Avid Injury and Criminal Defense Law Firm

Understanding the Process of Proving Negligence in a Personal Injury Case

Fri, 22 Mar 2024 15:07:35 GMT

In the realm of personal injury law, proving negligence is a crucial element in determining liability and obtaining compensation for injuries sustained. Whether it's a car accident, slip and fall incident, or medical malpractice claim, establishing negligence requires a thorough understanding of legal principles and evidence. Let's delve into the process of proving negligence in a personal injury case:

Understanding Negligence:

Negligence, in legal terms, refers to a failure to exercise reasonable care that results in harm to another person. To prove negligence in a personal injury case, the plaintiff must demonstrate four key elements:

Duty of Care: The defendant owed a duty of care to the plaintiff. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain a safe environment for visitors.

Breach of Duty: The defendant breached or violated the duty of care owed to the plaintiff. This could involve actions such as reckless driving, failure to maintain property, or medical errors.

Causation: The defendant's breach of duty directly caused the plaintiff's injuries. It must be shown that the injuries would not have occurred "but for" the defendant's actions or negligence.

Damages: The plaintiff suffered actual harm or damages as a result of the defendant's breach of duty. This could include physical injuries, emotional distress, medical expenses, and lost wages.
Gathering Evidence:

Proving negligence requires gathering evidence to support each of the four elements mentioned above. This may include:

Witness Statements: Eyewitness accounts can provide valuable testimony regarding the circumstances of the incident and who was at fault.

Photographic Evidence: Pictures of the accident scene, property damage, injuries, and other relevant factors can help establish what happened.

Medical Records: Medical documentation, including diagnoses, treatment plans, and expenses, can demonstrate the extent of the plaintiff's injuries and link them to the defendant's actions.

Expert Testimony: In some cases, expert witnesses may be called upon to provide specialized knowledge or opinions regarding the standard of care and causation.
Legal Representation:

Navigating the complexities of proving negligence often requires the expertise of a personal injury attorney. An experienced attorney can assess the merits of your case, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
Preparing for Trial:

If a settlement cannot be reached, the case may proceed to trial. During trial preparation, both parties present evidence, call witnesses, and make arguments to the judge or jury. The plaintiff bears the burden of proving negligence by a preponderance of the evidence, meaning it is more likely than not that the defendant was negligent.

Conclusion

Proving negligence in a personal injury case is a complex process that requires careful legal analysis and presentation of evidence. By understanding the elements of negligence, gathering compelling evidence, and seeking the assistance of a skilled attorney, injured parties can pursue fair compensation for their injuries and losses.

If you have been injured due to someone else's negligence, don't hesitate to seek legal guidance to explore your options and protect your rights.

Understanding Maryland's Dog Bite Laws: Know Your Rights and Responsibilities

Fri, 22 Mar 2024 15:07:32 GMT

As pet owners and animal lovers, it's essential to understand the laws surrounding dog bites and attacks to ensure the safety and well-being of both humans and animals. In the state of Maryland, specific statutes govern liability for dog bites and provide guidelines for seeking compensation in the event of an injury. Let's explore Maryland's dog bite laws to help you better understand your rights and responsibilities:

Strict Liability:

Maryland is a strict liability state when it comes to dog bites. This means that dog owners can be held liable for injuries caused by their dog, regardless of whether the owner knew the dog was dangerous or had a history of aggressive behavior. The law applies both to injuries that occur on public property and on private property where the victim is lawfully present.
One-Bite Rule:

Unlike some states that follow a "one-bite rule," which essentially gives dog owners a pass for the first bite, Maryland imposes strict liability from the very first bite. This means that dog owners are responsible for any injuries caused by their dog, regardless of whether the dog has bitten someone before.
Contributory Negligence:

It's important to note that Maryland follows the legal doctrine of contributory negligence. This means that if the victim of a dog bite is found to have contributed to their own injury in any way, they may be barred from recovering compensation. For example, if the victim provoked the dog or trespassed on the owner's property, their claim may be invalidated.
Statute of Limitations:

In Maryland, there is a limited time frame within which a dog bite victim can file a lawsuit seeking compensation. The statute of limitations for personal injury claims, including dog bites, is generally three years from the date of the injury. It's crucial to act promptly and consult with an attorney if you believe you have a valid claim.
Defenses for Dog Owners:

While Maryland's dog bite laws impose strict liability on dog owners, there are some defenses available to them. For example, if the victim was trespassing on the owner's property at the time of the incident or was engaged in unlawful activity, the owner may be able to avoid liability. Additionally, if the dog was provoked or harassed by the victim, this may serve as a defense for the owner.

Conclusion

Understanding Maryland's dog bite laws is essential for both dog owners and victims of dog bites. By knowing your rights and responsibilities, you can take appropriate steps to prevent dog bites and seek compensation if you or a loved one is injured. If you have questions about Maryland's dog bite laws or need legal assistance after a dog bite incident, don't hesitate to consult with a knowledgeable attorney who can provide guidance tailored to your specific situation.

Stay informed, stay safe, and let's work together to create safer communities for humans and animals alike.

Staying Positive Amidst Adversity: Strategies for Resilience

Fri, 22 Mar 2024 15:07:30 GMT

Life has a way of throwing curveballs when we least expect it. Whether it's facing personal challenges, navigating difficult times at work, or dealing with global crises, it's natural to feel overwhelmed when everything around us seems to be going wrong. However, maintaining a positive outlook in the face of adversity is not only possible but essential for our mental and emotional well-being. Here are some strategies to help you stay positive when everything around you is going bad:

Practice Gratitude:

Even in the darkest of times, there are always things to be grateful for. Take a moment each day to acknowledge the blessings in your life, no matter how small they may seem. Keeping a gratitude journal can help shift your focus from negativity to appreciation, fostering a more positive mindset.
Focus on What You Can Control:

While there may be many things beyond your control, there are also aspects of your life that you can influence. Instead of dwelling on the things you cannot change, focus your energy on taking positive action in areas where you have control. This could involve setting goals, making plans, or simply taking small steps towards improvement.
Surround Yourself with Positivity:

The company we keep can have a significant impact on our mood and outlook on life. Surround yourself with supportive friends and family members who lift you up and inspire you to stay positive. Avoid spending time with people who bring negativity into your life and seek out uplifting and encouraging relationships instead.
Practice Self-Care:

In times of stress and adversity, it's more important than ever to prioritize self-care. Make time for activities that nourish your body, mind, and soul, whether it's exercise, meditation, hobbies, or spending time in nature. Taking care of yourself physically and emotionally will help you build resilience and maintain a positive attitude.
Cultivate Optimism:

Optimism is a mindset that can be cultivated through practice and conscious effort. Challenge negative thoughts and replace them with more positive and realistic ones. Focus on finding solutions rather than dwelling on problems, and approach challenges with a can-do attitude.
Find Meaning and Purpose:

In difficult times, finding meaning and purpose can provide a sense of direction and resilience. Reflect on your values, passions, and goals, and identify ways to align your actions with what matters most to you. Engage in activities that bring you joy and fulfillment, whether it's volunteering, pursuing a creative endeavor, or connecting with your community.

Conclusion

While it's natural to feel discouraged when faced with adversity, it's important to remember that our attitude and mindset can greatly influence how we experience and navigate difficult times. By practicing gratitude, focusing on what you can control, surrounding yourself with positivity, prioritizing self-care, cultivating optimism, and finding meaning and purpose, you can remain resilient and maintain a positive outlook even when everything around you is going bad.

Remember, you are stronger and more capable than you realize. Keep moving forward with courage and determination, and brighter days will surely come.

Wishing you strength, resilience, and positivity .

Explore the World: Top Spring and Summer Destinations

Fri, 22 Mar 2024 15:07:27 GMT

As the days grow longer and the weather warms up, it's the perfect time to start planning your spring and summer getaways. Whether you're dreaming of pristine beaches, vibrant cities, or breathtaking natural wonders, the world is full of exciting destinations waiting to be explored. Here are some top picks for your spring and summer travels:

Santorini, Greece:

With its iconic white-washed buildings, stunning sunsets, and crystal-clear waters, Santorini is a picture-perfect destination for a summer escape. Explore the charming villages of Oia and Fira, relax on the island's beautiful beaches, and indulge in delicious Greek cuisine and wine.
Kyoto, Japan:

Springtime in Kyoto is truly magical, as cherry blossoms adorn the city's parks, temples, and gardens. Immerse yourself in Japanese culture as you stroll through historic districts, visit ancient temples, and participate in traditional tea ceremonies.
Amalfi Coast, Italy:

Experience la dolce vita on Italy's Amalfi Coast, where rugged cliffs meet the sparkling Mediterranean Sea. Explore charming coastal towns like Positano, Ravello, and Amalfi, sample fresh seafood and limoncello, and soak up the sun on picturesque beaches.
Banff National Park, Canada:

For outdoor enthusiasts, Banff National Park offers endless opportunities for adventure in the Canadian Rockies. Hike scenic trails, kayak on turquoise lakes, and marvel at stunning mountain vistas. Don't forget to visit the famous Lake Louise and Moraine Lake for postcard-worthy views.
Bali, Indonesia:

Escape to the tropical paradise of Bali for a rejuvenating retreat. Explore lush rice terraces, visit ancient temples, and unwind at luxurious resorts. Whether you're seeking adventure or relaxation, Bali offers something for every traveler.
Cape Town, South Africa:

Experience the vibrant culture and stunning landscapes of Cape Town, where you can hike to the top of Table Mountain for panoramic views, explore historic neighborhoods like Bo-Kaap, and relax on beautiful beaches along the Atlantic coast.
Reykjavik, Iceland:

Embark on an unforgettable adventure to Iceland, where you can witness the midnight sun, soak in geothermal hot springs, and marvel at otherworldly landscapes. Don't miss the chance to explore the Golden Circle, visit the Blue Lagoon, and chase the Northern Lights.

Conclusion

Whether you're seeking relaxation, adventure, or cultural immersion, the world is brimming with exciting destinations to discover this spring and summer. From the azure waters of Santorini to the rugged beauty of Banff National Park, there's a destination to suit every traveler's preferences.

Start planning your next adventure today and create memories that will last a lifetime.

Happy travels!

Do You Have to Go to Court for a Personal Injury Claim?

Fri, 22 Mar 2024 15:07:24 GMT

One of the most common concerns individuals have when considering filing a personal injury claim is whether they'll have to go to court. The thought of facing a legal battle can be intimidating, but it's important to understand that not all personal injury claims end up in court. Let's delve into this topic to provide clarity and ease any apprehensions you may have.

Out-of-Court Settlements

Many personal injury claims are resolved without ever stepping foot in a courtroom. Through negotiation and mediation, parties can often reach an agreement that satisfies both sides. This process typically involves the injured party's attorney and the insurance company representing the at-fault party.

Advantages of Settlement

Faster Resolution: Settling out of court tends to be quicker than going through a trial, which can take months or even years.
Cost Savings: Avoiding litigation means saving on court fees, attorney fees for trial preparation, and other related expenses.
Certainty: With a settlement, both parties know exactly what they're getting and avoid the uncertainty of a jury verdict.

When Court Becomes Necessary

While many cases are settled out of court, some disputes cannot be resolved amicably. In such instances, litigation becomes necessary. Reasons for this may include:

Disagreement on Liability or Damages: If the parties cannot agree on who is at fault or the extent of damages, going to court may be the only way to resolve the matter.
Unwillingness to Settle: Sometimes, one party may be unwilling to negotiate or offer a fair settlement, forcing the other party to pursue legal action.

Your Role as the Injured Party

If your case does proceed to court, your role will be to work closely with your attorney to prepare for trial. This may involve gathering evidence, providing testimony, and attending court hearings. Your attorney will guide you through the process and advocate for your best interests every step of the way.

Conclusion

In conclusion, whether or not you have to go to court for a personal injury claim depends on various factors, including the willingness of both parties to negotiate and the complexity of the case. While many cases are settled out of court, some may require litigation to reach a resolution. Regardless of the path your case takes, having an experienced personal injury attorney by your side can help ensure that your rights are protected and that you receive fair compensation for your injuries.

Remember, if you have any questions or concerns about your personal injury claim, don't hesitate to reach out to our office where we can provide personalized guidance based on your unique circumstances.

Nurturing Your Connections: Strategies for Growing Current Relationships

princewilliams@avidlawfirm.com (Prince Williams) — Fri, 09 Feb 2024 00:40:17 GMT

In a world filled with hustle and bustle, it's easy to let our valuable relationships slide into the background. Whether it's with friends, family, or colleagues, nurturing these connections is essential for our well-being and success. Here are some effective strategies to help you grow and strengthen your current relationships:

Regular Communication : Make a conscious effort to stay in touch with the people in your life. This can be through regular phone calls, text messages, or even meeting up for coffee or lunch. Set aside time each week to reach out to someone you care about and catch up on each other's lives.
Listen Actively : When interacting with others, practice active listening. This means giving your full attention to the person speaking, maintaining eye contact, and showing empathy and understanding. By truly listening to others, you demonstrate that you value their thoughts and feelings, which helps to deepen your connection.
Show Appreciation : Take the time to express gratitude and appreciation for the people in your life. Whether it's a simple thank you note, a heartfelt compliment, or a small gesture of kindness, showing appreciation goes a long way in strengthening relationships and making others feel valued and respected.
Be Authentic : Authenticity is key to building meaningful relationships. Be genuine and true to yourself when interacting with others. Share your thoughts, feelings, and experiences openly, and encourage others to do the same. Authenticity fosters trust and deeper connections.
Invest Time and Energy : Building and maintaining relationships takes time and effort. Make a conscious effort to prioritize your relationships and invest time and energy into nurturing them. This may involve scheduling regular meetups, participating in shared activities, or simply being present and available when needed.
Resolve Conflicts Constructively : Conflicts are a natural part of any relationship, but how you handle them can make a big difference in the outcome. Approach conflicts with an open mind and a willingness to listen and understand the other person's perspective. Focus on finding common ground and working together to find a resolution that benefits both parties.
Celebrate Milestones and Achievements : Take the time to celebrate the milestones and achievements of the people in your life. Whether it's a promotion at work, a personal accomplishment, or a birthday, acknowledging and celebrating these moments shows that you care and strengthens your bond.

By incorporating these strategies into your daily life, you can cultivate and grow your current relationships, enriching your personal and professional life in the process. Remember, relationships are like plants – they require care, attention, and nurturing to thrive. So, make it a priority to tend to your connections and watch them flourish over time.

Love is in the Air: Valentine’s Day Ideas for Loved Ones

Fri, 09 Feb 2024 00:40:17 GMT

With Valentine's Day just around the corner, it's time to start planning a special day filled with love and romance. Whether you've been together for years or are celebrating your first Valentine's Day as a couple, there are plenty of creative and meaningful ways to make the day unforgettable. Here are some ideas to inspire you:

Homemade Candlelit Dinner : Skip the crowded restaurants and opt for a cozy and intimate dinner at home. Prepare your partner's favorite meal together or surprise them with a homemade feast. Set the mood with soft candlelight, romantic music, and a beautifully set table for two.
DIY Spa Night : Treat yourselves to a relaxing spa night at home. Create a spa-like atmosphere with scented candles, essential oils, and plush robes. Take turns giving each other massages, facials, and pampering treatments. It's the perfect way to unwind and bond with your partner.
Outdoor Adventure : If you both love the great outdoors, why not plan an outdoor adventure together? Go for a scenic hike, have a picnic in the park, or rent bikes and explore a new trail. Spending time in nature is not only romantic but also rejuvenating for the mind and body.
Memory Lane : Take a trip down memory lane by revisiting meaningful places from your relationship. Whether it's the spot where you had your first date, the park where you shared your first kiss, or the beach where you watched the sunset together, reminiscing about your journey as a couple can be incredibly heartwarming.
Cooking Class : Sign up for a virtual cooking class and learn to whip up a new dish together. It's a fun and interactive way to bond while honing your culinary skills. Plus, you'll have a delicious meal to enjoy at the end of the class.
Stargazing : Head outdoors on a clear night and cuddle up under the stars. Bring a blanket, some hot cocoa, and a telescope if you have one. Spend the evening stargazing and marveling at the beauty of the night sky together.
Movie Marathon : Plan a movie marathon featuring your favorite romantic films or a series you've been wanting to watch together. Pop some popcorn, snuggle up on the couch, and enjoy a cozy night in with your partner.
Love Letter Exchange : Take the time to write heartfelt love letters to each other. Express your feelings, share your favorite memories, and reaffirm your commitment to each other. Exchange the letters on Valentine's Day and cherish them as keepsakes of your love.

Remember, it's the thought and effort you put into celebrating Valentine's Day that truly matters. Whether you choose a grand gesture or a simple heartfelt gesture, what's important is expressing your love and appreciation for your partner. Happy Valentine's Day!

Navigating the Aftermath: A Guide to Action After a Car Accident

Fri, 09 Feb 2024 00:40:17 GMT

In the blink of an eye, a car accident can turn a routine drive into a stressful and overwhelming experience. Amid the chaos and confusion, knowing what steps to take can make a significant difference in ensuring your safety, well-being, and protecting your legal rights. Here's a comprehensive guide on what to do when you've been in a car accident:

Prioritize Safety:
Check for injuries and call for medical assistance if needed.
If possible, move vehicles to a safe location to avoid further accidents.
Contact Law Enforcement:
Call the police to report the accident, providing accurate details.
Obtain the names and badge numbers of responding officers.
Exchange Information:
Exchange contact and insurance information with the other involved parties.
Collect names, phone numbers, addresses, and insurance details.
Document the Scene:
Take photos of the accident scene, including damage to vehicles and any relevant road conditions.
Note the time, date, and location of the accident.
Gather Witness Information:
If there are witnesses, collect their names and contact information.
Witness statements can be crucial for insurance claims and legal proceedings.
Avoid Admitting Fault:
Be cautious about admitting fault, as determining liability is a complex process.
Stick to factual information when discussing the accident.
Seek Medical Attention:
Even if injuries seem minor, seek medical attention promptly.
Some injuries may not manifest immediately, and a medical evaluation is crucial for documentation.
Notify Your Insurance Company:
Report the accident to your insurance company as soon as possible.
Provide accurate and detailed information to facilitate the claims process.
Consult with an Attorney:
If the accident involves serious injuries or disputes, consider consulting with a personal injury attorney.
An attorney can guide you through the legal complexities and protect your rights.
Keep Records:
Maintain a file with all relevant documents, including medical records, police reports, and communication with insurance companies.

Remember, taking these steps after a car accident can help protect your interests and facilitate a smoother resolution. Stay vigilant, prioritize safety, and seek the necessary support to navigate the aftermath with confidence.

Stay safe on the roads.

Celebrating Black History Month: Why It Remains Relevant Today

Fri, 09 Feb 2024 00:40:17 GMT

As we enter the vibrant and significant month of February, we are reminded of the importance of Black History Month. While the achievements, contributions, and struggles of the Black community are woven into the fabric of our collective history, taking the time to specifically honor and celebrate these narratives holds enduring significance. Here's why Black History Month remains relevant and essential in our contemporary world:

Acknowledge Achievements and Contributions: Black History Month provides a dedicated space to recognize and celebrate the extraordinary accomplishments and contributions of Black individuals throughout history. From groundbreaking inventions to artistic masterpieces, these achievements have enriched our global society in countless ways.
Educate and Raise Awareness: Embracing Black History Month fosters education and awareness, promoting a more inclusive understanding of our shared past. By delving into the diverse experiences of the Black community, we broaden our perspectives and challenge historical narratives that may have been overlooked or marginalized.
Inspire Future Generations: Highlighting the achievements of Black pioneers serves as an inspiration for present and future generations. By showcasing stories of resilience, determination, and success, we empower individuals to overcome challenges and pursue their dreams irrespective of societal barriers.
Promote Cultural Understanding: Black History Month is an opportunity to foster cultural understanding and appreciation. By exploring the rich tapestry of Black history, we enhance our understanding of diverse cultures, traditions, and perspectives, ultimately promoting unity and solidarity.
Address Social Injustices: The celebration of Black History Month prompts crucial conversations about social justice and equality. It encourages us to confront historical injustices and work towards building a more equitable future for all. It's a reminder that the fight for justice is ongoing and requires collective efforts.
Celebrate Diversity: Black History Month is a celebration of diversity within the Black community itself. From different regions, backgrounds, and cultures, the month encourages us to embrace and appreciate the multifaceted nature of Black identity.
Challenge Stereotypes: By delving into the diverse stories within Black history, we challenge and break down stereotypes. Black History Month allows us to move beyond preconceived notions, fostering a more accurate and nuanced understanding of the myriad contributions made by individuals of African descent.

In essence, Black History Month serves as a powerful reminder that history is a dynamic tapestry woven with the threads of diverse experiences. By celebrating this month, we actively contribute to a more inclusive and enlightened society.

Here's to embracing and celebrating the rich tapestry of Black history.

5 Common Personal Injuries and Their Legal Implications

Fri, 17 Nov 2023 21:28:00 GMT

Unfortunately, personal injuries occur all the time. From seemingly harmless slips and falls to serious car accidents, these personal injuries can cause varying levels of physical, emotional, and financial hardship. In many cases, individuals who suffer personal injuries have the legal right to seek financial compensation. This compensation can be a lifeline for someone who has experienced a personal injury, helping to cover medical expenses, replace lost income, and even address intangible costs like physical pain and emotional suffering. In this article, we’ll delve into five of the most common personal injuries, shedding light on the legal implications, rights, and procedures to be aware of when pursuing compensation in Maryland.

Can I Sue for Personal Injury?

Suing for personal injury is a legal recourse available to those who've suffered harm due to another person’s negligence or intentional actions. For example, if your injury was a result of someone else’s carelessness or recklessness, you may be able to sue them for negligence. In cases where someone has attempted to harm you purposefully, you may secure punitive damages in addition to financial compensation. Seeking legal representation from a specialized firm such as AVID Law Firm, LLC should be your first step in these situations.

Workplace Injuries

Workplace injuries can occur in various industries, from construction to office jobs. Maryland law mandates that employers provide workers' compensation insurance , ensuring injured employees receive medical care and lost wage benefits. In some cases, personal injury lawsuits may be pursued if gross negligence is involved, but the workers' comp system is the primary avenue for compensation. This system is a no-fault system, meaning employees can generally receive benefits regardless of how the injury occurred.

Car Accidents

Car accidents are a very common cause of personal injury cases in Maryland and across the United States. These accidents may occur for any number of reasons , including distracted driving, speeding, driving under the influence, inexperience, fatigue, road defects, and mechanical failures. Typically, the legal implications involve determining who is at fault. Maryland follows a contributory negligence rule , meaning if you are found even slightly at fault for the accident, you may not recover damages. This means it’s crucial to gather evidence, including police reports and witness statements, to establish liability.

Medical Malpractice

Medical malpractice cases involve injuries resulting from healthcare professionals’ errors or negligence. Laws in Maryland require a certificate of merit before a lawsuit can proceed. This document, issued by a medical expert, supports your claim that a healthcare professional's negligence led to your injury. Maryland also places caps on non-economic damages in medical malpractice cases. This cap limits the amount that can be awarded for pain and suffering while allowing economic damages like medical bills and lost wages to be compensated.

Slips and Falls

Slips and falls can occur on public or private property , often resulting from wet floors, uneven surfaces, or poor maintenance. If you can prove negligence from the property owner, you can seek compensation for medical expenses and other damages. Keep in mind that it's essential to prove that the property owner knew (or should have known) about the dangerous condition and failed to address it.

Product Liability

People can also be injured by defective products, leading to product liability claims. These injuries are often caused by manufacturing defects, design flaws, or a failure to provide adequate warnings about a product’s risks. As explained by Compliance Gate, Maryland follows strict product liability principles , meaning the injured party only needs to demonstrate that the product was defective and that the defect caused their injury. Product liability laws in Maryland provide a legal avenue for seeking compensation from manufacturers, distributors, or sellers.

Personal injuries are a common part of life. Thankfully, the law provides avenues for those who have suffered harm due to negligence or intentional actions to seek financial compensation. Whether it's car accidents, workplace injuries, medical malpractice, slips and falls, or product liability cases, it’s crucial to understand the legal implications, especially those specific to your state.

If you’ve been injured, don’t wait. Call AVID Law Firm, LLC at 240-561-7433 for a comprehensive case evaluation and receive the compensation you deserve.

How Are Crimes Categorized in Maryland?

Tue, 29 Oct 2019 12:41:00 GMT

In Maryland, all crimes fit into one of five different categories. Understanding the nature of the offense and what category it falls under can help you create a strategic defense plan. Here’s what you should know about crime classification and how to get legal assistance after being charged with a crime.

Violent

Violent crimes are crimes committed against another person to harm them and are usually charged as a felony. These are among the most serious crimes that an individual can be charged with and often result in lifetime prison sentences and tens of thousands of dollars in fines. Examples of common violent crimes include murder, manslaughter, rape, kidnapping, endangerment, harassment, and assault.

Property

Crimes against property can carry serious consequences, but depending on the nature of the crime, may be charged as a misdemeanor or felony. Property crimes include carjacking, petty theft, vandalism, arson, and motor vehicle theft. However, many property crimes can be charged in conjunction with violent crimes.

For example, a carjacking might also include an assault charge for harming the driver or an arson charge may have an accompanying murder charge if someone died in the building that was burned.

Public Order

Public order crimes are offenses considered to disrupt the community or harm the good of the public. They include but are not limited to public intoxication, disorderly conduct, drug possession, pornography-related crimes, and prostitution.

Enterprise

Enterprise offenses are crimes that combine a legitimate business entity with the crime, often obscuring the illegal activity. Sometimes this type of crime is called organized or syndicate crime. This includes but is not limited to money laundering, bootlegging, and human trafficking. Enterprise crimes can sometimes be charged in conjunction with violent crimes, like in the case of human trafficking.

White Collar

Many enterprise crimes, like money laundering, are also considered white-collar crimes. These offenses are crimes that are financially motivated and non-violent in nature. Usually, these crimes are committed by professionals or business owners, and also include embezzlement, intellectual property crimes, bribery, fraud, insider trading, identity theft, and forgery.

Do You Need a Criminal Defense Lawyer?

If you were charged with any crime — whether misdemeanor or felony — it’s critical that you reach out to an experienced Bethesda criminal defense attorney as soon as possible. The Avid Injury & Criminal Defense Law Firm can help protect your rights under Maryland law. Contact us today to schedule a consultation at (240) 561-7433.

What Can I Do to Prevent a Rear-End Car Crash?

Wed, 18 Sep 2019 15:33:00 GMT

Rear-end collisons are common and can range from a simple bump at a stop light to a high-speed accident that results in critical injuries or even death. Here’s how you can avoid a rear-end accident and what steps to take if you do happen to be involved in one.

How to Prevent a Rear-End Collision

1. Don’t follow other cars too closely.

Leave plenty of space between you and the vehicle in front of you — ideally one car length for every ten miles per hour you’re driving or more. If they stop suddenly, this gives you enough time to react and slow down before you collide with them.

2. Avoid driving while distracted.

Distracted driving increases the risk of causing a car accident substantially, especially a rear-end one. Avoid distractions like eating and driving or changing the climate controls frequently when you can, and don’t text and drive under any circumstances.

3. Fix broken taillights as soon as possible.

Walk around your car every so often and check your brake lights. Replace them as needed to make sure you’re always visible by other cars at night. Don’t drive without fully operating brake lights (or any other light); this makes it easier for other cars to miss you.

4. Avoid slamming on your brakes.

Slamming on your brakes, especially if someone is close behind you, increases the risk of a rear-end collision. You should only do so when it’s unavoidable; whenever possible, come to a stop gradually.

5. Let aggressive drivers go around you.

Don’t engage with drivers who appear to be aggressive or intoxicated. Instead, pull over to the side of the road or slow down so they can pass you.

6. Don’t drive when you’re tired.

Driving tired has been shown to be as much of an impairment as driving after having a few drinks. If you’re drifting off behind the wheel, you may miss when someone ahead of you slows down or stops. Pull over if you’re fatigued or ask someone else to drive for you until you’ve rested.

Were You Injured in a Rear-End Car Crash? Call Today

Don’t let a negligent driver get away with hurting you or a loved one in a rear-end accident. The AVID Injury & Criminal Defense Law Firm can help you get justice and compensation for your medical bills, vehicle damage, and suffering. Call for a consultation to discuss the details of your case today at (240) 561-7433.

Why Do Distracted Driving Accidents Happen?

Fri, 09 Aug 2019 15:33:00 GMT

Distracted driving accidents are extremely common in the United States, but they’re responsible for thousands of deaths every year. If you or a family member have been hurt in a distracted driving accident, it’s important to understand what caused the collision and how you can get legal help after the crash.

Texting & Driving In Maryland

Texting and driving causes numerous collisions every year, giving it a notorious reputation. 1 in 4 car accidents are caused by texting behind the wheel and 78% of distracted drivers aren’t paying attention to the road because they’re texting. Every year, 330,000 accidents caused by distracted driving result in serious injury.

Eating While Driving

Eating and driving is a common activity that isn’t usually seen as dangerous. However, accidents are often caused by drivers who were eating behind the wheel and didn’t have both hands available to maintain control over the vehicle. Also, immediate responses to surprises like spills can cause you to lose control over the car.

Talking

Talking to passengers typically isn’t a dangerous activity, but it can be if you’re turning to face them. This causes you to take your eyes off the road and can potentially cause you to accidentally jerk the wheel.

Using the Mirror

Mirrors in a car are designed to help you see your surroundings, however, they’re often used for things like putting on makeup. In traffic, when the car is stopped, this usually isn’t an issue. But using the mirror for things like applying makeup or other beauty routines takes your eyes off the road for too long; it only takes a couple seconds for an accident to happen.

Changing the Radio

Typically, changing the radio while driving is safe. However, if you’re spending minutes flipping through radio stations while looking at the display, you’re likely more distracted than you should be while driving. To safely change the radio, with the stations one at a time and put your eyes on the road each time; don’t focus too long on the controls without checking your surroundings.

Should You Contact an Attorney if You Were Hurt in a Distracted Driving Accident?

If you or someone you love were hurt in a car accident caused by a distracted driver, it’s important that you have strong legal advocacy on your side. Reach out to the Avid Injury & Criminal Defense Law Firm to learn more about your eligibility for financial compensation after a collision. Call now at (240) 561-7433. Serving Bethesda and surrounding areas in Maryland.

How Can I Defend Against Maryland Methamphetamine Charges?

Tue, 30 Jul 2019 15:20:00 GMT

If you were charged with the possession of meth in Maryland, you stand to face life-changing penalties, including jail time, thousands of dollars in fines, and a permanent criminal record. Here’s what you should know about federal and state meth laws and how you can defend your rights under the law after being charged with methamphetamine possession.

Federal Methamphetamine Laws

Methamphetamine is illegal on a federal level and possession carries with it certain mandatory minimum sentences. This means that the minimum sentence is the least you could be issued. For the possession of five or more grams of meth, the mandatory minimum sentence is five years in prison with a maximum of 40 years. For the possession of fifty or more grams of meth, the mandatory minimum sentence is ten years in prison with a maximum of a life sentence.

Maryland State Methamphetamine Laws

Maryland state laws also penalize the possession of methamphetamine. Simple possession is typically considered a misdeameanor and punishable by up to 4 years in prison and/or a fine of up to $25,000. If you are found bringing meth into the state, however, the jail time and fines increase substantially. For up to 28 grams, you could be charged with a felony and sentenced to up to 25 years in prison and up to a $50,000 fine.

Possible Defenses for Methamphetamine Possession

There are many ways to defend against meth possession charges. Depending on the circumstances of your case, you may be able to argue that:

The substance in question was not methamphetamine
You did not know that the substance was methamphetamine
You were not aware of the presence of meth, or the meth was not yours
You had a valid prescription for the methamphetamine

If you were charged with intent to sell, the penalties you stand to face are even greater, especially if you are being charged with intent to sell to a minor or while within a certain distance from a school building. You may be able to argue that you were simply possessing the drug for personal use.

When You Need to Call a Maryland Drug Possession Attorney

Don’t wait to get legal help after being arrested for the possession of methamphetamine in Maryland. When your future is on the line, you need someone on your side who can provide you with aggressive, comprehensive legal support. Contact the Avid Injury & Criminal Defense Law Firm today for more information at (240) 561-7433 .

How Do You File a Ridesharing Accident Lawsuit?

Tue, 25 Jun 2019 17:35:00 GMT

Ridesharing is becoming more popular across the U.S., especially in urban areas where it may be harder to navigate traffic or park with your own vehicle. Ridesharing vehicles can be involved in devastating accidents though, leaving you or a loved one injured. Here’s what to do after a ridesharing accident and how to file a lawsuit.

First Steps to Take After a Ridesharing Accident

Ridesharing accidents are like most other car accidents when you’re on the scene. Make sure you:

Contact emergency services if anyone involved in the crash was hurt.
Contact the police to report the accident if no one was harmed in the collision.
Screenshot the receipt for your ride on the Uber or Lyft app, and take photos of the accident if you can.
Get the contact information from any witnesses who may have seen the accident.
Seek medical care right away, even if you don’t feel like you’ve been injured.

Ridesharing accidents may not seem very different in terms of how they’re handled on the scene, but the process of handling an insurance claim and a potential lawsuit is.

What You Need to Know About Ridesharing Insurance

The two most popular ridesharing companies, Uber and Lyft, have identical insurance policies. The coverage changes depending on whether the driver is offline, available, en route, or on a trip. If a driver is offline, they are only covered by their personal auto insurance policy. When drivers are available but not on a trip or en route, they carry liability coverage of up to 50k/25k/100k for bodily injury, property damage, and total damages, respectively. When a driver is en route or on a trip, liability coverage increases to $1 million.

Bringing Forward a Lawsuit for Damages

Injured in a ridesharing accident? You may be able to collect compensation for more than property damage and medical expenses. A lawsuit can help you recover restitution for lost wages and pain and suffering, among other damages. It’s important to discuss your case with a Personal Injury Lawyer to determine if the driver’s negligence or carelessness caused the accident and if you can sue the company, the driver, or both.

Reach Out to an Experienced Car Accident Lawyer Now

Don’t wait to reach out to a car accident attorney with the skills to adequately represent you in a ridesharing accident case. You need sound legal advice now more than ever — contact the Avid Injury & Criminal Defense Law Firm today at (240) 561-7433 .

What Happens When Your Accident Was Caused by an Uninsured Motorist?

Wed, 15 May 2019 13:57:00 GMT

Life can change in an instant when you’re involved in a car accident.

The costs of being in a car accident can be astronomical, especially if you or a loved one were severely injured in the collision. If the driver who hit you does not have insurance at all or doesn’t have enough insurance to cover your damages, the way you handle the situation differs some from making a simple collision claim.

Here’s what you need to do after getting into an accident with an uninsured/underinsured motorist and how to get help after a devastating accident.

Call the Police

It’s important to contact the authorities after a car accident to get a formal record of the event, even if the other driver discourages you from doing so. If no injuries exist, call the police to respond to the scene. If one or more people in your vehicle or the other driver’s vehicle were hurt, call an ambulance and get immediate medical attention.

Don’t Discuss Fault

The other driver may try to blame you for the accident, or if they believe they were at fault, they may try to discourage you from reporting the accident. Leave fault off the table — don’t discuss it at all and definitely don’t admit to it. The police and your insurance company can review the facts and will assign fault based on the evidence available.

Don’t Accept Money

The other driver may try to pay you or settle things with you privately instead of reaching out to your insurance company. Don’t accept money or agree to refrain from reporting the accident. This could compromise any case you may have later, either against their insurance company if they were underinsured or against them civilly.

Call Your Car Insurance Provider

If the person who caused your accident was uninsured or underinsured, you may be able to file a claim with your own insurance company using your uninsured/underinsured motorist coverage. This coverage is designed specifically to pay for damages like medical bills, lost wages, vehicle damage, and any other expenses that are a direct result of the accident. You may also be able to hold the other driver civilly liable for the accident in some cases.

Consult with a Maryland Personal Injury Lawyer

Were you or a loved one hurt in a car accident caused by an uninsured or underinsured motorist? The Avid Injury & Criminal Defense Law Firm can help. Call today for a consultation to discuss your legal options at (240) 561-7433 .

What Is Compensable in a Slip and Fall Accident?

Thu, 25 Apr 2019 04:23:00 GMT

Slip and fall accidents are common in Maryland and they can cause injuries that range from mild to severe.

Many people mistakenly believe that a slip and fall accident is simply an accident, however, if the personal injury occurs on someone else’s property, you may be able to collect compensation. Here’s what you need to know about compensable damages in a slip and fall case and where to get legal help.

Types of Injuries Caused by Slip and Fall Accidents

Slip and fall incidents can cause a number of injuries that range in severity. The more severe the fall, the more critical the injuries are likely to be. For example, tripping and falling down a flight of stairs is more likely to cause serious injuries or even death, whereas slipping and falling straight down onto the ground is unlikely to be as significant.

Some of the injuries that can arise from a slip and fall incident include but are not limited to:

Closed head injuries, such as contusions and concussions (open head injuries can occur but are much less common in slip and fall accidents)
Fractured or broken bones
Bruises
Skin lacerations
Muscle injuries
Spinal cord injuries

Often, the shock of the fall and the adrenaline rush that follows can keep you from feeling your injuries until much later. It’s important to be thoroughly evaluated by a medical professional following a slip and fall.

Compensable Damages After a Slip and Fall

There are usually significant costs related to personal injuries that tend to rise the more severe the injury is. There are three types of damages awarded in personal injury cases — economic, non-economic, and punitive damages.

Economic Damages — monetary costs associated with the accident
Hospitalization
Surgery
Physical therapy
Medications
Medical devices
Lost wages
Non-economic Damages — costs that don’t have a numerical value
Pain and suffering
Mental anguish
Punitive Damages — damages paid to the victim as a penalty for gross negligence or carelessness

What types of damages you can list on your lawsuit depends largely on the circumstances of your case and what happened to cause your injury. It’s also important to assess whether or not the owner or manager of the property you were injured on is liable.

Contact a Bethesda Personal Injury Lawyer Today

If you were injured in a slip and fall accident, don’t wait to get legal help. Contact the Avid Injury Injury & Criminal Defense Law Firm today by calling (240) 561-7433 .

What Should I Say After a Car Accident?

Tue, 19 Mar 2019 18:01:00 GMT

After a car accident, adrenaline is running high.

It can be hard to think rationally about what you should (and shouldn’t say), but what comes out of your mouth at the scene of a car crash can have a significant impact on any case you want to bring forward in the future. Here are some examples of good things to say when you’re involved in a car accident.

What to Say

“Is everyone okay?”

Always check to see if anyone needs emergency medical attention after a car accident.

“What’s your name and address?”

It’s important to get the other driver’s contact information, including their name, address, and phone number. You should also provide your identifying information to them.

“What is your insurance information?”

You should request their insurance information too, even if the accident was minor and they ask to settle up with you privately instead of reporting the accident to insurance. Provide them with a copy of your insurance information as well.

“Did anyone witness the accident?”

If anyone nearby watched the accident happen, get their name and number. Their testimony could prove to be extremely valuable.

What Not to Say

“I’m so sorry, I didn’t see you there!”

You should never apologize after an accident, even if you just mean that you’re sorry that the accident happened. This could be construed as admitting fault. You also don’t want to actually admit fault, such as you didn’t see the other driver in their vehicle before the accident.

“My brakes haven’t been working well lately, I need to get them fixed.”

Avoid discussing any issues with your car. If you do, it’s easy to argue that you knew about the problems and that they were a danger to yourself and others, and that you were negligent in getting the issue corrected.

“I’m sorry, I was texting.”

Texting and driving is illegal, so you should never admit to using your cell phone in any way just prior to the accident. There’s a good chance that your phone records will be pulled anyway to determine if you were texting and driving.

Injured in an Auto Accident? Contact Avid Injury & Criminal Defense Law Firm

If you or a loved one were hurt in a car accident, you need someone on your side who can advocate for your rights and best interests. Contact Avid Injury & Criminal Defense Law Firm today for a consultation by calling (240) 561-7433.

How Do I Know If My Dog Bite Is Infected?

Thu, 21 Feb 2019 19:42:00 GMT

Dog Bite Infections: What You Need To Know

Any wound can become infected, but a dog bite creates a higher risk of infection due to the amount of bacteria dogs have in their mouth. Couple this with the potential for very deep wounds due to a dog’s sharp teeth and an infection can get serious very quickly. It’s important that you’re on the lookout for signs of dog bite infection and to get medical care right away if you notice any of them. Then, it’s important to talk about compensation for your injury with an experienced attorney.

1. Redness, Drainage, and Heat

Keep an eye on your dog bite for signs of superficial infection, like redness, white drainage, and heat coming from the wound. You may be able to do some home care before seeing a doctor, such as washing the wound with hydrogen peroxide or an antibacterial wound cleanser, and dressing it with a clean bandage. However, if you can’t get into the doctor or an urgent care clinic right away, you may need to go to the emergency room.

2. Red Streaking

If you see red streaks on your skin starting around the bite wound and traveling towards the center of your body, this is the sign of a potentially serious blood infection that may become fatal if not treated quickly enough. If you were bitten by a dog and you see red streaks coming from the wound, go to the emergency room as quickly as possible.

3. Fever and/or Chills

If you begin to run a fever or have chills, this could be a sign of your body dealing with a systemic infection. If this is coupled with other symptoms like lethargy or red streaking, it’s critical to get immediate medical care.

You may have visited a physician immediately after the bite and they may have discussed with you what to be aware of and potential indicators of an infection. Go over your discharge papers and be vigilant until you are well healed. If any symptoms of infection arise, seek treatment right away.

Contacting a Lawyer

If your dog bite wound has become infected and you’ve been treated, the next step is to contact a Maryland personal injury attorney. A lawyer can help you pursue compensation for medical bills, lost wages, and the emotional impact of a dog attack.

At the Avid Injury & Criminal Defense Firm, we have experience working with clients who were severely injured by a dog. Contact us today for a consultation at (240) 561-7433.

Were You the Victim of Emergency Room Negligence?

Thu, 17 Jan 2019 21:59:00 GMT

When A Visit To The ER Goes Wrong

When you are in severe pain, seriously ill, or have been injured, a trip to the emergency room is often unwanted but necessary. When you visit the ER, you expect for the physicians there to order the appropriate diagnostic tests and provide you with quick treatment and relief when possible. Unfortunately, emergency room patients are often the victim of medical negligence. Here’s what you need to know about medical malpractice in the ER and how you can get legal help if you or a loved one have suffered as a result of negligence.

Delayed Diagnosis or Failure to Diagnose

There’s no doubt that emergency room physicians are busy. However, each patient is owed a standard of care when they arrive no matter how busy, tired, or stressed the attending physician is. One of those standards is to provide an accurate diagnosis in a timely manner, especially when the condition is serious. One of the most common forms of medical negligence in the emergency room is delayed diagnosis or failure to diagnose. For critical issues like heart attacks, strokes, and meningitis, this can result in a patient’s condition worsening or even their death.

Contamination

Most hospitals use clean, disposable, or sterile tools when they treat patients. This has become standard practice in the industry, however, some hospitals or hospital staff may not abide by this. The use of contaminated blood products when treating a patient can cause the spread of bloodborne diseases like HIV and Hepatitis C, which are serious, lifelong conditions that have the potential to result in death.

Injury

While there may be a risk of injury during certain procedures, it’s the responsibility of hospital staff to do everything within their power to avoid injury whenever possible. Carelessness and negligence can increase the chances of injury, which can range from mild to critical and even life-threatening.

When to Contact a Personal Injury Attorney

If you or a loved one have been the victim of medical negligence in the emergency room, you may be entitled to compensation if you’ve suffered damages as a result. The first step is consulting with an attorney to learn more about your legal options.

Who Can Be Held Liable in My Truck Accident Case?

Mon, 17 Dec 2018 14:54:00 GMT

Truck Accident Liability: What You Need To Know

Suffering an injury as a result of a truck accident can be life-changing. If you’re critically or permanently injured, it may never be the same again — and the likelihood of catastrophic injuries is higher with truck accidents than it is with car-on-car accidents. Here’s what you need to know about who can be held liable in your truck accident case.

The Truck Driver

Most often, it’s the truck driver who is held responsible. If he or she is driving negligently, drinking and driving, or operating the truck against regulations (such as driving too many hours, leading to severe fatigue), the driver is typically considered at-fault. The driver’s insurance company would be the one to pay out on a claim, however, in some cases, a driver may be held personally financially responsible.

The Company the Truck Driver Works For

Companies that fail to properly train their employees or fail to provide safe, working trucks for drivers may be held responsible for a truck accident.

The Maintenance Facility

In cases where a truck is improperly maintained, the facility where the truck received maintenance may be considered at-fault. For example, the maintenance facility may be held liable if they did not properly install new brake pads as directed and the truck could not come to a stop and rear-ended another driver.

The Owner of the Truck

Truck owners have a responsibility to keep their trucks in good, working condition, especially when those trucks are used in commercial transport. Often, the truck owner is the same as the trucking company, or in cases of owner-operator trucks, it may be the driver. However, this is not always the case. The owner may be a separate entity entirely and may be liable for injuries caused by his or her negligence in maintaining a safely operable truck.

More than One Party

Contrary to popular belief, it is possible to hold more than one party responsible for damages if they played a role in causing the accident. For example, if the maintenance facility failed to properly install brakes but the driver was intoxicated at the time of the accident, both may be considered at-fault and each may be sued for damages.

Involved in a Truck Accident? Contact Avid Personal Injury Today

At Avid Personal Injury, we know how devastating a truck accident can be. We also know that going head-to-head with the legal teams of large trucking companies is difficult and intimidating. We can help. Call today for a consultation at 240-561-7433.

Can a Motorcycle Helmet Save Your Life?

Thu, 13 Dec 2018 20:50:00 GMT

Motorcycle accidents are unfortunately not all that uncommon. However, injuries tend to be lessened when the rider is wearing the proper protective gear. Learn about what Maryland law has to say about helmets when riding a motorcycle and how it may save your life in the event that you’re involved in a motorcycle accident. Maryland [Read More]

The post Can a Motorcycle Helmet Save Your Life? appeared first on Avid Injury and Criminal Defense Law Firm .

How Soon Should You File a Lawsuit After a Car Accident?

Tue, 23 Oct 2018 20:26:00 GMT

If you’ve been injured in a car accident due to someone else’s negligence or carelessness, you will likely want to file a personal injury claim. However, when you should file it is a little more complicated. You can’t handle a car accident case on your own, but when exactly do you bring a lawyer into the situation? Here’s what you should know.

Maryland Has a 3 Year Statute of Limitations

The statute of limitations in Maryland is three years for personal injury claims. This means that if you wait more than three years to file your claim, it will likely be dismissed. You’ll want to file within the three year period, ideally well before the timeline is up.

But Should You File Right Away?

Filing a lawsuit right away has a few disadvantages, namely that you don’t quite know the extent of the damages you have incurred or will incur. For example, you may have an idea of how much damage was done to your vehicle and how much it will cost to repair or replace, but you may not know how much your medical bills will be. This is particularly true if you’re not finished with treatment yet.

Ideally, you’ll file your lawsuit after your physician has dismissed you and you’ve returned back to work. Then, your medical bills and lost wages can be easily calculated. However, if you were severely injured and potentially even permanently disabled, you may not reach the point of “conclusion” — either within the three year statute of limitations or ever.

In this case, you’ll want to go ahead and file but discuss with your attorney how you can work with a forensic accountant and expert witnesses to estimate what your future damages will likely be. A forensic accountant can help calculate your future lost wages, adjusting for bonuses, raises, and inflation. Expert medical witnesses can testify as to what ongoing care will be necessary and what it’s likely to cost. These numbers can then be used to calculate your settlement.

Contact Avid Law Firm, LLC Today

If you’ve been injured in a car accident, contact Avid Law Firm, LLC as soon as possible. Even if you don’t file your lawsuit right away, you do need the guidance of an experienced Maryland personal injury lawyer to guide you through the post-accident process up until you file and after. Call now for a consultation at (240) 561-7433.

What Are the Signs of Nursing Home Abuse?

Mon, 24 Sep 2018 08:09:00 GMT

When you place your elderly loved one in the care of a nursing home, you expect that they will be properly taken care of. You’ve vetted the nursing home, interviewed the staff, and looked at the room your loved one will be staying in. Everything seems like it will be fine.

Unfortunately, nursing homes in Maryland are often understaffed and patients aren’t given the care they need. Neglect is all too common, and in some cases, vulnerable patients are subjected to physical, emotional, sexual, and financial abuse.

Learn to recognize the signs of nursing home abuse right away and find out what you should do if you suspect your loved one was harmed in a nursing facility.

Signs of Nursing Home Abuse

Physical Abuse

Your loved one may have broken bones or bruises that cannot be explained. You may see evidence that they were restrained against their will, such as welts or marks on their wrists or ankles. If the nursing home won’t allow you to be alone with your loved one, even if asked, or if your loved one shows fear around caregivers, this is an immediate red flag.

Emotional Abuse

If your loved one has been emotionally or verbally abused, they may seem withdrawn or begin to act out of character. They may suddenly have symptoms that resemble dementia that they didn’t have before, such as rocking back and forth or mumbling quietly to themselves. They may not want to talk to you or others and may seem sad, depressed, or anxious.

Sexual Abuse

Nursing home patients, especially women, are frequently victims of sexual abuse. If your loved one contracts an STD, has frequent genital infections, or has bruising or bleeding around the pelvic area, they may have been sexually abused.

Financial Abuse

Look for unexplained withdrawals from your loved one’s bank account or their money or valuables suddenly going missing. You should also be wary of sudden requests by your loved one to change their power of attorney or revise their will.

Neglect

Neglect is another form of abuse that happens all too often in nursing homes. Weight loss and dehydration may suggest staff are not helping them to eat or drink, which more common in patients who are unable to adequately nourish themselves. Bedsores, body odor, or soiled clothing are other signs of neglect.

What to Do Next

If you think your loved one is being abused or neglected in a nursing home, contact a Maryland personal injury attorney. Your attorney can advise you of your rights and what your next steps should be to protect your loved one and others in the nursing home. Call the Avid Law Firm, LLC today at (240) 561-7433.

Should You Handle a Maryland Car Accident Claim Privately?

Sat, 18 Aug 2018 16:01:00 GMT

In some cases of car accidents, the at-fault party may try to ask if they can handle the issue privately instead of filing the claim with their insurance. This is most often the case with “fender benders” or minor collisions, and they may offer to pay you personally for medical bills and vehicle repair. Should you take them up or is handling a Maryland car accident claim privately not in your best interest?

A Private Settlement Protects the At-Fault Party

If you were asked to settle a car accident that wasn’t your fault privately, there’s a reason. A private settlement protects the at-fault party from having a car accident on their record and from having their insurance premiums go up, but it does nothing to protect the victim(s) of the collision.

The Costs of the Collison May Be More Than the At-Fault Party Agrees to Pay

It may be difficult to assess the true costs of a car accident until several weeks or even months later. For example, if you suffered whiplash, the symptoms may not be present right away. You may sign the private settlement now and then begin to experience neck pain, headaches, and other medical problems that you need treatment for. Unfortunately, the treatment would not be paid for by the at-fault party, because you each already agreed to the amount they would pay before you realized you were hurt.

Alternatively, the cost of repairs may increase as the mechanic continues working on your vehicle. Extensive damage may not be apparent until the vehicle has been serviced.

The At-Fault Driver May Be Dishonest or Unreliable

Although you may have signed an agreement that the at-fault driver will pay you a certain amount for the damages they caused, there’s not much that holds them to that agreement. You don’t know if they are reliable, honest, or trustworthy. You don’t know for sure if they will actually pay you, or if they will stop answering your calls, texts, or emails. If the driver doesn’t pay and you do file with your insurance company, they may refuse the claim if too much time has passed.

Contact a Maryland Personal Injury Attorney Today

If you were involved in a car accident caused by another driver, protect yourself, your legal rights, and your ability to pursue the full and fair damages you are owed by reaching out to a Maryland personal injury lawyer. Call the Avid Law Firm, LLC today for a consultation at (240) 561-7433.

Should You Hire a Lawyer for a 3rd Offense DUI in Maryland?

Wed, 18 Jul 2018 18:58:00 GMT

Being arrested for a DUI — whether it’s for the first time or for a second or third offense — is a frightening and upsetting experience. While it’s important to consult with an attorney any time you are arrested for drinking and driving, it becomes absolutely critical to have an experienced defense attorney on your side when you are facing penalties for a third offense. Here’s what you could be looking at if you’re convicted and how to choose an attorney who will aggressively fight for your rights under Maryland law.

Third Offense DUI Penalties

If you are charged with a third offense DUI and are found guilty, you could face serious penalties including jail time, heavy fines, the loss of your license, and a permanent criminal record. The State of Maryland imposes a fine of up to $3,000 on individuals who are convicted of a third offense DUI, and up to three years incarceration in a state prison. Additionally, up to 12 points can be assessed by the Maryland Motor Vehicle Administration, meaning that a person could lose their license immediately. Ignition interlock and monitoring, as well as mandatory alcohol counseling, may be required.

Compared to a first offense DUI, the penalties for a third offense are much harsher. A person convicted of a first offense DUI only stands to incur up to a year of jail time.

What an Experienced Maryland DUI Defense Attorney Can Do for You

If you were charged with a third offense DUI, an attorney can help. First and foremost, your attorney will attempt to have the charges against you dismissed. This may be by proving that the officer had no cause to stop you in the first place, or that the evidence that you were intoxicated at the time of your arrest was compromised in some way. Failing that, your attorney will attempt to have your charges and/or the penalties reduced. For example, your DUI lawyer may be able to negotiate probation for you instead of jail time or counseling instead of fines.

Contact the Avid Law Firm, LLC Today for a Consultation

Whether you’re facing a first, second, or third DUI charge, don’t hesitate to contact an attorney. Every minute counts when you’re building your defense. At the Avid Law Firm, we are committed to providing each of our clients with zealous, unrelenting defense under the law. Contact us today for a consultation to learn more at (240) 561-7433.

What You Need to Know About Assault Charges in Maryland

Tue, 12 Jun 2018 19:10:00 GMT

Across the U.S., assault is one of the most common criminal charges and in Maryland, it’s no different. Contrary to popular belief, you don’t have to touch someone or harm them to be charged with assault. Here’s what you need to know about assault in Maryland and what you can do to protect yourself after an arrest.

Assault Defined

To be charged with assault, you must have:

had undesired physical contact with another person (battery)
attempted undesired physical contact with another person
made someone genuinely afraid that undesired physical contact would occur

This means that although assault charges can include physical contact, they don’t necessarily have to. You can be charged with assault even if you only ever spoke to the alleged victim.

Types of Assault

There are generally two types of assault in Maryland:

Second Degree Assault

The least severe of the two, second degree assault is a misdemeanor and carries a criminal sentence of up to 10 years in prison and up to a $2,500 fine. Any assault that doesn’t meet the requirements of a first degree assault is charged as second degree.

First Degree Assault

First degree assault can be charged when a person attempts to harm someone else, intentionally causes serious physical harm to another person, or uses a firearm during an assault.

The penalties for first degree assault are serious, and include incarceration for up to 25 years in a Maryland state prison.

In either type of assault, if the victim of the assault was a police officer or other type of law enforcement official, the penalties may be increased according to the discretion of the judge.

Related Charges

While not an assault charge itself, reckless endangerment often goes hand in hand. A person who has been accused of assault may also be accused of reckless endangerment if they put another individual or several individuals at the risk of catastrophic injury or death.

While the prosecution must prove intent to successfully have someone charged with assault convicted of the crime, the same does not apply to reckless endangerment. Someone can be charged with reckless endangerment even if they did not mean to put someone else at the risk of serious injury or death.

When to Hire a Lawyer

Even misdemeanor assault charges have the potential to leave someone with a criminal record, fines, and years in prison. You can protect yourself with a number of defense strategies, but it’s crucial that you have an experienced criminal defense lawyer on your side to help.

Contact the Avid Law Firm, LLC today for a consultation at (240) 561-7433.

Does Maryland Law Make It Illegal to Decline Field Sobriety Testing?

Thu, 10 May 2018 16:39:00 GMT

You’re driving to your destination when you see those telltale blue and red lights flare up behind you. You’re being pulled over! The next thing you know, the officer is asking if you’ve had anything to drink and is requesting that you get out of your vehicle and walk heel-to-toe in a straight line. Field sobriety testing is nervewracking, inaccurate, and almost never in the driver’s best interest — so does Maryland law allow you to decline without penalty?

The Inaccuracy of Field Sobriety Test Results

Field sobriety tests can be affected by any number of things — a person’s balance, medical conditions, prescribed medications, and even something as simple as how well rested you are. Additionally, the results of the tests aren’t calculable — they’re based on the officer’s observations and are subjective. Unfortunately, many people fail these tests while perfectly sober.

Maryland and Implied Consent

Like all other states, Maryland has implied consent laws. This means that when you obtain a valid driver’s license, you give consent to chemical testing — either breath or blood — if requested by an officer. However, this law does not apply to field sobriety testing. You have the right to decline or refuse a field sobriety test without legal penalty.

How to Decline Field Sobriety Tests

How you decline to submit to a field sobriety test is important. Always be polite to officers of the law and let them know that you respectfully decline. Avoid being rude to the officer or having anything other than a courteous attitude. You may still aggravate a police officer by declining since many people don’t know that they have the right to, and you may still get arrested. However, it’s crucial to your overall defense that the officer’s body cam and dash cam show you being polite and civil to the officer who pulled you over.

Contact an Experienced Maryland DUI Lawyer Today

If you have indeed been arrested for driving under the influence of alcohol in Maryland, it’s critical that you contact an experienced defense lawyer. If you did submit to field sobriety tests, you will need a seasoned DUI attorney who knows how to aggressively discredit the tests or the results obtained from them.

Contact the Avid Law Firm, LLC today for more information about how you can protect your rights under the law during a DUI traffic stop and after an arrest. Call now for a consultation at (240) 561-7433.

What If The Drugs Weren’t In My Possession?

Tue, 10 Apr 2018 12:20:00 GMT

What Happens If The Drugs Weren’t In Your Possession?

When charged with drug possession, police officers have generally found the drugs in question and have assumed they belong to you. This may seem like a slam dunk — how can you possibly argue that the drugs the police found weren’t yours? Depending on the evidence surrounding your case, you may be able to do just that. Here’s how.

Constructive Possession vs. Actual Possession

Two types of possession exist in criminal drug cases.

Actual Possession

Actual possession is when police officers have found drugs in an area that you have exclusive control over. For example, in your pocket, your book bag, or your gym locker. For actual possession to exist, the drugs must have been found in an area that absolutely no one else could have access to. In cases like this, a more strategic defense may be to argue illegal search and seizure or an illegal stop versus attempting to argue that the drugs did not belong to you.

Constructive Possession

Constructive possession, on the other hand, is when police officers have found drugs in an area that multiple people have access to or control over, but they have assumed the drugs are yours. This leaves room to argue that the drugs were not, in fact, yours.

For example, if police found drugs in the glove compartment of the vehicle you were driving but also share with your spouse, or if they found drugs in a shared space in you and your roommate’s apartment, you may be able to argue that the drugs belonged to the other person who also had access to the space. This argument is even more effective when multiple people have access to space where the drugs were discovered.

For the State of Maryland to convict you of constructive possession, they must be able to prove that you had control over the drugs, that you knew the drugs were present, and that you knew the substance was in fact illegal. If the state is unable to prove any one of these elements, your defense becomes stronger.

Contact the Avid Law Firm, LLC Today for a Consultation

If you’ve been arrested for the possession of drugs in Maryland, it’s crucial that you protect your reputation and your record with the help of an experienced criminal defense lawyer . When you consult with the Avid Law Firm, LLC, you can trust that your case is in capable hands. Call now for a consultation at (240) 561-7433 .

How Do You Challenge DUI Blood Test Results in Maryland?

Sat, 10 Mar 2018 12:07:00 GMT

Being stopped for a DUI in Maryland is a frightening experience, especially if you were stopped without cause. Police may have ordered a blood test, or if you were in an accident, a blood test may have been obtained from you while you were in the hospital. You may think that the blood test results are final and prove or disprove your guilt, but there are many ways to fight blood test results in court. Here’s what you should know.

Was the Person Who Performed the Blood Draw Qualified to Do So?

First and foremost, the person who drew your blood must be trained and qualified to do so. Your attorney should be able to access your medical records and verify the credentials of who performed the draw. If they were not qualified, you may be able to have the blood sample omitted from the court.

Was the Equipment Used to Test the Blood Sample Properly Maintained and Calibrated?

Like breathalyzer equipment, blood testing machines must be kept maintained and calibrated. Your DUI lawyer should ask to see the maintenance records of the machine used to test your blood. If the machine has not been maintained according to the manufacturer’s directions, there’s a good chance that the state will not be able to use your blood test as evidence against you, because it could be argued that the results are inaccurate.

Was the Chain of Custody Kept Intact?

One of the most common arguments against DUI blood test results is whether or not the chain of custody remained intact. From the time your blood sample is taken to the time that it is tested, it must be accounted for. Anytime it changes hands, it must be recorded. If the hospital or lab testing facility failed to keep an accurate chain of custody records, there’s no way to prove that the blood sample even belonged to you. Your attorney should examine the chain of custody for any potential areas of weakness.

Contact the Avid Law Firm, LLC Today for a Consultation to Fight Your DUI Charge

If you were arrested for a DUI, it can be tempting to just go along with paying the fines and trying to brush the incident under the rug. However, fighting for your rights is important, and with an experienced lawyer, you can keep your record clean. Contact the Avid Law Firm, LLC today by calling (240) 561-7433 for a consultation.

What You Need to Know About MVA Penalties Associated with A Maryland DUI

Tue, 13 Feb 2018 20:07:00 GMT

Did you know that when you’re arrested for a DUI, some MVA penalties might apply immediately? Many people confuse the administrative and the criminal aspects of their case, which can be a big mistake. Your first DUI offense may seem tempting to ignore or to handle on your own because you have recently been accused and don’t have a criminal record. However, there are criminal as well as administrative MVA related penalties when arrested for DUI in the state of Maryland. The Motor Vehicle Administration imposes penalties of its own and these are separately handled from your criminal case. When a person gets a driver’s license in Maryland, they are giving their implied consent to any blood alcohol testing that is legally carried out by authorities and law enforcement.

Refusing to submit to such a testing because you are nervous about the possible outcomes could be a huge mistake as this leads to an automatic 180-day driver’s license suspension. This applies the first time that you refuse a BAC test, however, if you continue with this behavior, additional penalties may apply and involve much higher stakes. The second time that you refuse to submit to chemical testing, the penalty is a mandatory minimum of your driver’s license being suspended for one year.

In addition to the refusal to submit administrative suspensions that may apply, the MVA imposes a 45-day license suspension for your first DUI offense, a 90-day license suspension for a second DUI offense, and complete revocation of your license after you have been convicted of a third DUI. Additionally, the penalties may be raised if you were found to have very high blood alcohol content at the time of the arrest. If you were found to have a BAC at 0.15 or higher in the state of Maryland, the penalties include a 90-day suspension of your license on a first offense, a 180-day suspension for the second offense, and your complete license revocation of a third offense. This is what makes it so important to hire an experienced Maryland DUI lawyer as soon as possible.

How Could a Drug Conviction Affect Your Future?

Tue, 09 Jan 2018 13:06:00 GMT

If you have recently been accused of any drug related crime, you need insight from a criminal defense attorney to protect you and your rights. Even a small or seemingly minor criminal conviction can have implications for your future and makes it all the more important that you retain a criminal defense attorney. This is particularly true if you are accused of a drug claim, such as drug distribution or drug possession. Criminal charges can have life altering ramifications if you are convicted. In the vast majority of cases, police will arrest someone when they find drug paraphernalia and illegal drugs possessed by that person or in the person’s vehicle or house.

In both of these scenarios, serious charges and conviction consequences may be assessed. The worst thing about any criminal conviction is that it can follow you with a criminal record, which may stay with for many years. A misdemeanor drug conviction will stay on your record and be available for the public for several years before it can be expunged; if it is eligible to be expunged. A felony conviction, however, will stay on your record and be available to the public for more years.

If you think you’re better off fighting these charges on your own or hiring a public defender, this can be a big mistake. You cannot afford to make such a mistake. The right lawyer will look into all options for avoiding criminal consequences as soon as possible. This step alone makes the right lawyer worth it.

Furthermore, you may be unable to obtain necessary financial aid support if you are looking to go to college or pursue other educational opportunities. Because of all of the consequences on the line for a potential drug conviction, it is imperative to look into every possible defense strategy immediately after you have been accused. This is the only way to figure out whether or not mistakes were made in your case that could ultimately compromise the integrity of the prosecution’s claims. You simply cannot afford to wait to schedule a consultation with a criminal defense lawyer who cares.

What to Do If You Are Falsely Accused of a Sexual Crime

Tue, 05 Dec 2017 15:05:00 GMT

Whenever you’re facing charges in Maryland, you can’t afford to wait. But certain charges carry more severe penalties and a stigma that can follow you for years. It’s a serious matter to even be accused of any sexual offense, even if the case is ultimately thrown out. Hiring the right lawyer to defend you is a must.

The stakes for being accused of any sexual offense are quite high and this makes it all the more important to retain an experienced criminal defense attorney immediately. When you have been falsely accused of a sex crime, you are not only looking at the criminal consequences of conviction, but also the stigma in society that you are a pedophile or sexual offender.

Unfortunately, false accusations associated with sexual crimes are more common than many people might think. Realizing the importance of false accusations is your first step. The consequences can be severe. You might experience denial about the magnitude of this impact on your future, but preparing for the costs of your defense by consulting with an experienced criminal defense attorney immediately can help you avoid these critical allegations and their lifelong impact. Documenting your case by gathering all necessary information and talking to witnesses who may have been around at the time of the allegations is very important.

Your criminal defense attorney will do everything possible to speak to anyone who may have played a role in the alleged sexual incident and to prepare evidence that helps to cast doubt on whether or not you could have truly done this. Educating yourself about your rights as well as how these types of sexual cases are pursued in Maryland is extremely important. You cannot afford to take a risk and wait to get help form experienced criminal defense attorney. Document what is happening and share your concerns directly with a criminal defense attorney as soon as possible. Doing so could help you avoid jail time and the lifelong consequences of being accused of a sexual crime.

What You Need to Know About Challenging Breath Test Results in Maryland

Sun, 12 Nov 2017 21:23:00 GMT

The officer has pulled you over, but you wonder whether or not he or she really had probable cause to continue with a claim that you were under the influence. Perhaps the breath test said you were breaking the law, but you hadn’t had enough or anything to drink and you want to challenge the breath test results. If you’re thinking about this, you’re not alone.

In all drunk driving cases in Maryland, the prosecution bears the burden of proof to illustrate that the defendant’s blood alcohol concentration or BAC at the time of the offense was either at or higher than the statutory limit. The use of a breath test is one of the most popular methods for establishing that drunk driving has indeed occurred. However, some defendants wonder whether or not they can challenge the results of these tests in court successfully and prevent a conviction and the resulting consequences

There are several different bases through which a breath test result can be challenged. The breath test result for drunk driving involves measuring the amount of alcohol in a sample of the defendant’s exhaled air. While the test seems relatively simple to perform, there are major weaknesses in that this is considered an indirect method and is highly variable. The atmospheric pressure, the aerophysical activity level, the chemical composition of your blood, the temperature and possible hyperventilation are some factors that can influence the very ability of such a test. This means that your breath test results may be highly questionable and if these are used to pursue criminal charges against you, your Maryland DUI lawyer may bring this up in the pursuit of your case.

Test results could also be challenged due to the circumstances of the testing at issue such as the experience and skill of the tester, and whether the equipment used was of the highest quality and had been calibrated recently. Breath testing machines, like all machines, are subject to error when the person being tested has recently been exposed to particular substances. Consulting with an experienced Maryland DUI lawyer can help you figure out whether you have grounds to challenge the results.

Should I Really Retain an Attorney for A First Offense DUI?

Sun, 15 Oct 2017 22:01:00 GMT

Have you ever been accused of a first offense DUI or DWI in Maryland? If so, you need to be able to schedule a consultation with an attorney immediately. Administrative and criminal penalties may apply if you don’t get help from a lawyer. The possible defense methods should be analyzed by an attorney as soon [Read More]

New Law in Maryland Changes How Rapes Are Investigated and Prosecuted

Tue, 12 Sep 2017 13:38:00 GMT

Have you or someone you know recently been accused of rape? This is a serious crime that can carry life-changing penalties if you don’t hire a dedicated criminal defense attorney immediately. With so much on the line, make sure you understand the basic elements of a rape allegation and how to protect your future. New [Read More]

What You Can Expect if You’ve Been Charged with a Misdemeanor

Fri, 11 Aug 2017 13:12:00 GMT

If you have been charged with a misdemeanor in Maryland, you will either experience one of two things: you will receive summons that request that you appear in court without being arrested or you’ll be arrested by the police at that time. If you have been arrested, you will be taken to a jail promptly and you’ll be eligible to see a district court commissioner within 24 hours.

At this stage of your case, the commissioner is responsible for setting bail. If you are unable to pay the bail that is established by the district court commissioner, then the following day you will be eligible to request to meet with the judge for bail review. You may be eligible to have a criminal attorney appear on your behalf to request why the bail in your case should be lower or why you should be released on your own recognizance. This is why it is so crucial to hire a Maryland criminal defense attorney as soon as possible after you have been arrested.

Having an established relationship with someone you can trust allows you the necessary help in these early hours of your arrest. It is still important to be able to have someone to turn to during this time because you will have many questions and common missteps can be made that could compromise your case. The right criminal attorney in Maryland is crucial during this process in order to present you in the best possible light and explain how you are not a flight risk or a danger to the community. After the bail review has been completed, you may be able to get a bail bondsman to post the bail or you can pay the amount of bail.

Your court date will be the very next proceeding in your Maryland misdemeanor case. You are expected to appear with your criminal defender and present your defense during the official court date. There are very few cases in which the court will allow you to postpone your case in order to get a criminal attorney. This highlights yet again why you need to contact an experienced Maryland criminal defense attorney as soon as possible after you have been accused or charged. Being able to get your questions answered and providing further information about your case are just a couple of the reasons why it makes sense to retain a knowledgeable attorney. Your lawyer can help explore all possible avenues in your defense as well.

What You Need to Know About Police Mistakes and DUI and DWI Cases in Maryland

Wed, 12 Jul 2017 15:36:00 GMT

Did you know that when a police officer makes a mistake in your DUI or DWI case in Maryland that you may be entitled to use this information to help fight or dismiss the charges? Sharing this information with an experienced Maryland DUI defense attorney promptly after this happens gives you the best possible chance to develop a defense strategy that keeps you from facing critical penalties.

When the police make mistakes and violate your rights, this often leads to a dismissal of the charges. Police have to inform you of your rights before taking a breath sample to determine if you are under the influence or impaired. You do have the right to decline any field sobriety test although administrative penalties may apply. Furthermore, a faulty test could become an important component of your criminal defense. Failing to administer field sobriety test in accordance with the guidelines from the National Highway Traffic Safety Administration could lead to an acquittal.

While breathalyzers are often used in the field to determine someone’s blood alcohol content, they are extremely prone to error whether it is mechanical or human. Furthermore, certain health conditions and medications could lead to false positives on a breathalyzer test and this alone should not be used to charge you or convict you of DUI. There also must be a reason in the first place for the police officer to investigate a drunk driving charge. If you were pulled over for a broken tail light for example, the officer must have a reason to administer a breath test or field sobriety.

A visual evidence of impairment or smelling alcohol in the vehicle, for example, are some of these causes. These are not the only kinds of mistakes that can be made by a Maryland police officer in the process of accusing you of a DUI or a DWI. More than likely, there are other mistakes that could have been made and walking through the scene of being pulled over by the police officer and talking with him or her with your attorney can assist you in identifying whether there are other issues present that could help to protect your rights.

Most Common Misdemeanor Charges In Maryland

Wed, 14 Jun 2017 17:45:00 GMT

If you have recently been accused of breaking the law in Maryland, you may be charged with a felony or a misdemeanor. Typically, a felony will carry much more serious penalties and could have a major influence on your future. However, a misdemeanor can also be troubling and should be something you consult with an experienced criminal defense attorney about. Some of the most common violations charged at the misdemeanor level in the state of Maryland include:

¥ Public intoxication
¥ DUI
¥ Assault
¥ Open container violation
¥ Disorderly conduct

Unfortunately, far too many people believe that because these are misdemeanors and do not carry the stiff penalties associated with felonies that it is fine to try and handle their defense on their own or work with a public defender. This could be a catastrophic mistake as a misdemeanor can still have a negative implication on your future. While these charges might at first glance seem like they are not as serious, it is imperative that you take action quickly by hiring a knowledgeable Bethesda criminal defense attorney. Don’t make the mistake of assuming that you can handle these charges on your own or that an experienced public defender can help you. Far too often, accused individuals realize the dangers of doing this after the fact. Not making the right choice early on could compromise your future.

In particular as it relates to a DUI you may have significant ramifications for your future and you need to at least consult with a Bethesda criminal defense attorney after you have been charged to identify appropriate defense strategies and to discuss the possible consequences for your future. Reaching out to a defense attorney as soon as possible after you have been accused is essential because the facts are still fresh in your mind and you will be able to develop a comprehensive defense strategy that protects your rights and gives you a clear expectation of what will happen as your case enters a criminal process. A knowledgeable lawyer can help to identify all possible avenues for resolution, so do not wait to get help. As soon as you have been charged, you need a lawyer’s insight.

What Police Are Looking for In Maryland DUI Cases?

Mon, 12 Jun 2017 17:42:00 GMT

No one want to be arrested for DUI. Even the accusation of driving under the influence can be embarrassing and require your time off work to meet with an attorney and attend hearings. Trying to defend yourself is often your top concern and speaking with a lawyer is the first thing you need to consider after an arrest.

When you are pulled over and accused of driving under the influence, this is a serious matter that can prompt you to suffer from anxiety and anger immediately. However, maintaining your calm in the face of this stressful situation can assist you, should you ultimately be charged with DUI. Police officers in Maryland who are aiming to build a case against a driver who may be under the influence or impaired will often ask that driver if they have been drinking.

If you answer that you have been drinking, the officer now has further information and ammunition to administer tests to determine the level of your impairment. There are two primary ways that officers typically attempt to find out if the driver is impaired or under the influence of alcohol: breathalyzer tests and field sobriety tests. Whether you participate in these tests depends on the state of your driving record and the details of the incident. Bear in mind that both of these kinds of test are prone to oversights and mistakes and they must be administered in a way that is in line with national and state guidelines. Police officers must adhere to strict regulations when it comes to breathalyzer tests.

Although the Maryland state limit for blood alcohol content is 0.08, a driver can still be classified as impaired at a lower BAC level. Given that breathalyzer tests are prone to mechanical failure and human error, these are not 100% reliable and this is why it is important that you consult with your attorney as soon as possible after you have been accused of a DUI. Police officers do make mistakes and these could lead to the protection of your rights and a serious case so do not wait to get help after being accused of DUI while the information is still fresh in your mind.

What You Need to Know About Noah’s Law in the State of Maryland

Fri, 12 May 2017 17:34:00 GMT

Maryland was recently ranked as needing to do more in terms of highway safety, according to a study conducted by the advocates for highway and auto safety. Across the country, fatal vehicle accidents claimed the lives of more than 35,000 individuals in 2015 but in Maryland, nearly 6,000 people have been killed on roads throughout the state. The study classified Maryland with a yellow rating identifying that there are critical laws on the books but that there could be more. One of the most recent acts on the book is known as Noah’s Law named after Montgomery police officer, Noah Liotta.

Noah Liotta was struck by a drunk driver and the law makes it so that mandatory alcohol testing devices are attached to a car’s ignition after a DUI conviction. In the state of Maryland if your blood alcohol content is 0.15 or higher and you are convicted as a first-time offender, you will have a 180-day suspension of your license without the opportunity for conditional driving situations. The ignition interlock device will be automatically installed in this situation.

If you refuse a breathalyzer test during a stop for suspected DUI, the penalties will increase automatically by suspending your license for 270 days with no modifications and/or you will have to have an ignition interlock device installed. Under this new law the penalties are harsher. It is imperative to understand your rights and responsibilities should you be pulled over for DUI in the state of Maryland. Identifying an attorney who can help you fight these charges is imperative as you may make mistakes early on in the process that could compromise your ability to successfully defend yourself.

The stakes are high if you’re accused of DUI or DWI in Maryland. If you take no action and assume that this is a minor matter, you could jeopardize your future. Don’t wait to get help. As soon as possible after you have been charged, you need to contact an experienced and dedicated lawyer. The right Maryland DUI defense attorney can help you identify a strategy to protect your rights.

What is the Difference Between a DUI and a DWI in the State of Maryland?

Fri, 12 May 2017 17:29:00 GMT

It can be confusing to hear that there are both DWI and DUI charges in the state of Maryland. That is because not every state across the country will have separate DWI and DUI charges. People may use these terms interchangeably but this could generate confusion in the state of Maryland because Maryland is extremely unique in this way.

Each of these charges is distinct across Maryland and can lead to different penalties as well. Typically, a defendant who is arrested will be given a citation for both DUI and DWI.

Usually the state will pursue charges on a DWI if the offer did not obtain a breath result or if the breath result reads between 0.07 to 0.08. However, in the event that your breath result test is 0.08 or higher, the state will usually move forward with a DUI charge. A DWI represents driving while intoxicated and it’s considered somewhat less serious than a DUI. DWI is usually applied when you breath test under .08 but are still classified as impaired.

A DUI, however, is a more serious charge in the state of Maryland. Driving under the influence of alcohol is the charge typically applied if you have a blood alcohol level content of 0.08 or higher. A DWI has a max jail time of 2 months but a DUI carries up to one year in jail.

Your driver’s license suspension and your fine will also be higher with a DUI charge. This is one of the reasons that it is so important to identify an experienced DWI or DUI attorney in Maryland as soon as possible after you’ve been charged.

No matter how you’ve been charged, you have to protect your rights. The officer who has charged you might lead you to believe that complying and providing further information is in your best interests, but that’s rarely the case. You need someone who can help you figure out the next steps to take to defend yourself. There’s too much on the line to risk trying to handle your case on your own. You need to understand the charges and to identify a defense strategy.

What You Need to Know About Illegal Hallucinogen Charges in Maryland

Tue, 09 May 2017 17:24:00 GMT

Common illegal hallucinogenic drugs include Psilocybin, also referred to as mushrooms, Peyote, MDMA or Mescaline. MDMA is the official chemical name of ecstasy, may also be referred to as “molly”. State drug enforcement officers in Maryland as well as the Drug Enforcement Agency have put a greater emphasis on making arrests for illegal hallucinogenic drugs such as ecstasy in recent years.

Simple possession of these drugs is a misdemeanor that can be punished with up to $25,000 in fines and up to four years in prison.

Marijuana can also be classified as a hallucinogen. However, the maximum sentence for possession of marijuana is much less at one year in jail. Due to ongoing lobbying at the state and national level, Maryland has unique and separate marijuana laws with less severe penalties that other illegal drugs.

Less than 30 substances are currently classified as illegal hallucinogens in the state of Maryland but new hallucinogens can be classified as illegal if there is a high potential for abuse and the substance itself is unsafe. Consulting with an experienced Bethesda, Maryland drug possession attorney as soon as possible after you’ve been accused may be the only way to protect yourself in the serious consequences of a conviction. In addition to arrest levels increasing for drugs like ecstasy, prescription oxycodone has also been a target by law enforcement officers across the state of Maryland.

Illegal hallucinogens can have a significant impact on your life should you be convicted of such a charge.

Consulting with an attorney as soon as possible after you’ve been arrested is the best way to recall all of the pertinent facts and to consult with someone who is advocating for your best interests. Remember that the police are trying to do everything in their power to gather evidence from you to determine the best way to prosecute your case and it is not recommended that you talk to them directly until you’ve had a chance to speak to your Bethesda, Maryland criminal defense lawyer. Small mistakes made early on in your case, such as choosing not to hire an experienced drug possession defense attorney, can lead to serious penalties for you.

FIVE MOST FREQUENTLY ASKED DUI QUESTIONS.

Mon, 19 Dec 2016 09:27:00 GMT

The minute I tell someone that I help people charged with drinking and driving stay out of jail, I see a significant change in their disposition. Either they light up with glee or they look at me like I’m the filthiest person walking and breathing on this earth. As most attorneys know, you develop thick skin the longer you’re in this legal game.

However, often times, I’m faced with a varied bag of questions. They range from the absurd like “If I’m drinking and driving, and I get into an accident, but it kinda wasn’t my fault, I can’t really get in trouble for that, right?” All the way to the thought provoking, such as “Do you feel that your job as a defense attorney enables the horrible behavior of society?” I find them all entertaining, and I oftentimes play around with an answer just to see the reaction I get. But, there are a few questions that I get asked way too often about DUI’s. In the hopes of shedding light on what a lot of people may want to know, I have outlined a few to appease your appetite to learn.

What Should I Do If I’m Asked to take a Field Sobriety Test?

There are a wide range of field sobriety tests including the horizontal gaze nystagmus (eye twitch) test, the walk-and-turn, the one-leg-stand, heel-to-toe, finger-to-nose, alphabet recitation, modified position of attention, fingers-to-thumb, hand pat, etc. Most officers will pick a few out of the above to see how impaired you may be.

Unlike the chemical test where refusal to submit may have serious administrative consequences, you are not legally required to take any Field Sobriety Test. I’m going to keep it 100 though… the reality is that officers have already made up their minds to arrest you when they ask you to take the Field Sobriety Test. The tests are simply additional evidence that can and will be used against you in a court of law. Thus, in some cases, a polite refusal may be appropriate.

2. The Officer Never Gave Me a Miranda Warning — Can I Get My Case Dismissed?

Ha. No. You are absolutely right… the officer is supposed to give a Miranda warning after he arrests you. From a practical standpoint, the police will delay the arrest decision long enough to allow you to make numerous incriminating statements. The only consequence of a Miranda violation is that the prosecution may not use any of your answers to questions asked by the police after the arrest. The wisest course of action is to say nothing regardless of whether or not you have been formally placed under arrest.

The more important warning is the failure to advise you of the state’s “implied consent” law, which is your legal obligation to take a chemical test, and the consequences if you refuse. This can affect the suspension of your license.

3. What Defenses Are There In a DUI Case?

Lack of Driving or Actual Physical Control. Intoxication is not enough: the prosecution must also prove that the defendant was driving a vehicle while under the influence of alcohol or drugs with a BAC of .08 or more. This may be difficult if, as in the case of accidents:

a) there are no witnesses to his or her being the driver of the vehicle.

b) Lack of Reasonable or Articulate Suspicion to Stop or Probable Cause to Arrest. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.

c) Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.

d) Deficient “Implied Consent” warnings. If the officer did not advise you of the consequences of refusing to take a chemical test or gave the prescribed instructions incorrectly, it may affect admissibility of the test results — as well as the license suspension imposed by the motor vehicle department.

e) Subjective Nature of the Offense/Erroneous Nature of the Evidence. Most crimes involve tangible evidence — a quantity of illegal drugs, a body, a gun, a knife, etc. An alleged violation of Operating under the Influence relies almost exclusively on the subjective and unverifiable impressions of the arresting officer. The officer’s observations and opinions as to impairment can be questioned. The circumstances and procedures of the Field Sobriety Tests can also be called into question. The strong tendency of the police officer to reinforce his arrest decision with “facts” that are conveniently corroborative of that decision can be attacked. Also, DUI arrests translate to thousands of overtime dollars for the involved officers. This fact is relevant to a motive on the part of the officer to err on the side of arrest in close cases, and should be brought to the jury’s attention. Furthermore, an alleged DUI violation, having an unlawful BAC, will also rely on test results that are highly questionable. A breath test has one compelling — and erroneous — assumption: that all test subjects are “average.”

f) Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath, or urine testing.

4. What Patterns Do Police Officers Look For When Searching Out Intoxicated Drivers On The Road?

• Negotiating a wide turn
• Straddling along the central marker between the lanes
• Near misses or hitting either another vehicle or an object
• Weaving between lanes
• Driving off of designated highway
• Swerving within the lane lines
• Speeding over 10 mph above the designated speed limit
• Tailgating
• Drifting
• Excessive braking
• Driving against traffic
• Delayed reaction to traffic signals
• Accelerating or slowing down quickly
• Driving without headlights on

5. As a DUI Lawyer, What Would You Do If You Were Stopped For DUI?

• Immediately request an attorney — Ask the officer to note the time of my request
• Refuse to answer ANY questions (other than name and address)
• Produce requested documents… be polite even if the officer isn’t
• Refuse ALL field sobriety tests
• Refuse a breath/blood/urine test (if I was unsure that I was under the legal limit)

ABOUT ME: Prince Williams, Esq. is an AVID lawyer with AVID Law Firm, LLC. A firm that helps people avoid DUI convictions. Call today at 240-561-7433. Let us know how we can help you.

FOUR EASY TIPS TO PREVENT A DUI CONVICTION

Wed, 19 Oct 2016 09:39:00 GMT

It sucks to get jammed on a DUI conviction. The most painful part about such a mishap is that you never really see it coming. It catches you off guard… just like that third drink you had. You know you’re good… or so you think… and you decide to drive. Next thing you know, lights, camera, action… your getting pulled over. “What the hell has this guy pull me over for; I’m good…” are your thoughts, but you’re not. In fact, you have no idea how much crap you have just gotten yourself into – and it’s only the beginning. However, if you’re anything like me, you would do anything in the world to avoid a situation like the one above. And, because AVID Law Firm has your back, I have listed four ways to avoid a drunk driving conviction.

SLEEP IT OFF IN THE BACK SEAT

If you decide to sleep inside a car after you have been drinking, it’s best to do it in the back seat. Be sure to have the engine off, and preferably, have the keys in your pocket. To avoid a possible DUI, you must avoid being seen has having actual physical control of the vehicle.

REFUSE THE BREATH TEST

Sometimes, it may be a good idea to refuse the breath test. A refusal will generally prevent the state from using a numerical breath or blood test reading against you. This greatly

reduces the chances of a conviction of a DUI; however, the downside is that a refusal will

result in an administrative suspension of your driving privileges. Always weigh the pros and cons. This may vary from person to person and honestly, with Uber, that suspension may not be so bad for some.

PREPARE YOUR CAR BEFORE GOING OUT

Before going out for the evening, always prepare your vehicle by checking to make sure it has no equipment defects, and that the tag is current and is visible. Remember to remove any and all incriminating items (this includes open containers of alcohol, drug paraphernalia, and valuables. By having no valuables in the vehicle, if you need to leave the car and not drive, you won’t be concerned about losing your items.

WATCH WHAT YOU DRINK

Women should be especially cautious about what type of alcohol and what quantity they

consume since studies have shown that a male drinker’s stomach typically produces more of a digestive enzyme that helps metabolize alcohol than a woman’s stomach does. This means that the average 160 pound woman is at an impairment disadvantage when compared to an identically built 160 pound man who consumes the exact same quantity of alcohol over the same period of time. In addition, studies have shown that carbonation in highball mixers, sparkling wines, and draft beer tends to accelerate the rate of absorption of alcohol into your bloodstream, causing you to get more intoxicated than you would be by using non-carbonated alternatives. Change what you drink and remain sober a tad bit longer.

By keeping the above easy tips in your back pocket, you have no need to worry about a DUI conviction. You’re definitely all good.

ABOUT ME: Prince Williams, Esq. is an AVID lawyer with AVID Law Firm, LLC. A firm that helps people avoid DUI convictions. Call today at 240-561-7433. Let us know how we can help you.

ARE YOU F@%^#ING SERIOUS?!……

Thu, 24 Mar 2016 10:04:00 GMT

*Ring ring*

“Hello…”

“Hey Prince… are you sitting down?”

“No, I’m leaving Douglas Hall… studying for a final… why? What’s going on?”

*pause*

“I really need you to be sitting down for this… I have some bad news… Marvin is dead.”

“Wait, what?!… Are you f@&kin serious?!…”

I remember this conversation like it was yesterday, but it wasn’t. These words were spoken to me by a good friend in my sophomore year at Morehouse College. Marvin had been driving in his vehicle with an unknown female companion when he attempted to make a sharp turn at a high speed. The car flipped over and Marvin was pronounced dead at the scene – as for the passenger; of course, she managed to walk away unscathed. A lot of questions remained unanswered for Marvin’s family, but as I spoke to a large congregation at his funeral, one thing that I knew in the back of my mind was true… alcohol was definitely involved.

Fast-forward six years later… I’m at a beer festival with another good friend; lots of beer and lots of good food… an awesome Saturday afternoon that ended with a night of networking, spoken word, and probably the best DJ that Vermont has seen. Unlike some people, I’ve always known what my limit is when it comes to drinking. Actually, I learned my limit after college. It also doesn’t help that the older I get, the more that alcohol serves as a sleep aid for me. So, as usual, I’m looking for my good friend because I’m ready to go. I’m waiting out by the car, and I see my friend stumbling out of the party with keys in hand. Finally, I think that I get to go home and sleep. My friend proceeds to walk to the driver’s side of his truck with keys in hand. With a concerned look, I asked him,

“What the hell you think you about to do….? I got you. Hand me the keys.”

Luckily, I stopped drinking maybe four hours beforehand because I guess you can say I saw the writing on the walls. So, at this point, I’m hella-sober.

Slurred speech and all, my friend tells me he is good to drive and that I shouldn’t worry…

“Just get in the car and we will be at our destination shortly.”

He stated this in an incoherent way as only a drunk person could.

“No sir. You are not good to drive, and you are definitely not driving me anywhere… you can barely speak and walk right now. Please, let me have the keys. I’ll drive.”

“I’m completely sober.”

It was very clear to me that my friend wasn’t listening to a word I was saying, so I proceeded to grab the keys from his hand as he attempted to turn the ignition. As I grabbed for the keys, my friend shoved me and told me…

“I’m good… either get in or get left.”

At this point, several conflicting thoughts were going through my head. Do I forcibly take the keys from him and drive him home? After all, I totally feel responsible for this guy now. The other thought was that this is a full-grown adult that I am going back and forth with about not driving while intoxicated. Why would someone put me in such a situation? What I knew for sure was that I definitely was not going to be a passenger in this accident waiting to happen. After several minutes of back and forth, I decided to let my friend prove to himself how sober he really was. Besides, he only lived five minutes away… but anything could happen in five minutes. On the other hand, I refused to argue with a full-grown adult about something that should be common sense to him. I allowed him to drive off while I waited for public transportation.

In exactly five minutes, my ride picked me up to take me home. As we get a little further down the road, I smell the smell of burning rubber. At the same time, I notice a lot of smoke on this dark and winding road. As we traveled a few feet further up the road, I see my friend’s truck in a ditch smashed into a tree. I tell the driver to stop. As I get out and walk toward the truck, a strong feeling of despair and anxiety took me over to the point that my palms became sweaty, and it was difficult for me to even take steps toward the vehicle.

This is all my fault. I can see from the shattered windshield that the airbags had been deployed. This wasn’t looking good at all. I slowly opened the passenger-side door and saw my friend standing on the driver’s side with the door opened, looking scared and confused.

Thank God his life was sparred, but I had no sympathy for his current situation.

Now that I knew he was alright, I couldn’t stop thinking about the lack of judgment he displayed, and if I even wanted someone like this to be considered as a friend of mine. It took a while for me to be back on speaking terms with this friend. It took a lot of soul searching for me to forgive him for even putting me in such a situation.

Now it is 2016, and I am a DUI Defense attorney. I am defending the same people who lack judgment and decide to drink and get behind the wheel. Because of my personal experiences, this makes my job that much more difficult.

You would think that the more DUI cases I handle, the easier it would get… but it doesn’t.

As the weather gets warmer, I know the urge to want to drink and drive increases. Hell, drinking overall seems to increase in the warmer months – that’s just how it happens, but if I could convey one message, it would be this:

Please drink responsibly.

First of all, what your friends may not tell you is that no one wants to be your babysitter for the night because you don’t know how to drink like a responsible adult. What your friends are also not telling you is that no one likes a loud, obnoxious, belligerent drunkard. Not only are you embarrassing yourself, but everyone associated with you, and your smart friends will begin to separate themselves from you for this very reason.

Drinking is meant to be fun and should not end in a night of chaos and despair. If you plan to get wasted (which beyond a certain age, should not be your objective), be smart enough to have a designated driver or catch an Uber.

You will thank yourself and your friends for it later. Your loved ones will thank you.

Know your limit.

As I reflect on this topic, I can’t help but remember how Marvin and I would talk about one day becoming Defense attorneys. Because of the choices he made, that became a dream deferred… and they don’t always come true.

Know your limit — Be responsible.

ABOUT ME: Prince Williams, Esq. is an AVID lawyer with AVID Law Firm, LLC. The premiere accident, DUI, and Criminal Defense firm in Maryland. Call today at 240-561-7433. Let us know how we can help you.

REEFER, LOUD & MARY JANE….WHAT YOU NEED TO KNOW ABOUT MARIJUANA.

Wed, 03 Feb 2016 10:07:00 GMT

Reefer, loud pack, jays, and Mary Jane have been a few of the names that the popular green stuff, grown from the earth, has been called. Formally, it’s known as Marijuana, and has been widely popular amongst teenagers and young adults; hell, even some grandparents still enjoy the recreational use of marijuana. Although the general public has become more liberal in their views on the use of marijuana, it still is considered a criminal offense in the majority of states. With the move to decriminalize marijuana, and with a few states actually making it no longer a criminal act to possess, this topic has become a popular one with stoners and non-stoners alike. But, before you go out and get your hands on that “purple haze” or that “banana kush”, let me answer nine of the most common questions I get regarding marijuana and its legal implications.

Q. IS MARIJUANA LEGAL?

A. It is true that the United States Federal Government still classifies marijuana as a schedule 1 drug, similar to heroin, meth, and crack. Marijuana is generally not legal for recreational use except for the possession of small amounts in the States of Colorado, DC, Oregon and Washington. Several other states have special laws that allow people to use marijuana as medicine with a prescription.

Q. WHAT ARE THE PENALTIES FOR MARIJUANA POSSESSION?

A. This answer can vary from state to state. In Maryland, possession of less than 10 grams of marijuana is viewed as a civil offense, and carries a maximum fine of $100 for a first offense. For possession of 10 grams or more of marijuana, the maximum penalty is one year in jail or a fine not exceeding $1,000 or both. If a person is caught with a really large amount, such as an ounce or more or has items accompanying the “green”, such as small baggies or a scale, Possession with Intent to Distribute may be the likely charge, and we enter into a whole new arena that can be discussed in a separate post.

Q. BUT, WHAT IF I HAVE A PRESCRIPTION FOR MARIJUANA?

A. There are reduced criminal penalties for someone with a “debilitating medical condition”, as documented by a physician. It is necessary that you show that you (1) have a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship; (2) that the debilitating medical condition is severe and resistant to conventional medicine; and (3) that marijuana is likely to provide the defendant with therapeutic relief from the medical condition. If the court finds that you used or possessed marijuana because of medical necessity, on conviction of a violation of this law, the maximum penalty that the court may impose on the person is a fine not exceeding $100. Keep in mind that you cannot use the defense of medicinal marijuana if you are found using marijuana in a public place or if you are found in possession of more than one ounce of marijuana.

Q. WHAT SHOULD I DO IF I AM ARRESTED OR GIVEN A CITATION FOR POSSESSION OF MARIJUANA?

A. If an officer approaches you and asks you questions about marijuana, you should always tell the officer that you do not want to answer any questions; that you wish to remain silent and that you would like to speak with a lawyer. I’m going to keep it 100 with you though… at this point, if you have already been stopped and questioned about marijuana, there is nothing you can do or say that will help your situation other than what I outlined above. You cannot talk your way out of the charge. Officers can be very misleading by asking you seemingly innocent questions like “Where are you going?” I’ve even seen situations on a routine stop where an officer will act like they are buddies with the defendant and even admit that they have smoked marijuana in the past or that they disagree with the marijuana laws. Don’t get caught slippin. These are tactics used by the police to gather information to help convict you on the charge. Please be clear, DO NOT GIVE THEM ANY INFORMATION THAT YOU DO NOT NEED TO. Give them your name and ID, and ask to call your lawyer.

Q. WHAT IF I GET PULLED OVER FOR DRIVING AFTER SMOKING A JAY?

A. Driving while impaired on drugs, just like driving under the influence of alcohol, is considered a serious offense. If you are pulled over by the police and they question you about marijuana use or even alcohol use, it is better to be polite and cooperative, but assert your rights to remain silent and to speak with a lawyer. The State must prove that you were too impaired to drive due to the use of a drug or alcohol or they must prove that you are above the legal limit of alcohol in your blood, which is .08% BAC. Officers usually prove this by observing your behavior, your appearance, your speech pattern, your ability to perform satisfactorily on standardized field sobriety tests, breath tests, and possibly blood tests.

Some states have adopted limits of allowable marijuana metabolites in your blood to operate a vehicle. For example, Colorado has adopted the standard of 5 nanograms per milliliter of active THC in your blood as the limit for driving. Unfortunately or fortunately, depending on which side of the glass you’re on, Maryland has not developed such a standard.

Q. DO I NEED A LAWYER FOR POSSESSION OF A SMALL AMOUNT OF MARIJUANA?

A. Of course, my answer is always “yes”! Whenever you are accused of a crime, especially a drug crime, you should consult with a criminal defense attorney. There are long-lasting consequences to a drug conviction. If you have a “guilty” on your record for even a small amount of marijuana, you may be prevented from receiving federal benefits, such as student loans and financial aid, you may lose welfare benefits, you may be prevented from working with children and becoming a teacher, if you wanted to join the military or have a career in law enforcement or law, you may be forever answering for this charge, and if you hold a green card, you may be deported. Without proper legal advice, you may not really know the consequences of what you are doing. As always, just remember, #Dontgetcaughtslippin.

About Me:

Prince Williams, Esq. is an AVID Lawyer with AVID Law Firm, LLC; the premiere DUI, and criminal defense firm in Maryland.

Call today at 240-561-7433.

Let us know how we can help you.

4 THINGS TO DO FOR YOURSELF IN 2016.

Tue, 05 Jan 2016 10:10:00 GMT

It’s not easy being a small business owner. When you are one, everything relies on you. If you ask any entrepreneur, they will tell you it’s not a good feeling. This responsibility can leave you stressed, uncertain and fearful of what is to come in the future. Because I constantly look for ways to learn and grow, I’m probably uncomfortable most of the time. It is difficult living with this type of pressure without unplugging at some point. Which is exactly what I did in December. Traveling for me serves many purposes. It allows me to get away from my normal routine and relax. It also gives me an opportunity to step outside of my comfort zone and gain new insights on life in general.

My decision to travel to Colombia while I had so much work to do with my firm was not easy to make. I went back and forth on whether it was a good idea to just go away for a whole week. What if a client needs me? What if when I return, I won’t have all the money to cover my bills because I was negligent and took a week off? These types of thoughts flooded my head, and the decision to take a vacation led me to anxiety and much uncertainty. I pulled the trigger anyway and booked that trip to South America. Why? Because I needed a break and needed time to refocus on what I’m doing on this planet. On a side note, I’m sure you’re wondering how easy it was to find drugs in Colombia…or maybe that’s just the curious criminal defense attorney in me…either way, I will save that for a future post.

Back on topic….going through my should I take a vacation or not dilemma helped me realize that there will never be a perfect time to do anything in your life. Nothing will ever feel 100% certain or make perfect sense to you or anyone else. There will never be a perfect time to fall in love, or to travel the world. You will never have enough training, enough preparation, or enough money. Waiting to feel 100% ready or validated is the easiest way in which we cheat ourselves out of wonderful life experiences.

So as we enter into a new year, I dare you to free yourself from this self-limiting mentality. Book that plane ticket, even if you feel lots of uncertainty. Sign up for that educational course, even if you have no idea how it will go. And keep these 4 things in mind as you begin 2016 with mad gusto.

1. INVEST IN YOURSELF.

Investing in yourself is the best investment you will ever make. It will not only improve your life, it will improve the lives of all those around you. Make it a habit to prioritize your own needs into your daily to-do list. Spend money on your education, health and happiness every single day. Create a life that feels good on the inside, not one that just looks good on the outside to everyone else.

2. LEARN TO SAY “NO” WITHOUT FEELING GUILTY.

A lot of uncertainty can come about when we feel overwhelmed. There are often too many things we feel we should do which, in reality, we don’t really have to do. Getting to the point where we can easily tell the difference is the foundation of living a happy positive life. Give yourself permission to say “no” without feeling guilty. Anyone who gets upset or expects you to say “yes” all of the time clearly doesn’t have your best interests at heart.

3. NEVER STOP DREAMING AND ACHIEVING, EVEN IN THE FACE OF FAILURE.

The main reason a lot of people never become successful or never reach their goals is due to the fact that they can’t handle discouragement, and so they abandon their aspirations when they find themselves struggling. But remember, failures are simply the stepping-stones of growth and success. Try not to sweat the small stuff and know that daily obstacles are bound to come up daily. You must keep things in perspective.

4. STOP LISTENING TO THE NEGATIVE VOICE IN YOUR HEAD.

When you manage to keep things in perspective you realize that, the biggest critic lives in the way you feel other people see you, not in their actual perception of you. One of the greatest journeys in life is overcoming insecure thoughts and learning to truly not care so much about other people’s opinions. In fact, you will never make a great impression on others until you stop thinking about what sort of impression you’re making.

Life has become so complex and complicated. There is always something that needs to be done. Checking emails and social media before breakfast and getting all the current news updates before leaving the house in the morning has become the norm. We get so busy rushing around trying to meet everyone’s needs that we forget to look out for ourselves. There’s so much to remember and so much to do that we often lose sight of what’s truly important. As we begin a new year remember to take care of the most important person in your life…YOU.

About Me: Prince Williams, Esq., is an AVID Lawyer with AVID Law Firm, LLC. The premiere accident, DUI and criminal defense firm in Maryland. Call today at 240-561-7433. Let us

know how we can help you.

PRIVATE ATTORNEY VS. PUBLIC DEFENDER…WHO TO PUT YOUR MONEY ON.

Tue, 01 Dec 2015 10:14:00 GMT

I’ve had the opportunity to sit before several potential clients and I know this is one of the many questions they struggle with, especially when it’s clear that the limited funds they have could be used for something more enjoyable, ie.. a trip to Vegas or one of those overly expensive items from Kanye’s new fashion line. Well I’m here to set the record strait and provide some insight for the curious minds.

I want to first start off my stating, this is not a post bashing Public Defenders. In fact, a lot of my good friends are public defenders and are excellent attorneys. Early in my career I would call them and ask all types of questions just so that I didn’t sound too stupid in front of my clients. Most of them know their stuff. However, there are a few differences between a private attorney and a public defender that can make all the difference with your overall experience with the criminal justice system.

Let’s start with the obvious, public defenders typically carry an enormous case load and can therefore only dedicate so much time to each client. In most instances, you won’t even meet your lawyer until the day of court. When your liberty is on the line, this is enough to make anyone hotter than fish grease. Before you start to use those nice choice words you learned in grade school, understand that a public defender is a government employee who is generally paid much lower than those in the private sector. To add insult to injury, they handle as many as 100 to 200 cases at a time depending on which jurisdiction you’re in. Trust me, they would love to give you all their time, but there aren’t enough hours in the day for that. They have to spread the love. Because of this limitation, public defenders are often not able to review your case until the day of or the day before your scheduled hearing. Generally, this is not enough time to get a very good sense of who their client is, potentially preventing the lawyer from obtaining information that may be very important in formulating a defense. This could also lead to the Public Defender missing small but crucial details about a case that a more thorough investigation would reveal.

On the flip side, a private attorney usually will not have this issue because they will have a smaller case load. Most private attorneys typically handle about 10 to 50 cases at a time. Because we control the number of cases we take on, we can devote all the necessary attention that your case demands. We are usually available whenever you need us and often times are available for advice after the conclusion of your case. Because we have a far more manageable caseload than a public defender, this will usually allow your private attorney more time to do a thorough investigative analysis and do additional investigative work on your case. This is key when it comes to finding holes in the prosecution’s case against you, which can in turn be used to get the case dismissed entirely or at least have some of the charges dropped or reduced. In addition, most private attorneys have more resources at their disposal. Private attorneys usually have an existing network of private investigators, expert witnesses, associate lawyers and paralegals that they can draw upon to do further work on your case.

Secondly, you are required to work with the particular public defender who has been appointed to your case. You do not get to choose your attorney when working with the public defender’s office. If you simply do not like your assigned attorney, or don’t feel they have your best interest at heart, tough luck. This is really important and a lot of people overlook this fact. In all honesty, a lot of lawyers can be douche bags. It can be a long painful experience when you realize that your lawyer is a prick and they could care less about your side of the story. With a private attorney, you have the ability to interview several attorneys and choose the paid lawyer that you feel most comfortable with. In addition, private attorneys thrive based on their reputation and if they are not meeting their clients’ needs and expectations, this will haunt them and you can always fire them if you don’t mesh well.

There is always the infamous third option, which when you think about it, really shouldn’t be an option at all and that is to represent yourself. Let the truth be told, lawyers don’t even do this. There’s an old legal expression, “An attorney who represents themselves has a fool for a client.” This applies to non lawyers as well. To represent yourself is a real, real mistake. The prosecutor is an experienced attorney. The likelihood of you knowing the court and you knowing the laws, you knowing the system, is extremely small to begin with and you knowing it better than a prosecutor is almost non-existent.

So what should you do if you need an attorney for your criminal or DUI matter? This is ultimately up to you. Only you can decide what is in your best interests. So think hard about whether you should go with a public defender or a private attorney. Don’t even think about representing yourself. If you have further questions, please feel free to give my office a call at 240-561-7433.

About Me: Prince Williams, Esq., is an AVID Lawyer with AVID Law Firm, LLC. The premiere accident, DUI and criminal defense firm in Maryland. Call today at 240-561-7433. Let us know how we can help you.

Happy Birthday Avid Lawyer!!!

Fri, 12 Dec 2014 10:18:00 GMT

Hi, I’m Prince. I’m an Avid lawyer from Fort Worth, Texas practicing law in Maryland and today is my birthday. It just so happens, today is also the birthday of my new blog. What a coincidence… Most of you know that I recently opened a law firm that focuses in the areas of criminal defense and personal injury. Well this is my platform.

This blog will highlight my journey as a new entrepreneur aspiring to build a million dollar law firm. My goal here is to inspire others to go out and achieve their dreams, no matter how silly they may sound to someone else or how out of reach they may be. I’ve found that when I hear of other’s journey to success, it moves me to get working on my own goals. You may be the same.

This blog will also cover valuable information within the areas of criminal/DUI defense and personal injury. Knowledge is power and you never know when you may find yourself in a situation where you need to know your legal options. You will be amazed at the amount of people who are taken advantage of just because they lacked the PROPER knowledge. I put emphasis on PROPER because there are a lot of people out there receiving just flat out wrong advise and information. Just because your older cousin spent a significant time in the pen and had enough time on his hands to read every statute in every state, does not mean he is a proper authority and should be advising you when you have a run in with the law. If you know better, you do better and that’s what this is all about, being better.

Lastly, I will be discussing various topics within the area of personal development. Personal development has always been a favorite topic of mine. Personal development is also important for a new entrepreneur because 80% of the endeavor requires the right mindset. I want to share information that can help us all stay focused and stay in the game. Personal development should be a lifelong goal. No one is perfect, but as long as we are progressing, I believe we are living life’s purpose.

So please, bookmark this page, check back in and join me on this adventure to build a million dollar law firm, realize our full potential and share knowledge learned as a criminal defense and personal injury attorney. I hope this blog inspires you and you walk away with valuable information that allow you to to go out and be the change you want to see.

Let’s go get it!!!

5 Things to consider when getting a speeding ticket

Thu, 04 Dec 2014 10:28:00 GMT

Speeding tickets are on the rise. Something about the summer makes people want to drive faster…or maybe just get out of the heat. The influx of speeding cameras everywhere are also adding to this phenomena. No one is safe. Speeding cameras are more worrisome to me because I feel as though I’m being singled out and punished for something everyone is doing. I use to think my only real solution was to pay the stupid $100-200 fine. But when you know better, you do better. You may think paying a $150 fine is no big deal, but it is. That’s two weeks worth of groceries….One week at Whole Foods…..It could be money for a light bill. It could even be a little something to boost the savings account. Listed below are 5 things to consider when getting a speeding violation:

1. There’s No Use Trying to Talk Your Way Out of a Speeding Ticket.

Let’s face it, a lot of police officers are assholes. Most conversations with them end up being a disappointment anyway. Make it easy. Don’t talk to the police officers, let them write their ticket and be on their way. If you’re in a city where majority of the speeding citations are through a speeding camera, you certainly won’t be able to talk your way out of that one. But you will be able to fight your way by hiring a Traffic Attorney.

2. Your Out of Pocket Cost Will Be Much More Than The Actual Citation.

Paying a “payable” ticket is an admission of guilt which means, the state will issue points to your driving record based on the citation. The citation is sent to the Motor Vechicle Administration (MVA), and added to your record for a period of two years. The unknown fact is the accumilation of points usually mean an increase in premiums from your insurance provider. Unfortunately, while points chill on your driving record, your insurance carrier can look at your record and potentially increase your insurance premium fees for that entire time.

3. Failure To Respond Could Lead To The Suspension of Your Driver’s License.

Typically there is a thirty day period from the date a ticket is issued for the accused to make a decision. Be responsible and don’t ignore it. I am guilty of doing this myself. So much so, I owed over $2,000 in tickets and eventually ended up getting my car booted and towed within the span of 25 minutes. Needless to say, that wasn’t a good day. Avoid this sort of mishap. Make the decision within the prescribed thirty days to do something about it. Otherwise that speeding ticket could be stuck with you. Next thing you know, the fine has doubled and your license has been suspended. Now you’re a failure who can’t legally drive. No bueno. Oh, and please don’t get caught driving on a suspended license. You’re now looking at more fees and even possible jail time. Do you really have time for that?

4. You May Have Ammunition to Fight Your Speeding Ticket and Avoid Paying the Ticket Altogether.

It is always possible to appear before a judge and explain why you committed the violation and request that your fine be reduced or waived and that you be given probation rather than a citation. The judge will then issue a verdict that may or may not work in your favor. Take a look at your ticket and see if there is any speeding ticket defense that might cause it to be dismissed. Ask for the police reports and other discovery you can get and look at it for inconsistencies. And if you feel overwhelmed, call a Maryland traffic lawyer.

5. Hiring A Traffic Lawyer Is Not a Bad Idea.

Traffic lawyers are great at helping you contest your speeding tickets without requiring much of your time and energy. When you enter a not guilty plea, you’ve accepted your right to a trial. You’ll be given the opportunity to challenge your citation by either representing yourself or hiring legal counsel. When you hire legal counsel you increase your chances of a favorable decision, resulting in the charges being dismissed or reduced. All this is possible, without you even stepping a foot in the courtroom. As a result, you avoid incurring points, save yourself from a suspended driver’s license and prevent a spike in your current car insurance rates. Now that sounds like a win win situation!!

About Me: Prince Williams, Esq., is an Avid attorney with The Law Offices of Prince Williams, Esq. the premiere traffic defense firm in Maryland. Call today, 978-633-9711. Let us know how we can help you.

My car insurance claim was denied…now what?

Thu, 04 Dec 2014 10:24:00 GMT

was recently retained by someone who was injured in a car accident. Although my client was rear ended by the other driver, the driver at fault insurance company denied liability. I know…..you’re probably thinking the same thing I was….How can the insurance company seriously deny liability when it was clearly their driver’s fault? In order to somewhat understand the answer, you have to understand a fundamental principle of insurance companies….They NEVER want to pay out. In fact, I have heard that adjusters at some companies are told to always deny liability when a claim is initially submitted. This doesn’t change the fact that my client was injured due to someone else’s negligence.

The following is a few nuggets of knowledge that I’ve learned while handling similar auto accident cases. Just because your car insurance claim is denied after an accident does not mean you give up and end negotiations with the insurance company. No need to leave money on the table that is rightfully yours. You still have a few options.

REVIEW YOUR CLAIM DENIAL LETTER

It is always important to begin by reviewing your claim denial letter. Get a good understanding of the reason provided by the company of why they refuse to pay for your damages. This becomes very important when deciding if you are going to appeal the decision or not. The insurance company usually will explain their decision in the form of a denial letter. You should thoroughly go through this letter and note things that you don’t understand. Since I’ve started taking auto accident cases, I’ve only seen a few reasons why the insurance company deny claims:

You Were at Fault or Partly at Fault For the Accident.

If the adjuster decides that you were at fault your claim can be denied depending on what State you’re in. For example, here in Maryland, if the adjuster determines that you are partly at fault, they can and will deny your claim. The reason for the adjuster deciding you were at fault must be fully explained in the letter. Pay close attention to the reasons they provide. Compare those reasons with how you remember the accident happened and any supporting evidence you may have.

Your Insurance Policy Does Not Cover The Accident.

There are several different coverage types that a insurance policy can have. You may have liability coverage but no collision coverage. If your accident falls under a type of coverage that is not included in your policy your claim may be denied.

You Are Not a Named Party on the Policy Insurance.

Policies only cover individuals who are named in the contract. If you were not on the policy, then you will not be covered. Your Insurance Has Lapsed for Non-Payment Insurance policies can lapse if you have not paid your premiums, and if your policy is no longer active then you will not be covered.

APPEAL THE INSURANCE COMPANY’S DECISION

A lot of people are unaware that you may appeal the company’s denial. This of course can be done without a lawyer, but an accident lawyer can be a extremely useful asset if the insurance company decides they want to play hard ball. A lawyer should definitely be used if you suffered serious or permanent injuries or extensive property damage. There is usually a process in place for you to appeal the claim denial. Don’t hesitate to ask your adjuster what steps are included in this process. Once you know the next step in the process, be sure to review all the evidence you submitted with your claim. Write a letter explaining why the evidence you gathered goes against the adjuster’s decision. Make sure you provide copies of this evidence with your letter. Include things such as medical records, police report, medications, eyewitness reports, etc. Contact a Maryland accident lawyer if you are in Maryland and need help with this process.

Let’s be clear, insurance companies will not reverse their decision to deny your claim just because you appeal. However, if you have a pretty strong argument, they are more likely to work with you. Even still, you may find that you are unsuccessful with this approach. You may still go after the money you need by filing a lawsuit against the other party if they were responsible for the accident.

NEGOTIATING IN BAD FAITH

If at any point during this process you feel that your insurance company is being unfair by negotiating in bad faith, wrongfully denying your claim or delaying insurance payments, please don’t hesitate to hire an attorney. Several States have laws that protect consumers from bad faith practices. It’s possible that you may have a legal claim against the insurance company if they do not pay up or if they refuse to take steps to work with you.

NEVER GIVE UP!

The moral of the story is just like most things in life, you can’t give up at the first sign of opposition. The persistent usually prevail and if worse comes to worse file a lawsuit. If your claim is remotely legit, a filed lawsuit will often times make the insurance company reconsider. It is usually better to get them to reconsider than to walk away with nothing. Besides, winners fight to the end, and I know all of you reading this are winners. So spread the wealth. Tell a friend to tell a friend to never give up.

About Me: Prince Williams, Esq., is an Avid attorney with The Law Offices of Prince Williams, Esq. the premiere auto accident firm in Maryland. Call today, 978-633-9711. Let us know how we can help you.

10 Things I’ve learned since starting my law firm

Thu, 04 Dec 2014 10:22:00 GMT

It’s been a few months since I left the Doc Review circuit and pursued my dream full time of building a million dollar law firm. In a short amount of time, I have grown tremendously. It’s crazy how your whole world changes once you decide to face your fears head on.

Most days I feel out of my league. Other days, I feel like a young Johnnie Cochran, but I’m taking in the experiences as they come. I can honestly say being an entrepreneur is not easy. In fact, I’m faced with many challenges on a daily basis, both internally and externally. In a short amount of time I’ve learned so much about myself, my surroundings and how life works overall. Below is a list of 10 things I've learned since starting my law firm.

1. MOST PEOPLE WANT TO SEE YOU SUCCEED.

There hasn’t been a single time that I’ve asked for help and did not receive it. I can remember before, having the fear that I will have all these unanswered questions and no one to help. But my experiences have shown that if I ask for help, people are willing to give valuable insight and knowledge without expecting much in return. Most people generally are good natured and view your success as a blessing.

2. I AM RESPONSIBLE FOR MY LIFE.

I have a deeper awareness now that I am the creator of my reality. Once I decided to take full responsibility for my life I felt a sense of liberation. Once you decide to blame your problems on someone else or a outside circumstance, you give away your power of choice. You begin to think you have no control and that’s not the truth. The truth is we have complete control over our life. We may not be able to control all external factors but we can most certainly control how we respond to those factors. It’s becoming clear to me that once I take full ownership of my life, I can really start creating the life I dream.

3. EVERYONE WILL ALWAYS HAVE AN OPINION ABOUT HOW YOU SHOULD LIVE.

Everyone will have an opinion of how you can do something better, or why you shouldn’t do this but should do that. Most of it may be pretty sound advice. But there will be a good amount of negative opinions in the mix. Take it with a grain of salt and keep standing strong. Don’t let the negative opinions of others throw you off your game. There are basically two kinds of people: those who are a drain on your energy and creative force, and those who give you energy and support your growth. Avoid the first kind and learn to trust yourself. Negative crticism should be received, evaluated, and then let go, while constructive criticism should be assessed and utilized. Get feedback from people whose opinions you value. Pay attention to the opinions of people who have been where you are trying to go.

4. MEDITATION REALLY WORKS!!

I first became interested in meditation after reading “A New Earth” by Eckhart Tolle. I became further interested after reading “Do You” by Russell Simmons. Before, I would try 10 minutes of meditation here…10 minutes there, but nothing solid and consistent. Btw, You’ll be surprised how difficult it is to quiet the mind when you start a meditation practice. Since I’ve started my firm, I meditate consistently for 30-60 minutes a day. 30 minutes every morning and 30 minutes most evenings before bed. I have noticed a considerable difference in my capacity to deal with stress and my overall since of well being. I’m starting to sense on a deeper level that no matter what happens in life, I will always be ok.

5. A POSITIVE MINDSET IS EVERYTHING.

This goes back to taking responsibility for everything in my life including my thoughts. There’s always a constant stream of background chatter running through our minds, both negative and positive. I can choose to focus my attention on the negative thoughts which will guarantee more negativity or I can choose to focus on the positive ones. Your effectiveness in all walks of life will provide better results if you’re able to mindfully accept and let go of negative emotions, rather than dwelling on them. Think a little less about managing your problems and a little more about managing your mindset. Keep it positive.

6. STAY AWAY FROM PEOPLE WITH LIMITED MINDSETS.

Be careful of people who use the word CAN’T freely or individuals who have 101 excuses of why something won’t work or why it CAN’T be done. If you allow people who think this way in your space, this way of thinking will eventually rub off on you. You will begin to limit and doubt yourself. You’ll start questioning if it can be done. If you believe anything is possible, find like minded people who encourage you to reach beyond all limitations.

7. DON'T TAKE ANYTHING PERSONALLY.

People rarely do things because of you. They do it for themselves. Never take anything too personally. Don’t let compliments get to your head and don’t let insults get you worked up. When you are immune to the opinions and actions of others, you won’t be the victim to needless bullshit. When you do not take anything personally, you liberate yourself. You can open yourself to the world, freely, and not have to worry about the judgments of others.

8. MENTORS REALLY ARE ESSENTIAL TO SUCCESS.

Regardless of what you’re trying to accomplish, you cannot do it alone. Books can be difficult to learn from. And sometimes the Internet makes it difficult to separate truth from fake. It is important to have someone who has been where you want to go show you the ropes – your own personal mentor or coach. I have the luxury of having several mentors. And this was only possible because I went out and sought them. If you study the lives of enough successful people, it becomes obvious that most had incredible mentors, coaches or role models who motivated them to achieve new heights.

9. I DON’T NEED ANYONES CONSTANT APPROVAL.

Before starting my firm, I found myself on some level seeking others approval of my decisions. I’ve learned that if I base my actions on the approval of others, ultimately I find my self stuck, sacrificing my own happiness. I’ve learned how to say “no” to people and obligations that do not add value to my life. I’m reminded every time I hear about the death of a loved one how short life can be. I won’t wait around for someone to give me permission to live. I’ve decided to give myself permission to go out in the world and do my best.

10. SUCCESS IS A JOURNEY NOT A DESTINATION.

So far, this journey has been similar to the most wackiest roller coaster at any amusement park. There have been twists and turns, hills and valleys. But I’m learning to enjoy the ride. Through every challenge I learn and grow. Success is the ability to fight day after day. Even when I feel I have been defeated, I have found the strength to take another stab at it.

Truthfully, it gives me little comfort to think about how deep in the struggle I am some days. However, I’m slowly realizing I’m one of the strong ones with the guts to keep at it. Many people give up before they even begin, but not me. I wake up every morning with a new defined purpose to get shit done. I take baby steps against the current because I refuse to give up. Success is the strength to keep pushing and to keep living your life on your own terms. Success isn’t an end result. It’s a state of being. I don’t win success. I am success….. every single day.

About Me: Prince Williams, Esq., is an Avid attorney with The Law Offices of Prince Williams, Esq. the premiere accident, DUI and criminal defense firm in Maryland. Call today, 978-633-9711. Let us know how we can help you.

5 Common DUI mistakes

Thu, 04 Dec 2014 10:20:00 GMT

Driving Under the Influence, also known as DUI seems to be one of those charges that many people believe can’t or won’t happen to them. The reality of the situation is if you have a vehicle and enjoy an occasional drink or two, you are open to the possibility of being pulled over and getting a DUI charge at some point in your lifetime. I am aware that ALL of my readers are smart, intelligent individuals and know how to avoid these unfortunate situations. But sometimes we get caught slipping and may not always be on our P’s and Q’s. Listed below are 5 common mistakes dealing with DUI’s that can be avoided now that you know better.

Mistake #1: Admitting to Drinking

The first thing a police officer will ask when you are stopped for suspicion of drunk driving is if you had any alcohol prior to getting behind the wheel. Never under any circumstance admit to having a drink before driving. I am not advocating lying to the police. I am however advocating that you assert your 5th Amendment right to remain silent. What normally happens is the second you admit to drinking before driving you will be pulled from the vehicle and the DUI investigation will begin. It is best to answer the question by simply stating “I do not want to answer that” or “no comment.” It is also a good idea at this time to request to speak with an attorney.

Mistake #2: Agreeing to the Breathalyzer and Field Sobriety Test

If you know you have had a couple of drinks and are asked to take a Breathalyzer, you should without a doubt decline. Although in most states denying the test will result in an automatic license suspension, there are ways to keep at least some of your driving privileges. On the other hand, If you have not been drinking and know beyond a doubt that you can pass the test, then by all means, accept.

You are also allowed to deny the field sobriety tests with no automatic license suspension. Field Sobriety Tests are slightly subjective and almost always work against you. The problem with field sobriety tests is that they are stupid physical exercises of dexterity and concentration offered under super tense circumstances. Most drivers could not properly perform the tests under ideal circumstances, much less on the side of a busy road in the early morning hours. It is almost impossible to perform these tests correctly on the side of the road at night when you are probably already nervous and anxious.

Considering when you do something correct, it never appears anywhere in the officer’s report, it is always better to politely decline and not assist the officer in building a case against you.

Mistake #3: Not Requesting a Timely MVA Hearing

After your arrest you receive a temporary license which tells you the time requirements for filing a hearing with the Motor Vehicle Administration. If you fail to make this request in a timely manner you will lose your privileges to drive. if you don’t request a hearing and then drive while your license is suspended this will be considered yet another serious traffic offense that could result in jail time as well. There are several defenses that can be presented to the MVA that can save you from losing your privileges. Keep in mind that these defenses can only be raised after a hearing is properly requested.

Mistake #4: Retaining the Cheapest Attorney You Can Find

Being a consumer myself, I understand the importance of having options and holding on to your hard earned money to buy things that are more important to you…. like……I don’t know, more drinks……but never base your decision to hire an attorney on price alone. If it sounds too good to be true it probably is. If an attorney is taking your case for a fee that is way below the market, it is likely that he or she can’t put the time necessary to raise all of the defenses, evaluate all the issues and give you a proper defense. Don’t hesitate to ask the attorney why his fee is set at a certain amount. A good and confident DUI attorney will tell you exactly why you are being charged at a certain fee.

Mistake #5: Taking the State’s Attorney’s First Offer

It is common practice for the Assistant State’s Attorney to try and get you to plead guilty. The State’s Attorney’s first offer is often an unrealistic offer when compared to the facts of your case. It’s usually never a good deal. It’s just a way to get rid of your case with the least amount of work. Not many cases are dismissed or reduced at this stage. By accepting the first offer, you waive your rights to a judge or jury trial, to raise potential constitutional violations and to fight the charges with a good attorney by your side.