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Do I Need a Massachusetts DUI Attorney?

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If you have been charged with driving under the influence in Massachusetts, chances are good you need a Massachusetts DUI attorney. In order to better understand “why” you may need legal assistance, let’s take a look at what happens when you are arrested and charged with this offense:

When you are arrested for this offense, you will most likely appear within the Massachusetts District Court the next business day. This is called your arraignment hearing.

Having a DUI attorney with you during your arraignment can be very helpful. If for some reason you do not have a lawyer at this time, it is very important that you keep quiet and simply answer the basic question such as name, address, etc. The court will, by law, enter your plea of not guilty. It will then set a court date for what is called a pre-trial conference.

If you have not yet hired a Massachusetts attorney, after your arraignment, now is the time to do so. He or she can help you prepare your defense against these charges, whether you wish to plead guilty or not guilty.

Do I Need to Hire a Specialized Massachusetts DUI attorney?

The answer is yes. Lawyers are very much like doctors in that they often specialize in one area of their profession. A DUI attorney is someone who is experienced and well-qualified to handle these particular types of cases and charges. He or she will know how to best defend you against these charges because he or she will know the state laws and rules as they pertain to this type of charge. This high level of expertise and experience becomes even more critical if you are facing a second or third offense for driving under the influence.

What Can a Qualified Attorney Do For Me?

More than you probably know. To start, a lawyer who specializes in this type of case will sit down with you and get your side of the story. He or she will review the police reports, sobriety tests given, and blood alcohol tests, as well as any mitigating circumstances that may affect your case. From there, he or she can help you develop a defense, should you wish to fight the charges. Or they can help you draft up a guilty plea and present your case to the court for the best possible outcome.

One of the most important benefits to working with an experienced Massachusetts DUI attorney is that he or she can give you a honest assessment of your case. They can offer various possible options and, from there, you can decide what is the best action to pursue for your particular case.

Your lawyer can also set up a meeting with district attorney to see if a deal can be worked out. For many, especially those with multiple convictions, this can result in much less harsh punishments if found guilty on the charges.

Your lawyer may also be able to work out more favorable payment plans for court costs and possible fines. He or she may be able to have the original charges reduced. They may be able to work out a deal in which you are able to keep your driving privileges in order to go to and from work, even if you plead guilty to the charges.

These are just a few of the many issues that a qualified and experienced Massachusetts DUI attorney can do for you should you be charged with driving under the influence. Their expertise and guidance when it comes to police reports, sobriety tests, state laws, and working with the court, can be invaluable for anyone who may be facing a court appearance for this offense. It is money well invested and can result in less severe and less expensive penalties and punishments.

Categories: DUI Laws - Tags: blood alcohol levels, drunk driving in Massachusetts, dui attorney in Massachusetts, dui defense in Massachusetts, impounded vehicle, Massachusetts dui attorney, misemeanor drunk driving, sobriety tests, specialized attornys

DUI Laws & Consequences: What Every Driver Must Know

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Driving Under the Influence (DUI) is a serious crime in the United States. According to the National Highway Traffic Safety Administration (NHTSA), the estimated deaths resulting from DUI’s were 13,470 victims. To help alleviate these numbers and crack down even harder on DUI offenders many states, under the sanction of the NHTSA, are holding “No Refusal Weekends” where officers are able to instantly obtain warrants for blood tests of suspected DUI drivers, ensuring that evidence is gathered in a timely way.

 

Laws and Penalties

A DUI is defined as driving under the influence of any legal or illegal substance. While the most common offenders are those using alcohol, drugs and even medications found in the blood will also result in a DUI charge. Some states separate the two laws by referring to alcohol related offense as Driving While Intoxicated (DWI). While states are permitted to set harsher laws, Federal law requires that a DWI is issued when the suspect’s blood alcohol content (BAC) is above .08 percent. Additionally, a DUI is issued when the BAC is under .08 percent or for traces of any other substances. Occasionally, officers may be lenient and issue a DUI if someone is a first time offender and only slightly over the .08 percent BAC. Penalties for DUI include fines, loss of license, alcohol rehabilitation classes, community service, and jail time.

 

Tests

When you are first pulled over for DUI and as the investigation quickly commences, the law requires officers to pursue certain tests in determining whether you are in fact driving under the influence. After being either stopped at a DUI checkpoint or pulled over for suspicious driving, an officer will ask you to step out of the car and perform some basic tasks. This test is referred to as a field sobriety test. While some states still use their own versions of the field sobriety test, the standardized test includes three different actions for which the officer determines a numerical level of intoxication. These tests include the Walk and Turn test, the One Leg Stand test, and the Horizontal Gaze Nystagmus test.

If a suspect sufficiently fails the field sobriety test, they have then established reasonable cause to pursue further testing. An officer will then ask for your consent to perform a breathalyzer test. If you agree then they will perform the test immediately to determine your BAC. If you refuse, they will contact a judge and obtain a warrant, typically on-site, to perform the test. While this may delay the process by 15 or 20 minutes, it will not affect the results of the breathalyzer test.

If the breathalyzer test comes back with a high enough BAC, the officers will arrest you and take you to the nearest police station. At which time they may or may not also acquire a blood test for final determination of your levels. While this test is not required by federal law, some states prefer that all three tests are completed.

 

Arrest Process

After the officer determines that you do have the sufficient BAC, you will be formally placed under arrest. In the United States, the officer will recite your Miranda Rights and if they haven’t already, take you to the police station. Once at the police station you will be formally booked and jailed to await your arraignment. The formal booking process includes a complete search for weapons, finger printing, taking your picture and asking you basic questions about your name, address and any medical conditions that may require treatment. All of your personal possessions including jewelry will be taken from you and inventoried. After these initial processes, the police officers will want to question you further. This is the best time to contact and hire an attorney. It is never recommended to answer police questions without an attorney present.

You will remain in jail until your arraignment and the posting of bail. Once you post bail, then you may leave the jail and your possessions will be returned to you. You will meet with your attorney and discuss your case. While there are not many defenses that can be argued for your case, there are some that your attorney can attempt. Low BAC is the first defense that attorneys will attempt. This defense will not result in a dismissed case, but will result in a plea bargain. If this is your first offense and you act appropriately, your attorney may be able to lessen the penalties to community service and alcohol rehabilitation classes. Finally, if the officers made any mistakes during your booking, such as they forgot to read you your Miranda rights or they improperly administered one of the tests, then your case may be thrown out entirely.

You will also be responsible for returning to court on the day of your trial. After the trial, you will complete whatever sentence is given to you. This ends your commitment and consequences as far as the state is concerned, so long as you do not repeat the offense.

 

Civil Consequences

Along with the state’s penalties, you will also have consequence directly from your insurance company to deal with. There is no way to hide your DUI from your auto insurance company. In fact, most states require that you obtain an SR 22 form from your insurance company to present to the court as proof of insurance. This form immediately tips off the insurance company that you have been convicted of a DUI (click here to read about DUI car insurances). Depending on your contract with your insurance company, they will either cancel your policy entirely at this point or drastically raise the premiums. Should you repeat the offense, your premiums will continue to be increased.

Life and disability insurance companies also evaluate and obtain information about any previous DUI convictions. These companies consider a conviction evidence of a dangerous lifestyle the result of which is a drastic increase in life insurance and disability insurance coverage. The reason for it affecting these forms of insurance is that studies show that those who are addicted to drugs and alcohol have a higher correlation of motor accidents, industrial accidents, suicides and crimes. Also, insurance companies are knowledgeable of studies that reveal correlations of substance abuse with deterioration of a person’s metal and physical health, damage to the heart, elevated blood pressure, liver disease, and cancer; all of which are negative outcomes for a life insurance company. Many repeat offenders are simply denied life and disability insurance when they apply. For a single conviction, you may be able to persuade the insurance company that it was a willful but bad decision.

 

Getting Back Your License

One of the penalties for any DUI conviction is suspension or even loss of your driver’s license. For many, getting your license back is essential to job security and survival. The first step to getting back your driver’s license is completing all of the required and recommended courses mentioned by the judge. You can typically sign up for these classes online through your DMV’s website or through the mail if you the judge gave you a form. These classes involve alcohol awareness education and general guidance in avoiding situations where you may find yourself driving under the influence. Additionally, the judge may require that you complete a alcohol rehabilitation program. These programs are offered through private clinics and sometimes may involve you spending a required amount of time at the clinic under the supervision of physicians and councilors.

Next, you will need to contact your insurance company, if you have not already done so and obtain an SR-22 form showing that have proper car insurance coverage. This form must be taken to the DMV when you apply for your license. If this is your second DUI offense the judge will also require you to attend a driver’s license hearing before your license is reinstated. This hearing is meant to establish to the judge that you are remorseful for your actions. Finally, you’ll be required to pay your state’s reinstatement fee at the time you take all of your forms to the DMV.

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Resources that you might want to visit:

1. The Century Council – http://www.centurycouncil.org/

2. National Highway Traffic Safety Administration – http://www.nhtsa.gov/

3. CDC Fact Sheet about DUI: http://www.cdc.gov/MotorVehicleSafety/Impaired_Driving/impaired-drv_factsheet.html

4. Mothers Against Drunk Driving: http://www.madd.org/

Categories: DUI Laws - Tags: blood alcohol level, driving under the influence, driving while intoxicated, drunk driving laws, dui, dui attorney, dui car insurance, dui conviction, dui laws, DUI penalties, dui statistics, get your license back, license suspension, national highqay traffic safety administration

Important information about divorce mediation in Illinois

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Divorce mediation is not for everyone. But for many couples, who are living in the state of Illinois, it can be a less emotional and costly way to dissolve the marriage and those issues associated with marriage. One of the major problems with Illinois divorce mediation is that people do not understand exactly what it is and how they can benefit from it. This article looks at divorce mediation in an in-depth manner to answer those questions.

What is It?

There is no hard and fast rule that says that Illinois couples have to go to court to dissolve their marriage. Under Illinois law, couples can choose to mediate the vast majority of the marriage assets. This includes all of the financial assets, any visitation and custody issues, the division of the real property, the division of pension benefits, any real estate maintenance cost, child support issues, and more.

Benefits

Mediation begins with a face-to-face conversation between the parties in which each party is allowed to express his or her own desires and wishes.

These expressions must adhere to current law.

When two people wish to divorce on peaceful terms and need legal help understanding the current laws as they pertain to assets, child custody, or child visitation issues, divorce mediation experts can quickly answer those questions and help to work out a plan that is acceptable to both parties without having to drag the issues into court.

Divorce meditation in Illinois plans that addresses and resolves these issues are far less costly than if they had to be taken into court.

Drawbacks

As mentioned above, divorce mediation is not for everyone. There may be cases where spousal abuse or child abuse is involved and these issues need to be resolved by the court.

Divorce meditation in Illinois requires that both parties be willing to sit down and discuss their issues in a calm manner. This, too, may not always be possible.

Mediation will not work if one party is so angry at the other that they will not accept that the marriage is being dissolved.

Where to Start

When you want to find a divorce mediator in Cook County, DuPage County, Lake County or in other counties in Illinois, start with the credentials of the mediator. It is very important that the person you work with is well versed in the laws of Illinois.

It is better if the person you work with is licensed attorney and that they focus their work on issues associated with family law.

Before you sign up with someone, visit them, as a couple, and have a talk. Go over your desires and see it they are qualified to handle them all.

If you and your current spouse have large holdings in assets, real estate, stocks and bonds, or cash, then it is usually better to work with an attorney who is experienced in dealing with these matters.

Categories: Family law - Tags: child abuse, cook county divorce, divorce, divorce mediation, divorce mediation in illinois, divorce mediator in illinois, dupage county, illinois divorce law, lake county

How Can an Illinois DUI Attorney Help You?

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The importance of having an Illinois DUI attorney if you are arrested cannot be discounted. Your freedom, in many cases, can depend on it. If you are charged with driving under the influence, you simply must contact a qualified DUI attorney as soon as possible.

You may be asking: why? Can’t I handle this on my own?

The answer is no; not if you care about your freedom and keeping your driving privileges. Here is why it is so important to have an attorney working on your side.

In this state, driving under the influence is legally defined as any person who is operating a motor vehicle while under the influence of alcohol or drugs. The legal limit in this state is 0.08 blood alcohol content (BAC).

Even if you refuse the various alcohol tests, you can still be arrested if the police believe you are over the limit. Refusing to take a breath, blood, or urine test will not keep you out of jail.

DUI Penalties in Illinois:

As any Illinois DUI attorney will tell you, the punishments can be harsh in this state. Generally, the specific punishment a driver gets will depend on several factors.

If you are under the age of 21 and convicted of driving under the influence, you will lose your license immediately. The blood alcohol limit for minors is zero!

If you are over 21, you, too, can lose your license immediately.
For commercial drivers, the limit is only 0.04 before license suspension is possible.

If you are a first time offender, the following penalties may be handed down:

  • An automatic three-month license suspension
  • Imprisonment up to one year, loss of license for one year, and fines in excess of $2,500
  • Additional penalties can be imposed if you were carrying a minor in the vehicle at the time or if your BAC was 0.16 or more.

Second or More Offense:

  • Penalties increase in this state depending on the number of offenses a person may have on record. For a second offense:
  • Charged with a Class A misdemeanor
  • Five days of mandatory jail time
  • Jail time can be changed to 240 hours community service if judge allows it
  • Revocation of vehicle registration and loss of license

Your DUI attorney is a crucial part of your legal defense if you are facing a third conviction. This is because at this level, the charges become felonies. If convicted, you can lose your license for life and face very severe jail time and fines.

An attorney can also help you through the other problems associated with this type of arrest. For instance, you may have your vehicle impounded, you may have to pay court costs, and you may have to serve community service time. Your lawyer can help, in many cases, to get these penalties lessened or even dismissed.

Your lawyer can also be very helpful when it comes to trying to plea bargain a lesser charge. This one act alone can be worth his or her fee. By working with the district attorney, your lawyer may be able to have certain charges dismissed altogether. Now, this does not happen all of the time, but it is possible.

The best time to contact a DUI attorney is as soon as possible after your arrest. You have a right to contact a lawyer under the US Constitution, and this would be an excellent time to exercise that right.

If you cannot secure a lawyer at the time of arrest, try to have one before your arraignment hearing. Your Illinois DUI attorney will help you plan your best defense and will present your case to the court. Something you should not attempt on your own.

Categories: DUI Laws - Tags: blood alcohol content, class a misemeanor, drunk driving in illinois, dui attorney in illinois, dui defense, dui penalties in illinois, illinois dui attorney, impounded vehicle, jail time, mandatory jail time

How does divorce mediation in New Jersey work?

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How does divorce mediation in New Jersey actually work? Does it even work? Good questions and the best answers depend on a few factors that we look at here.

How it Works

Certain conditions must be met in order for divorce mediation to be an option in New Jersey. The most common conditions include:

Both parties must agree to the divorce. A contested divorce is not suitable for mediation in most cases.

Both parties must agree on where the children, if there are children, will live, what amount of child support will supplied and by whom, visitation rights, and any other issues associated with taking care of the couple’s children.

Both parties must agree on matters of finance, such as if alimony is required and how much it should be. They must also agree on the distribution of assets such as homes, cars, stocks and bonds, etc. This would also include any pensions, retirement assets and annuities.

Any divorce mediation in New Jersey must follow current state law and court procedures. New Jersey has enacted various laws which are specifically designed for this type of divorce action.

How to Get Started

If both parties agree to mediate the divorce, the first step is to hire a qualified mediation specialist. These individuals have been trained in the various laws governing this type of legal proceeding, and their knowledge is crucial when it comes to completing the process smoothly.

Mediators in New Jersey are normally attorneys who have been admitted to the state bar, which means they are qualified to practice law within the state. As such they can also help couples with other marriage-related issues such as domestic partnerships, pre-nuptial agreements, and post-divorce disputes.

There are organizations that offer family-lawyer referral services, such as The American Academy of Matrimonial Lawyers (312-263-6477, www.aaml.org), and The American Bar Association: Family Law Section (800-454-8432 or 312-263-6477, http://www.americanbar.org/aba.html), or the New Jersey Bar Association: Family Law Section (http://www.njsba.com/committees_sections/sites/index.cfm?site=102).

You can also look in the “Martindale-Hubbell” compendium of lawyers which is categorized by state and qualifications. You can find this series of books at most larger libraries.

Who to Hire

This question may have several valid answers, depending on the couple’s circumstances. For those couples that have a large amount of assets, it is usually best to work with someone who has quite a lot of experience in handling financial matters.

It is also important, however, to work with a divorce mediator who is willing to spend time with you to discuss your individual needs. A good mediator will be willing to share “bad” news with you as well as the “good” news. This type of divorce action often requires some give and take from both parties, and it is always best to know, upfront, what you are legally entitled to and what you are not entitled to.

If it is apparent that other professionals will be needed, such as accountants or property appraisers, make sure the divorce mediator you select is willing and able to work with these people. The mediator may be able to help find and secure the services of these other professionals, and you should ask about that, as well as if there is any added charge for this additional assistance.

When possible, hire a divorce mediator who has experience. It is well within your rights to ask the mediator how long he or she has been doing this type of work and what results they have achieved.

As you can see, divorce mediation in New Jersey is a good way to avoid long and costly court battles, but it does require a bit of research on your part. In the end, however, most couples will find that mediation is far less emotionally damaging for both the adults and the children.

Categories: Family law - Tags: american bar association, divorce, divorce mediation in new jersey, family law, lawyers, matrimonial lawyers, mediator, mediators in new jersey, new jersey, new jersey bar association

What Does a Massachusetts Family Law Attorney Do?

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A Massachusetts family law professional will often work as either a litigator or as a negotiator in matters that fall under this type of legal action. This type of legal professional must be able to wear several hats, as there are often many legal issues they must address. Here are a few of the most common types of issues in which they work:

Divorce

Divorce is one of the most common proceedings in which lawyers who specialize in family law work. Lawyers who work in this area are normally very well versed in the state rules as they pertain to divorce and associated issues such as child support or child custody.

A good divorce lawyer is often needed in cases where the married parties cannot agree on certain issues. As you might expect, each party will have his or her own lawyer or team of lawyers to represent them.

Child Support and Custody

As mentioned above, divorces often result in judgments concerning child support and child custody. At times, these cases can be highly confrontational and an experienced family law professional can act as both litigator and negotiator. He or she is also able to represent the client in court, in front of a judge.

One of their main goals in cases of child support or custody is to inform their client of what is legally possible and legally permissible. This advice can prove to very beneficial to those who are unsure of what their rights are and are not.

In terms of child support, a qualified lawyer can help to secure the maximum amount of support permitted under the law. For single parents, this can be very helpful as this income is often needed to maintain the child’s standard of living.

Division of Property

Your attorney can also be helpful when it comes to the division of property and other assets upon divorce. He or she can also be useful for drawing up prenuptial agreements as well as postnuptial agreements. Many of those who practice in this area are also experienced in financial matters and analysis. They may also offer advice on tax issues and other asset management issues.

Other Services

Attorneys who work in this field are often experts in other types of matters such as visitation rights for grandparents, paternity suits and actions, and guardianships.

Your lawyer may also be useful when you need to have legal orders from other states enforced in your current state. While they can be beneficial in enforcement actions, a family law professional can also be hired to help modify a current ruling, if modification is warranted.

Massachusetts family law experts are often involved in adoption cases and can play a vital role when a step-parent wishes to adopt his or her spouse’s child.

It should be noted that in many cases involving family legal matters, a trial is not always necessary. Some issues can be resolved without even appearing in court to any significant degree. This type of resolution is often brought about by the skillful negotiation of an experienced attorney.

However, it should also be noted that in some cases, appearing in court is all but mandatory. When this is the case, having an experienced Massachusetts family law attorney working on your behalf is crucial to a successful outcome. Many cases that are brought into court are simply too complex for the average person to adequately represent himself.

When you have a legal matter that needs to be resolved in family court, having a Massachusetts family law attorney at your side is often your best defense and your best investment of both time and money.

Categories: Family law - Tags: child support, divorce in massachusetts, family law expert in massachusetts, massachusetts, massachusetts family law

Tips for Hiring a Dallas Criminal Attorney

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There may be times when you need a Dallas criminal attorney. The reasons for needing legal defense are many, but some of the more common reasons include DUI, breaking and entering, and drug related arrests. If you are arrested and booked in Dallas, TX, it is in your best interest to contact a qualified criminal attorney as soon as possible.

No matter who you are, if you are arrested, you have certain rights. These rights are guaranteed under the US Constitution and may not be taken away from you. An attorney will help to ensure that your rights are maintained, including the right to speak with a lawyer at any time after you are arrested, and especially during any questioning.

Your lawyer can defend you for both felony charges and for misdemeanor charges. In some cases, the person arrested may be charged with both types of crimes at the same time.

If you are arrested but cannot afford a lawyer, the court will appoint one for you. This person is commonly known as a public defender.

If you have the means to do so, it is always better to hire a qualified lawyer as soon as you can. If you are being booked for serious offenses it is imperative that you get legal counsel quickly. In most cases, you should begin the process of hiring a lawyer as soon as you are read your Miranda rights.

Again, if you cannot afford to hire a criminal attorney, you have the right to request one anyway. This should be done before you answer any questions concerning the crime you are being charged with. You may have to prove to the court, however, that you truly cannot afford a lawyer before one is appointed to handle your case.

Anyone facing serious charges and possible long prison sentences will want to have the best lawyer possible working on their behalf. For this reason, you should seek out a Dallas criminal attorney who has lots of experience working in criminal law. At this point in time, hiring a lawyer who is trained in taxes or real estate is probably not your best option. You need someone who has in-depth knowledge of the criminal process and who has verifiable court room experience.

It is also important to work with a Dallas criminal attorney who will provide you with the strongest possible defense. This does not mean that they have to believe you are innocent, it does mean they have to express to you their willingness to fight for you, from start to finish.

Representing Yourself

There are some who believe that they can represent themselves in court. This is never a good decision. Here is why:

Court proceedings can be complicated. At each step of the process from arraignment to sentencing, argument, briefs, and other legal documents have to be filed with the court. These documents must be filed on time and in the proper manner. Most people who don’t have experience in the legal field will have a lot of problems right there.

In addition, a criminal attorney will know what tactics and strategies work in cases such as yours and what does not work. He or she will know how to select a jury, how to object to the prosecution, and how to arrange an appeal, if it comes to that. All of these issues are critical to your case, and, again, those who are not highly trained in criminal law will almost certainly fall short on these matters.

The best reason to not represent your own case is that you will probably lose the case and be found guilty. Having a Dallas criminal attorney on your side is always the better option.

Categories: Legal Articles - Tags: attorney in dallas, criminal attorney, criminal law, dallas criminal attorney, dallas texas, texas

When to Get a Maryland DUI Attorney

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If you or someone you know has been arrested and charged with driving under the influence, you need a Maryland DUI attorney. It is that simple. The rules in this state for driving under the influence can be very complicated and hard to understand for most average people. Having a qualified lawyer to represent you is the only way to protect yourself from some very harsh punishments.

When to Hire a DUI Attorney: Arrest and Booking

If you are arrested for driving under the influence, chances are good you will be booked for that charge as well. The sooner you contact a qualified lawyer the better (you can read more about drunk driving defense here). Do not forget that you have the right to request a lawyer, whether you can pay for one or not. You have the right to not answer any questions until you have a chance to see a lawyer. It is always best to say as little as possible until you have retained the services of an attorney in Maryland.

Maryland DUI Laws: First Offender

This state, unlike many others, has two separate charges they can bring upon you (for more information feel free to read our articles about Virginia DUI Laws, Florida DUI Laws, Arizona DUI Laws). The first is called driving under the influence and this comes into play if your blood alcohol level is .08 or higher. The other charge is called driving while impaired and it comes into play if your blood alcohol level is .07 or lower.

If you are convicted of driving under the influence the state must suspend your driving license for 45 days. Also, you must ask for an administrative hearing or your license will be suspended automatically. You have 10 days from your arrest to make this request.

Second or More Offenses:

The court is allowed to go back ten years when it comes to determining if a person is truly a first offender or not. If you have a conviction within the last ten years, you are not considered a first time offender.

Penalties: BAC of .07 to .08:

If convicted, you could face up to two months in jail. Fines can be levied against you as well. For first offense, $500 is the usually amount.

License Suspension:

If the blood alcohol level is above .08, you can lose your license for 45 days is this is your first offense and lost it for 90 days if you are repeat offender. If you refuse to take a blood test, you can lose your license for 120 days for a first offense and lost it for up to one year for a second or more offense.

You will also be subject to loss of points on your license, and this can go up to 8 points lost.

In all of the above, a qualified Maryland DUI attorney may be able to lessen the punishments or even have some thrown out of court.

Penalties: BAC .08 or higher:

For convictions of this nature, you can go to jail for up to one year. Fines are normally assessed at $1,000.

You may also lose your license for up to sixty days, and you can lose up to 12 points as well.

Probation:

In some cases, your attorney can work a probation deal rather than serving jail time. Again, his or her legal expertise can make a huge difference in how you are punished. In most cases where probation is allowed, you will have to install an alcohol ignition interlock device on your vehicle.

Plea Bargain:

Your attorney may be able to plea down the charges from first time DWI to first time DUI (which has less severe penalties).

Lastly, if you were involved in a crash at the time of arrest and charging, it is vital that you contact a Maryland attorney as quickly as possible. The penalties for driving under the influence when a crash takes place, or if someone is hurt or killed, can be significant. This is not the time to try to represent yourself in front of a judge!

Categories: DUI Laws - Tags: arrest and booking, blood alcohol level, dui, dui attorney, dui laws, first off, maryland, maryland dui attorney, maryland dui laws, serving jail time

Legal Assistant Job Information

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Many of those who wish to work in law firms want a concise legal assistant job description. One might think this an easy task to accomplish, but, in reality, it can be a bit more complicated than it appears on the surface. Here is why this is true:

Types of Work

One of the issues that comes up when talking about the general legal assistant job description is that these trained professionals do more now than ever before, and do so in a variety of fields. At its most basic level, paralegals help attorneys. The type of work that the attorney does will often determine the type of work the legal assistant does.

For instance, paralegals who work for attorneys who specialize in real estate transactions will, of course, need to be more familiar with real estate issues and law. The same is true for paralegals who work in law firms that specialize in family law or corporate law or patent law. Each attorney, and his or her specialty, will determine the exact nature of the legal assistant job description as it applies to that job.

While this may sound overwhelming, there is good news. Most paralegals are given added education and training once they are hired by a firm or individual attorney.

Education

Paralegals are not lawyers and are forbidden from acting as such. Even so, they are responsible for completing a variety of legal tasks. Today, most successful paralegals are those who have earned a college degree in this field. Degrees can vary from certificates of training all the way up to PhD level courses.

As part of their schooling, and then as part of their work experience, paralegals need to know how the law works and how to complete various tasks. These might include:

  • Drafting legal documents
  • Interviewing witnesses
  • Assisting in pre-trial activities
  • Office management
  • Record keeping
  • Legal research

And much more.

It should be noted that the legal assistant job description is constantly changing and this will continue as paralegals take on more responsibilities. As of today, there is no set and fast rule as to what level of education a paralegal must have in order to go to work. It is up to the supervising attorney to hire or not hire someone. However, this trend is slowly changing in many states which are beginning to impose minimum educational requirements on those who wish to work as legal assistants. The only way to know for sure what you state requirements are is to check with your state bar association.

Forbidden Acts

As mentioned above, paralegals are not lawyers. Most states have imposed a set of rules which paralegals must follow. These rules include:

  • You cannot represent yourself as an attorney.
  • You cannot give legal advice.
  • You cannot set fees for the legal office you work for.
  • You cannot, in most cases, appear before the court.
  • You cannot sign an attorney’s name on any legal document.

The Salary of Legal Assistants

Salaries for paralegals vary a great deal, depending on several factors such as:

  • Employer
  • Education
  • Work experience

In general, however, a new paralegal can expect to make somewhere between $25,000 and $35,000 per year. An experienced paralegal can often earn $39,000 to $54,000 per year.

But, again, the more education one has and the more specialized one is in their field the more one can expect to earn.

As you can see, coming up a concrete legal assistant job description is a bit harder than it appears, considering the many opportunities they have as well as future opportunities which are yet to be seen but are on the horizon nonetheless.

Categories: Legal jobs - Tags: drafting legal documents, how to become a legal assistant, law firms, legal assistant jobs, legal assistant salary, legal assistants, paralegals

Myths About Divorce Mediation in Maryland

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Divorce mediation is used when a married couple wishes to dissolve the marriage and do so under various agreements. This type of divorce is often less emotional for the parties, and, for the most part, can be conducted outside the courtroom. While divorce mediation is a good option for many couples, it is not for every couple, and there have been some misunderstandings about how the process works.

Here are some facts about Maryland divorce mediation and how it works.

The Issue: Mediation lets one spouse dominate the other.

The Fact: Divorce mediation is not about dominance. It is about negotiating and keeping things in balance. An experienced mediator will pay attention to any power struggle or conflict and bring that up for discussion between the parties. The only reason divorce mediation in Maryland works is because the couple agrees on the important issues. Without this mutual agreement, there can be no mediation.

The Issue: Females can be taken advantage of.

The Fact: Wives are not at a disadvantage during divorce mediation as long as the mediator is experienced and watchful, which most are. There are many times, in fact, when women will get a better deal out of mediation than they would in traditional court. The reason for this is because divorce mediation in Maryland allows each spouse to discuss and negotiate an agreement rather than having the court simply adjudicate a result. It should also be noted that in most cases the woman is allowed to stop the mediation process whenever she wishes. She is also allowed to refuse signing an agreement that she feels is not fair.

The Issue: Finding a divorce mediation attorney is hard to do.

The Fact: This may have been true at one time, but divorce mediation has become so popular over the last few years that it is now possible to find a well-qualified mediator fairly quickly and easily. The divorce mediator should be someone that both spouses approve of and feel comfortable with.

The Issue: Mediation takes longer than court divorces.

The Fact: This is simply not true. In fact, by going through divorce mediation, most couples will save time compared to what it would take a court to do. In court divorces, litigation takes place between attorneys and the judge, not the two spouses. In mediation each spouse is allowed to voice and offer any idea to help move the process forward. This almost always cuts down on the amount of time needed to reach a mutual agreement.

The Issue: In divorce mediation, the mediator decides who gets what.

The Fact: Not true. The divorce mediator has absolutely no power or authority to decide who gets what and what is fair, as long as the mediation takes place within the legal guidelines set up by the state Maryland. It is up to the couple to discuss and decide what the final terms will be, not the mediator.

The Issue: Mediation works for all divorces.

The Fact: Divorce mediation in Maryland can work for many, if not most, divorcing couples if they are willing to conduct themselves appropriately during the sessions. Again, this process is about finding common ground, not fighting tooth and nail over some aspect of the couple’s life. There will be some divorces where mediation is not appropriate, especially if there was a history of abuse, spousal or child, or if there are issues with substance abuse. In these cases, one spouse may feel safer having his or her own attorney speaking for them rather than having to meet face-to-face with the offending spouse.

Categories: Legal Articles - Tags: divorce, divorce mediation, divorce mediation in maryland, divorce mediatior, maryland, mediator

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