Law Offices of Howard & HowardFindLaw IM Template2024-03-13T21:27:06Zhttps://www.hhlawva.com/feed/atom/WordPress/wp-content/uploads/sites/1100624/2023/03/cropped-favicon-n-32x32.pngOn Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598822024-03-13T21:27:06Z2024-03-11T21:08:19Zcar accident rates.
Increased car accident risk post-DST transitions
Research indicates that the transition into DST can lead to an increase in car accidents. A study from the University of Colorado, Boulder, found that in the week following the “spring forward” into DST, fatal car crashes spike by nearly 6%. This increase is attributed to sleep deprivation and the misalignment of the body’s biological rhythms, which can result in drowsy driving.
Drowsy driving, much like drunk driving, impairs decision-making and attention to the road, increasing the risk of accidents.
Virginia’s statistics
In Virginia, similar trends have been observed. The disruption in sleep patterns due to the time change can lead to a temporary increase in car accidents. This is particularly concerning given Virginia’s already busy roads and varying weather conditions, which can compound the risks associated with DST-related drowsiness.
Safety recommendations
To mitigate the risks, it is recommended that drivers prioritize sleep in the days leading up to the DST transition. Employers can also play a role by allowing for more flexible schedules during this time to accommodate the adjustment period.
While DST has its benefits, it also poses risks to road safety. Both nationally and in Virginia, the data suggests a tangible increase in car accidents following the time change. As we continue to observe DST, it is crucial for drivers to be aware of these risks and take proactive steps to ensure their safety and the safety of others on the road.]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598792024-03-05T16:02:17Z2024-03-05T16:02:17Zdrug case? The exact approach you take is going to depend on the facts of your case, but even if the evidence seems overwhelmingly in the prosecution’s favor, don’t gloss over assessing your criminal defense options. After all, there might still be a way for you to win.
Key defense strategy in a drug case
There’s no one-size fits all approach when it comes to building your criminal case. Instead, you need to custom tailor your approach to fit the circumstances at hand. That said, here are some defense strategies that you should consider implementing into your case if you can:
Evidence suppression: This could be your golden ticket when facing drug charges. Here, you argue that evidence collected by the police was illegally seized in violation of your Constitutional rights, and therefore should be barred from being used against you at trial. If you succeed in suppressing evidence, you can crater the prosecution’s case. So, as you analyze the facts of your case, be sure to assess whether the police violated your rights in some way, such as by illegally initiating a traffic stop or conducting a search without a warrant or without a justifiable exception the warrant requirement.
Witness credibility attacks: Even if the prosecution has physical evidence against you, they’re still going to need to present witness testimony. If you can find a way to attack the credibility of these witnesses, such as by showing motive, bias, inconsistent statements, or a troubling criminal history, then you can damage their reliability. This could cause the jury to give key witness testimony little weight, which could protect you from conviction.
Chain of custody errors: When the police seize what they believe to be drugs from you, that substance has to undergo testing to confirm what it is. However, if the evidence is mishandled or stored improperly, then it can be compromised, thereby leading to erroneous testing results. If you can highlight these chain of custody errors, then you can diminish the reliability of the evidence. If the chain of custody errors are egregious, then you might be able to block the evidence from being used against you altogether.
Entrapment: This occurs when the police induce you to commit a crime that you otherwise wouldn’t have committed. A sting operation doesn’t count as entrapment, but you might be able to argue entrapment if the police initiated the idea to buy or sell drugs, thereby persuading you to act illegally when you otherwise didn’t have any intention of doing so.
Don’t let prosecutors run you over in your drug case
Squaring off against aggressive and experienced prosecutors can be tough. But don’t let their confidence rattle you. Just stay focused on building the best criminal defense possible so that you can rest assured that you’re doing everything you can to protect your interests.]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598772024-02-26T22:51:19Z2024-02-26T22:51:19ZVirginia Highway Safety Office reported that truck accidents caused 116 fatalities and approximately 2,000 injuries in 2022.
There are some important steps you should take after a truck accident, whether your injuries are minor or major.
Call the police
Call 911 and let them know the location of the accident and how many people are involved. Get a police report even if the accident seems minor. This is the best documentation about your accident.
Get a thorough medical evaluation. You may not believe that you are hurt but symptoms, such as head injury symptoms, do not show up right away.
You might be examined by an emergency medical technician at the accident scene, but have another evaluation done at your primary care doctor’s office as soon as you can.
Gather evidence
Document everything at the accident scene through pictures or videos. Obtain contact information from everyone involved, including witnesses.
Get the truck driver’s name and contact information, their driver’s license number, insurance policy number, the truck license plate number and the contact information for the trucking company.
Watch your words
Be careful about what you say at the accident scene or after the accident. You might be feeling angry, scared or upset if you believe you caused the accident.
Keep cool and say as little as possible. Never admit fault for the accident even if you believe you caused it. Do not apologize since this could be taken as admitting fault.
Avoid posting about the accident on social media. This could be extremely difficult since many of us use social media to communicate about what happens in our lives.
When it comes to an event such as a truck accident, anything you post, even innocent sounding comments, could potentially hurt your case if you file a personal injury claim. Assume that anything you post online will be read by a judge or jury.]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598752024-02-09T11:52:11Z2024-02-12T11:51:13ZFiling a personal injury claim following a dog bite injury
If you have been bitten by a dog, the owner may be held liable for your injuries under the legal theories of strict liability or negligence:
Strict liability: Under Virginia’s version of the “one-bite” rule, the dog owner knew or should have known of the dog’s dangerous propensities and is therefore strictly liable for the injuries caused by their dog.
Negligence: The dog owner acted negligently, and their negligence caused or contributed to your injuries, making them liable. For example, the dog owner may have taken their dog outside without a leash or failed to properly secure their dog in their yard. If the dog owner violated local law, the owner may be liable under the theory of negligence per se.
Statute of limitations
According to the statute of limitations in Virginia, you will have two years following your dog bite injury to file your personal injury claim. If your claim is successful, you may recover damages for your medical expenses, lost wages, mental anguish, and pain and suffering.
]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598732024-01-30T12:39:26Z2024-01-30T12:39:26ZIn this post, we will explore scenarios that could lead to criminal charges.
Leaving the Scene of an Accident
A common criminal charge triggered after a car accident is leaving the scene without fulfilling legal obligations. Virginia law (Virginia Code, Section 46.2-894) mandates stopping at the scene of any accident involving injury, death or property damage. Failing to report required information to the police, injured parties and property owners may result in a hit and run charge.
Penalties vary from no jail time to up to 10 years, plus a fine. And, civil liability for damages accompanies hit and run charges.
Driving Under the Influence
Criminal charges may stem from a car accident if you are suspected of driving under the influence of alcohol or drugs. Specifically, Virginia law (Virginia Code, Section 18.2-266) prohibits operating a vehicle under three states: (1) with a blood alcohol concentration of 0.08% or higher; (2) under the influence of alcohol or any impairing drug; or (3) with a specific drug concentration in the blood.
DUI penalties vary based on BAC levels, prior convictions and accident outcomes. They range from jail time that can be up to 20 years, fines and license suspense or revocation. Civil liability for accident-related damages also applies.
Other factors leading to criminal charges
Beyond hit and run and DUI, other factors could trigger criminal charges after a Virginia car accident. For example, if the Warrenton Police Department officer believes that you were driving recklessly, Reckless Driving is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. If the officer finds that you were driving aggressively, you could face an Aggressive Driving charge, a Class 2 misdemeanor with penalties of up to 6 months in jail and a $1,000 fine.
Protecting yourself after a car accident
In the aftermath of a car accident in Virginia, safeguarding yourself from criminal charges and civil liability involves specific steps. Stop at the accident scene, check for injuries and call 911 if needed. Exchange information with other parties involved. Provide reasonable assistance to injured parties. Report the accident promptly to the police and your insurance company. Avoid admitting fault or apologizing for the accident. Refrain from discussing the accident with the other party’s insurance without legal consultation.
]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598712024-01-15T07:19:23Z2024-01-15T07:19:23Zcircumstances can elevate a state marijuana charge to a federal crime.
Marijuana’s federal classification
Understanding marijuana’s federal classification is crucial to identifying scenarios that may trigger federal charges. Federally, marijuana retains its Schedule I status. This means that, under federal law, it has no accepted medical use and a high potential for abuse.
Federal marijuana penalties
According to Chapter 21 of the United States Code, Section 844, initial offenses of marijuana possession carry a maximum prison term of 1 year and a minimum fine of $1,000. Subsequent offenses escalate penalties, potentially reaching 15 days to 2 years in prison and a $2,500 fine for a second offense.
A third or subsequent offense could result in 90 days to 3 years in prison and a $5,000 fine. Additionally, federal law enforces civil penalties, such as the denial of federal benefits, student loans or public housing for marijuana possession.
Federal jurisdiction triggers
Determining when a Virginia marijuana charge becomes a federal crime hinges on various factors. These include quantity, location, aggravating circumstances and prosecutorial discretion. For example, federal prosecutors may prioritize cases involving large marijuana quantities, interstate or international trafficking and ties to organized crime.
Another federal jurisdiction trigger is offenses committed on federal property or affecting federal interests, such as national parks, military bases, etc. Smuggling marijuana across state lines or borders can also bring the case under federal jurisdiction. Finally, federal law takes precedence over state law in drug-related matters, providing federal authorities the authority to enforce their statutes irrespective of state regulations.
If I was arrested locally, I do not have to worry about the feds, right?
Wrong. Although many low-level marijuana offenses are handled by state authorities, it is crucial to recognize the potential for federal intervention. Federal prosecutors often prioritize serious drug crimes that pose threats to public safety or national security. Nonetheless, the dynamic nature of federal policies implies a potential shift in priorities and an increased risk of federal prosecution.
]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598672024-01-02T12:39:28Z2024-01-02T12:39:28ZHow to block the prosecution’s evidence
There are several circumstances that may warrant a motion to suppress. If you succeed on one of these motions, then you can prevent the prosecution from using illegally gathered evidence against you. Here are some ways to argue for suppression in your criminal case:
You were subjected to an illegal traffic stop: The police can’t just stop you on a whim or a hunch. They need articulable suspicion that you’ve committed some sort of offense or infraction. If they lack reasonable suspicion prior to pulling you over, then the stop is illegal, and any evidence gathered after that point is tainted by that illegality. This is known as the fruit of the poisonous tree doctrine. So, make sure you evaluate the circumstances surrounding your traffic stop to see if you can argue that it was illegally conducted.
The police misused an exception to the warrant requirement: Although the police typically have to secure a warrant from a judge before they can search your car or your home, there are also a number of exceptions to that warrant requirement. In practice, though, the police misuse these exceptions all the time, which is a violation of your Constitutional right against unreasonable searches and seizures. If you, your car, or your home was searched without a warrant, you’ll want to analyze the facts of your case to see if the police went too far.
The police failed to read you your rights: When you’re subjected to custodial interrogation, the police are required to advise you of your rights, including your right to remain silent and your right to an attorney. If they don’t, then their interrogation is in violation of those rights, meaning that any confessions that you make are illegally obtained. You can block these incriminating statements from being used against you.
Witnesses won’t cooperate: Before you head to trial, you’ll know who the prosecution intends to call as witnesses. You can then depose these witnesses so that you have a better sense of how they’ll testify at trial. If these witnesses don’t cooperate with you, though, and they fail to appear for scheduled depositions, then you can probably block their testimony from being used against you at trial.
Don’t let investigatory errors lead to your conviction
There’ simply too much on the line in your criminal case to let the police and the prosecution run the show unchecked. After all, they might use illegally obtained evidence against you if they get the chance. Don’t let them get away with that. Instead, figure out which aggressive criminal defense arguments best protect you and your future.
]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598692024-01-08T07:00:26Z2024-01-01T06:59:46Zautomobile accident occurs, it is an unexpected event with unexpected losses and damages that could significantly impact your life.
Automobile accidents
Every day, individuals in Virginia are harmed in an automobile accident. The legal team at the Law Offices of Howard & Howard has seen first-hand the tragedy that befalls victims of a car accident caused by the negligence of another motorist. Thus, our law firm is dedicated to helping our clients secure the compensation and damages they deserve.
Personal injury action
Our firm has the skills and expertise to prove fault and liability in a personal injury claim. Evidence collection is an important step in the process, as it is used to illustrate cause and damages and can help prove negligence and fault.
When working through a civil suit, the damages suffered need to be assessed and calculated. Our law firm takes the time to fully explore the harms suffered physically, mentally, emotionally and financially. This can help establish an amount that can compensate you for the harms suffered.
Falling victim to a car accident can be a life-changing event. No one expects to be involved in a crash, and they especially do not expect to suffer long after due to medical issues or disabilities caused by the crash. While it might be emotional and challenging to work through a civil action, victims of a car accident have the right to seek damages and hold a negligent driver accountable through a personal injury claim.
]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598652023-12-18T22:41:18Z2023-12-15T22:39:51Zshow the police your ID in Virginia depends on the situation and the local laws.
No state-wide stop-and-identify law
Some states have laws that require people to identify themselves to the police when they are stopped on reasonable suspicion of a crime. These are called stop-and-identify laws, and they vary from state to state.
However, Virginia does not have these laws. This means that, in general, you do not have to show your ID to the police if they stop you without a warrant or probable cause.
Local exemptions
However, there are some complications to this rule. First, some local jurisdictions in Virginia may have their own stop and identify ordinances. For example, Fairfax County has an ordinance that requires people to identify themselves to the police when they are suspected of violating any county ordinance or state law.
Breach of the peace exemption
Even if there is no local stop and identify ordinance, you may still have to identify yourself verbally if you are involved in a breach of the peace. Under Virginia law, you can be charged with a misdemeanor if you refuse to identify yourself to a police officer after the officer has witnessed a breach of the peace. This includes any disorderly conduct, like fighting, obstructing traffic, etc.
Driving exemption
If you are driving a vehicle, you are required by law to show your driver’s license if the police stop you for a traffic violation or an equipment violation. You may also be asked to show your ID if you are involved in a car accident.
Showing ID does not mean participating in an investigation
Regardless of whether you have to show your ID or not, you always have the right to remain silent and refuse a search. You do not have to answer any questions about where you are going, doing or even where you live. You can simply hand over your ID and remain silent. You do not have to consent to a search of yourself or your property.
Of course, this does not mean the police will follow the rule of law. If that happens, do not escalate the situation. Remain calm. Try to document the incident as much as possible, get the officers’ information and you can file your lawsuit later.]]>On Behalf of Law Offices of Howard & Howardhttps://www.hhlawva.com/?p=598632023-12-11T12:11:27Z2023-12-01T12:10:46ZNegligent security
Property owners are responsible for injuries that happen on their property because of unsafe conditions, including inadequate security which leads to foreseeable criminal activities like robberies or assaults.
Negligent security measures may include a lack of security guards to protect shoppers, faulty surveillance systems, like security cameras, poor lighting that can increase the likelihood of a criminal act, and failing to prevent access to the property which could include broken gates and unlocked doors.
Injuries
You can experience several types of injuries caused by negligent security. Physical attacks and assaults can cause you to suffer from bruises, fractures, broken bones and concussions. In violent altercations, you could be seriously hurt in a stabbing or by a gunshot.
In addition to physical injuries, you can suffer from anxiety, depression and post-traumatic stress disorder (PTSD). Emotional and psychological trauma can make it difficult to return to normal life after the incident. You may be entitled to compensation from the property owner to cover medical expenses and lost wages.
In other situations, a victim’s family may pursue a wrongful death claim against the property owner if their loved one has fatal injuries. Damages for wrongful death may be based on future earnings and pain and suffering.
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