Tuesday, June 25, 2013

Objection!: On Criminal Lawyers

The law exists so that all individuals can observe their rights without trampling over the rights of others. However, a utopia wherein everybody abides by the rules has yet to exist, and crime remains a facet of life. Laws are implemented to enforce peace and stability in society, while rooting out behavior which could violate the order.

Many would see the law as harsh and draconian, but it doesn't play favorites when it comes to delivering the verdict. All are equal in the eyes of the law, and it's only until a suspect is found guilty that he is truly classified as a criminal. Thus, the law also respects the innocence of suspects unjustly accused.

You could be suspected of a crime for any reason, even if you haven't committed a single offense all your life. This doesn't mean the law will immediately find you guilty and wrongly incarcerate (or execute) you, for you are entitled by the law itself to call upon a public defendant or criminal lawyer to your defense. A defense attorney will investigate the circumstances of the crime and tell the court your side of the story in the hopes that the jury finds you innocent. At the very least, defense attorneys can negotiate for lesser charges. Most importantly, they can refute the prosecution's claims with their immortal line: “Objection!”

Monday, June 24, 2013

How to Properly Deal with a Car Accident

When involved in minor accidents in accident-prone areas like the crash-prone double-lane circle at Hillsborough and Pullen in Raleigh, it is instinctive for you to ask if anyone was hurt or if anyone is in need of urgent medical attention. In some cases though, even when it is not your fault, you would find yourself apologizing as a way to pacify the other victims of the accident. This is especially true when you're in a state of panic or trauma.

Such an action, unfortunately, can have dire consequences, especially when the accident was not of your doing. This is because in North Carolina, you can be charged with contributory negligence even if you were found to have contributed to the accident in a small way. When this happens, you're likely to receive limited or restricted compensation.

For this reason, despite the tragic circumstances of an accident, it is important to maintain composure and refrain from apologizing since this will automatically be construed as admitted fault, even partial fault. The legal efforts involved in proving that you didn't cause the accident in any way are daunting, but you can receive just compensation as long as you have an experienced personal injury lawyer by your side. The attorney will make sure you are covered for lost wages for missed work, medical bills, physical therapy costs, and others.

Friday, June 21, 2013

What You Need To Know About DWI

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal offense that pertains to operating a motor vehicle while drunk on alcohol, high on drugs, or both to the point that mental and motor skills are impaired. A driver may be subjected to several sobriety tests if the police officer has reason to believe that he or she is intoxicated. When any of the test returns positive, the officer can confiscate the driver's license and bring the matter to court.

A DWI conviction, depending on state laws, may have serious repercussions such as imprisonment, a heavy fine, and suspension of the driver's license. Even first time offenders cannot simply get away with it. Habitual violators, on the other hand, may lose a lot of their civil rights and give up their driver's license for a very long time, permanently even.

Apart from those mentioned, another consequence that drunk drivers have to face is the increased cost for their auto insurance. If they have jobs that require driving or security clearances, chances are they'd find themselves unemployed. Getting back one's license isn't a speedy task either as one cannot just reclaim it after the revocation period. Some states require that drunk drivers undergo "DUI schools" where they need to fulfill certain requirements before they can "graduate" and have their driver's license back.

Thursday, June 20, 2013

The Reality of Divorce in North Carolina

For better, for worse.... Those classic wedding vows are supposed to bind couples forever. Sadly, only around half of those who take this vow in North Carolina seem to be able to live up to them, as the 2008 statistics show that more than 50% of marriages in the state end up in divorce.

The high divorce rate in North Carolina has sparked debates among its legislators and citizens. Some say it is too easy to get a divorce in the state. On the flip side, there are those who say getting a divorce in North Carolina is actually much more difficult compared to other states, while the process for getting married is way too easy, encouraging hasty weddings. Those who are critical of quick marriages say this is more likely to result in failed unions, hence, contributing to the high divorce rate.

Whatever the reasons behind the high rate of divorce, it cannot be denied that the process for getting one can be emotionally painful, mentally exhausting, and financially challenging. To be able to get a divorce in North Carolina, one has to fulfill several requirements that could prove contentious to the divorcing parties, including the grounds for divorce, alimony, property distribution, and child support.

This emotionally, mentally, and financially taxing process makes the services of expert North Carolina divorce lawyers very important. A sympathetic, competent, and trustworthy lawyer will fight for their client's rights and will be the voice of objectivity in what is often an emotional battle. 

Monday, June 17, 2013

Save Your Name from Further Disgrace: Hire a Criminal Lawyer to Help You With Your Criminal Case

When you get involved in a criminal case, your name will be dragged through the mud regardless of whether you are guilty or not. Apart from getting jailed, you must also worry about the repercussions of the case on your reputation. After all, who wants a criminal record attached to their good name?

This is why getting a lawyer who specializes in criminal law is the best idea when facing a criminal case. As you pursue this fight, you need to get someone who is capable enough to represent and defend you to save your reputation. The logical person to help you is a criminal lawyer who doesn't just possess the necessary training but also has enough experience working on similar cases.

This criminal lawyer will help you all throughout the case. First, he will be more than willing to listen to you as you tell your side of the story. Then, he will inform you of the strength and weaknesses of the case. This will help you gain awareness of the possible loopholes, as well as the angles you have to pay more attention to. Evidence-gathering is another crucial part of the case that the attorney will assist you with.

In other news, a criminal attorney is more than your staunch defender. He can also help clear your criminal record if you are eligible. This process is called expungement or expunction.

Tuesday, June 11, 2013

Three Things an Attorney Should Have to Succeed

A career in law is still one of the most sought-after professions in the world. The challenges can be difficult, but the fulfillment and compensation one gets from the job is tremendous. Whatever specialization he chooses, a lawyer can be successful if he has the credibility, passion, and capability to handle cases.

Just like in any profession that involves people, a good reputation is important to a lawyer. A law practice does not have a chance of thriving if there are questions about its members’ characters. Credibility is everything to a lawyer; this is how he builds his clientele. Word-of-mouth and referrals from satisfied clients make a law firm successful.
The lawyer should likewise be passionate about his profession. Every aspect of law should be of interest to an attorney to enable him to render outstanding legal representation to clients. At the same time, he must have passion for people. A legal eagle must be able to communicate with clients, other lawyers, jury, and judges to win a case.

Finally, a lawyer must be capable of handling cases. This means that he must have the knowledge to argue all sides of a case. Furthermore, a gift to conduct thorough research before going to court is what makes a lawyer stand out and achieve success in the field.

Thursday, June 6, 2013

Be Proactive: How to Avoid Getting a DWI

You don't have to be drunk to get charged with DWI. Regardless of what you perceive as your alcohol tolerance level, you get booked on driving while intoxicated (DWI) or driving under the influence (DUI) when your blood alcohol falls below the threshold of 0.04% or 0.08%, depending on the vehicle type and state law. Besides testing for blood alcohol content (BAC) through a breathalyzer, a driver may also be tested for alcohol in his blood and urine. The cop that pulls you over may also administer a standard field sobriety test, such as standing on one leg for 30 seconds.

In North Carolina, failing the BAC limit of 0.08% will warrant a DWI charge. Accidents related to drunk driving have become alarming enough that the National Transportation Safety Board (NTSB) has recommended that states lower their BAC threshold to 0.05% from 0.08%. Yearly, 10,0000 people die in drunk driving accidents, and 146,000 are injured.

While public response to this recommendation are mixed, some authorities in the beverage association argue that taking the variables of weight, gender, and stomach contents, among others, 0.08% is the level that registers significant impairment among drivers on average. Lowering the BAC will only criminalize even responsible adults who drink moderately.

If you must drink, have a designated driver bring you home, so plan ahead before drinking. Contrary to popular belief, taking a shower, eating a big meal, or drinking hot coffee will not make you less drunk. Only time will sober you up. 

Monday, June 3, 2013

How Drinking Affects Your Driving

Drinking and driving are two words that can't go together, two diversions that can't combine sequentially. Although North Carolina has a legal level of intoxication for drivers, one slip and you could end up with a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), a confiscated license, a bad reputation, a wrecked car, or worse, a victim.

Alcohol has a direct effect on the neurotransmitters inside the brain. By altering the levels of the different neurotransmitters, a person's normal action and reaction response is altered. Speech could be slurred, movements could be sluggish and unbalanced, and perspective could blur and become disoriented. The greatest danger in drinking and driving is how alcohol can reduce your sensory process and response, compromising your judgment on the road.

When a cop suspects a drunk driver behind the wheel, the cop will flag him down to the side of the road. The driver will be tested for blood alcohol content (BAC) in his breath (through a breathalyzer), blood, or urine. The BAC limit varies from state to state and the legal threshold limit for commercial drivers is lower than for non-commercial ones. There is zero tolerance for any minor caught driving under intoxication.

There are different levels of punishment for drunk driving-related violations; rather than find out the hard way, the lesson is simple enough: don't drink and drive. If your manners slide and you get drunk, find someone to drive you or hail a cab.