathalyzers Work?
If you are arrested for a DUI, you have a much better chance of having your alcohol or drug charges reduced or dismissed if you hire an experienced DUI attorney near Annapolis . A DUI lawyer can navigate your stateâs DUI and drug laws, and can recognize errors in police procedures that may require the prosecution to drop your alcohol or drug charges.
Breathalyzers are a common issue in the arrest process for DUIs, and improper use of these devices can be a key point in your case. Watch this video for a demonstration of how breathalyzers work. If the police office who arrested you for DUI did not administer a breathalyzer or administered it improperly, your charges may be dropped.
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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Taking a Closer Look at Maryland’s Marijuana Laws
If you are arrested or ticketed for a marijuana drug charge, you should hire an experienced criminal lawyer or drug lawyer near Annapolis . Criminal defense attorneys have extensive experience navigating the stateâs complex drug laws and building strong cases against DUIs, drug charges, drug crimes, and traffic violations. Here is a closer look at Marylandâs marijuana-related drug laws.
Drug Laws Controlling Personal Medical Marijuana Use
Maryland drug laws allow residents to use medical marijuana to treat a variety of chronic or debilitating illnesses. You will be protected from prosecution for drug charges if you have a valid medical marijuana prescription from a licensed physician. In order to qualify for a medical marijuana prescription, you must prove that you are a resident of Maryland, and that you suffer from a chronic or debilitating condition like nausea, seizures, chronic pain, or muscle spasms. A physician will provide a written certification of your condition for use when submitting your application for a medical marijuana card to the Medical Marijuana Commission and Department of Health and Mental Hygiene. You can only purchase marijuana from licensed dispensaries and smoke it in your own home. Individuals who are not permitted to use medical marijuana will be charged a small fine for possession of amounts less than 10 grams. Possession of larger quantities, illegal distribution, and intent to distribute are all much more serious crimes with higher potential penalties, including incarceration and significant fines.
Drug Laws Governing Medical Marijuana Physicians
Marijuana physicians must be licensed by the state to provide medical marijuana prescriptions to patients who qualify under Marylandâs drug laws. Physicians must submit all prescription proposals to the stateâs Medical Marijuana Commission. The Commission can approve or deny prescription proposals.
Drug Laws Pertaining to Medical Marijuana Growers, Processors, and Dispensaries
Growers, processors, and dispensaries must obtain a license from the state of Maryland. They must then choose a physical location for their operation based upon the stateâs zoning regulations and drug laws. If they are not in compliance, they may face drug charges that require hiring an experienced drug lawyer.
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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What Is a Felony DUI?
If you are charged with driving under the influence of drugs or alcohol. you can be charged with a misdemeanor or a felony DUI. It is important that you hire DWI lawyer near Maryland to advocate for your rights and potentially reduce the alcohol or drug charges against you with any type of DUI case. Whether the courts classify your DUI as a misdemeanor or felony depends upon your record of prior alcohol or drug charges, the amount of drugs or alcohol in your system, and the outcome of the accident.
If your DUI results in a personâs death, you will automatically be charged with a felony DUI. You may also be charged with a felony DUI if you have had more than one DUI, alcohol, or drug charge in the last ten years; your blood alcohol content was .20 or higher; you had a juvenile in the car at the time of the DUI; or you were driving at 20 miles per hour over the posted speed limit. In these situations, significant penalties apply, so it is essential to hire the right lawyer for your case.
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.