Archive for April, 2019

If I Have a Warrant in One State, Will it Show Up in the System of Another State?

Thursday, April 25th, 2019

If I Have a Warrant in One State, Will it Show Up in the System of Another State?

If you have a warrant out for your arrest, you might be considering going to another state to escape prosecution. But would that actually work? Can agencies in another state find out that you have a warrant in your home state? Can your home state find out that you were the subject of a warrant in another state? And will either state enforce that warrant if they find out? Of course, as with all legal matters, it depends on the specifics of your case and only a qualified criminal defense attorney can help you make the right decisions. However, here are some general guidelines to consider.

Is it Worth it to Come Get You?

Coming to retrieve you in another state is not free for the agency that is doing the retrieving. It takes significant resources to retrieve somebody from another state. Some governments simply don’t find it worth it, especially if you have a warrant for something small. Even though you may show up in a database in another state, but doesn’t mean the officers in your home state will come and arrest you. However, it’s also not worth taking the risk. Be sure to consult with your criminal defense attorney to find out what the best option for you would be.

Type of Crime

In some cases, the type of crime you’re accused of committing makes all the difference in the world. While bench warrants can almost always be looked up by another state, no matter what state you’re in, it may not immediately show up if you’re accused of committing a minor crime. In other words, murderers are much likely to be arrested and extradited than someone who is accused of petty theft. However, severity is often subjective, so again, it’s worth it to bring the matter up to your defense attorney and not risk it on the hopes that the other state won’t find out.

NCIC Or Not?

The National Criminal Information Center, or NCIC, is a database for high-risk and high-end felonies. If you commit an act that warrants entry into that database, it will automatically flag you if you’re pulled over. Well mine are bench warrants might only come up after appointed search, if your warrant is in the NCIC you basically have no chance of hiding in another state.

Contiguous States

Again, extradition is expensive. If you didn’t commit a violent crime, it might be too expensive extradite you. This is particularly true if you’re not in a contiguous state. Some states have policies that they won’t extradite someone who isn’t in a bordering or contiguous state. While you could take that to mean that you can hide in a state as long as it’s not a neighboring state, it’s still risky to assume that that will get you out of trouble. You’ll have to ask  your criminal defense attorney about the state laws that apply in your state and whether or not this action will protect you.

Traffic Warrants

This part of the law might seem a little strange, but a traffic warrant is usually more widespread and harder to outrun than a bench warrant. Traffic warrants show up in multiple databases, meaning that it’s much easier to find and way more likely that the cop pulling you over will see that information. At that point, it’s almost a guarantee that your license will be suspended if not revoked. It may also raise your bail when you are arrested if you have a traffic warrant. Traffic and other warrants in which the state you’re from won’t extradite might even land you in jail in another state until the warrant runs out, resulting in a possibly worse situation than if you had just gone to court and defended yourself.

It’s never a wise decision to try to best the legal system on your own. Consult with an experienced defense attorney in your state to find out what the best option will be. Most of the time, defending yourself with adequate legal representation in a court of law is a much better decision than attempting to outrun the law. Technology is so sophisticated that outrunning a warrant is a near impossibility for most people. Consult with an experienced criminal defense attorney in your state today and take the first step down the road to protecting your rights, your freedom, and your future.

What Would Happen If I Was Caught Selling Drugs?

Thursday, April 18th, 2019

What Would Happen If I Was Caught Selling Drugs?

Drug charges are always serious offenses. Selling drugs is usually treated more seriously than simply using drugs. What happens to you when you are caught selling drugs largely depends on a number of factors including the type of drug, where you were selling the drug, and so on. Only a qualified criminal defense attorney in your state can inform you on your particular case and the punishments that are likely coming your way. However, here are some factors that usually determine what will happen to you if you get caught.

Type of Drug

The type of drug you’re caught using makes a big difference in how you’re prosecuted. There are various classes, usually called schedules, of drugs. There are schedule five drugs like cough suppressants that aren’t treated that seriously. Then there are schedule one drugs like LSD that are treated extremely seriously. What’s interesting is that marijuana is considered a higher schedule of drug and cocaine. Because of this, many criminal defense attorneys have a fairly decent argument when it comes to defending people who are selling marijuana. However, no matter how you were caught or what drug you were selling it’s important to consult with a criminal defense attorney to obtain the best outcome.

Amount of Drug

Just as the type of drug makes a difference in how you’re prosecuted and the punishments you receive, the amount of drug you have on you and the amount of drug you’re selling also makes a difference. It probably won’t surprise you to learn that the more of the drug you were caught selling, the worse it is for you in a court of law.

Criminal Record

If it’s the first time you were ever caught doing something like this, you might have an easier time getting a reduced sentence or more lenient punishments then you will if this is something you do habitually. Habitual offenders are almost always treated more harshly than first-time offenders, no matter what the crime. Selling drugs is treated differently in different states, as well, but your criminal record will almost always be considered.

Aggravating Circumstances

Aggravating circumstances are things that make your case worse. in other words, if you were selling drugs and you were also engaging in violent behavior, that violent behavior is an aggravating circumstance. If you have aggravating circumstances that contribute to your case, you may have to defend more than simply your active selling drugs. Aggravating circumstances typically lead to harsher sentences and punishments, as well.

Mitigating Circumstances

In contrast, mitigating circumstances are those circumstances that help you in court. For instance, if you claim that you weren’t the main seller but that you were simply the accomplice, that might work in your favor. Additionally, if you’ve never done anything like this before, the lack of a criminal record might be seen as a mitigating circumstance. The more mitigating circumstances you have in your favor, the more likely you are to obtain a favorable outcome. Mitigating circumstances also make it easier for you to negotiate lighter sentences.

It’s never a good idea to try to defend yourself in a court of law. Law schools exist for a reason. Lawyers exist for a reason. The legal system is designed to be confusing to the average person. That’s why it’s always important to hire a qualified and experienced criminal defense attorney in your area if you were caught selling drugs. Book a consultation with an experienced criminal defense attorney in your state today and make the first step down the road towards defending your rights and your freedom.

Can I Refuse a Blood Test if I Am Arrested For a DUI?

Thursday, April 11th, 2019

Can I Refuse a Blood Test if I Am Arrested For a DUI?

If you’re arrested for a DUI, it’s likely that you will be tested for your blood alcohol content or your breath alcohol content. Either one of these is a standard measure for the police to use to determine how much alcohol is in your system. However, they are very different tests. One, the blood test, is very invasive. The other, the breath test, is very passive. You cannot refuse a breath test without suffering serious legal ramifications. However, you can refuse the blood test. If you refuse a blood test, here’s what will likely happen.

Opt For a Breath Test

If you’re asked to provide a blood test when you’re arrested for a DUI and you don’t want to provide one, you can opt for a breath test instead. A breath test is far less invasive and still gives a fairly accurate reading. Make sure you haven’t eaten, burped, smoked, chewed gum, or had anything at all to drink within 15 minutes before you take a breath test. Any of these activities can bring alcohol from your stomach into your mouth and create a false positive result. It’s actually in the law in most states that an officer has to observe you for 15 minutes before they can administer a breath test to make sure that you haven’t engaged in any of these activities. This protects you and also protects the officer and it protects the validity of the test. If you say no to a blood test, you cannot refuse a breath test. This is because most states have implied consent laws on the books.

Implied Consent

Implied consent laws exist in almost every state. What that means is that as soon as you go out on the road you consent to be the subject of a breath-alcohol test if an officer pulls you over on suspicion of a DUI. Because of this implied consent, you cannot legally refuse a breath test. However, you can ask for a breath test in lieu of a blood test since a blood test is very invasive and a breath test is not.

Cop Has a Warrant

One of the only situations in which you cannot refuse a blood test is if a cop has a warrant. In most cases, police officers will be fine with giving you a breath test instead of a blood test. However, if for some reason a police officer feels the need to get a warrant for your blood and obtains one, you have to consent. It’s the same situation as a cop obtaining a warrant to search your car or your house. You would not be able to refuse that search.

Protection Against Force

No matter what the case, a cop cannot physically force you by holding you down or restraining you in order to get blood out of you. These laws and protections might be waived slightly if the cop has a warrant, but you still have to be treated in a respectful manner. If you ask for a breath test instead of a blood test in the cop does not have a warrant, the cop cannot man-handle you or try to harass or intimidate you into taking a blood test. If this happens, you can take that to court and challenge the results of the blood test.

It’s very important to hire legal representation any time you’re accused of a crime. If you’ve been arrested for a DUI, go ahead and give them the breath test that you are legally obligated to give them. However, for anything beyond that you should hire a DUI attorney in your state. Hiring a qualified and experienced DUI attorney in your state can protect your future and your freedoms and help you ensure that your rights are not violated. Get a consultation today and make sure that you take the first step down the road of protecting your freedom and your future.

What Qualifies As a Medical Malpractice Case?

Friday, April 5th, 2019

What Qualifies As a Medical Malpractice Case?

We trust our doctors to make the right decisions when it comes to our health. But sometimes, the things we fear the most actually happen. Whether medical malpractice arises out of a simple mistake or a malicious act, you have every right under the law to protect yourself and do fight for compensation. But what qualifies as a medical malpractice case? Is it a simple mistake that causes injury? Does there have to be intent behind the action? While only a qualified medical malpractice attorney in your state can give you the most accurate information based on your particular situation, here are some general things that can qualify as a medical malpractice case.

Doctor-Patient Relationship Existed

In order to claim that a medical malpractice case is present, you have to have had a doctor-patient relationship with the doctor in question. For instance, if you simply know a doctor but they aren’t your physician and you ask them a question, the answer to which lead you astray, you can’t sue them for medical malpractice because you weren’t in a doctor-patient relationship with them. However, once you become a patient of a doctor and that doctor begins to treat you, a doctor-patient relationship is established at that point.

Doctor Showed Negligence

The second requirement that you have to prove in order to bring a medical malpractice case against a physician is that the doctor showed negligence. In other words, the doctor didn’t do what they were supposed to do or they did something that they should have known not to do. Negligence simply means that the doctor failed to, or neglected to, do what they should have done in order to uphold ethical standards as a physician.

Negligence Caused Injury

Thirdly, you have to prove that the negligence and question cause your injury. In other words, if a physician was negligent but the injury and question didn’t come from that negligence, you might have a difficult time proving medical malpractice. However, if your surgeon neglected to follow proper practices and you ended up with a debilitating infection because of it, that’s absolutely a case where negligence caused your injury.

Injury Led to Damages in Question

Finally, you have to prove that the injury caused by the negligence led to the damages in question. What that means is that even if a doctor was negligent and that negligence caused an injury, if the injury was not what led to the damages that you’re filing a medical malpractice suit about, you’ll have a hard time in court. In fact, you might not have a case at all. But as long as the doctor showed negligence, the negligence caused the injury, and that injury led to the damages your filing the suit over, you probably have a solid case.

There are many ways in which a physician can show negligence. Here are just a few.

Failure to Diagnose

If a doctor fails to diagnose you with the condition, and you wind up suffering greatly because of that missed diagnosis, that could be seen as negligence. The doctor needs to be able to diagnose you to the best ability that they have, and if their negligence resulted in a failure to diagnose you properly, that can lead to serious consequences. You need to know what conditions you have so you know how to treat them. If you went for too long without treating an illness because you didn’t know you had it, and not treating it led to even more damages, that’s negligence on the doctor’s part.

Improper Treatment

Another way in which a physician can show negligence is by providing improper treatment. This can mean treating you too much or not enough. Any time a treatment does not fit the condition you have and that improper treatment leads to further damages, that could be seen as negligence in a medical malpractice case.

Failure to Warn Patient of Risks

A physician can also be negligent if they fail to warn you of the risks of a procedure, medication, surgery, or other medical process. You have every right to know the risks of a surgery or procedure, or even a medication you’re going to take, before you decide to move forward with it. Sometimes, doctors failed to warn patients of the risk because they receive financial compensation for selling a certain procedure or drug. If that failure to warn you led you to serious injury or illness, you have every right to take the doctor to court under a medical malpractice suit.

There are many ways in which a physician can show negligence, so don’t feel that if your situation does not appear on this list you don’t have a case. The only person who can tell you whether or not you have a case and help you fight for your rights in court is an experienced and qualified medical malpractice attorney in your state. Never try to go into the legal system on your own. Instead, get a consultation today and take the first step down the road to protecting your health, your freedom, and your future.