Criminal Law

Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer to be present during questioning.

Will I fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs.

What is non-testimonial evidence?
Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.

What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.

If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.

Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.

But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.

Criminal Justice Procedure.
Usually, after a person is arrested, they will see the Judge as soon as possible. If arrested during the night or on a weekend or holiday, soon as possible is usually the next business day. This is the Initial Appearance where you will be informed of the preliminary charge against you and any conditions of bail are set. If kept in jail, you have the right to a bail review hearing. The next step is the preliminary hearing where the State presents the formal charges against you and a summary of the evidence they intend to use. Generally, this is accomplished when the State files the trial information and minutes of testimony. After that, the Defendant has his arraignment where a plea of either not guilty or guilty is entered. If pleading guilty a sentencing date is set. If pleading not guilty, a trial date is set. Between the arraignment and trial, there is time for discovery and filing various motions. Please bargaining can also take place. If no plea bargain is reached, there will be a trial that generally results in either a not guilty or guilty verdict. If found guilty, there will be sentencing.

What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged all the way to the trial’s doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. But usually doesn’t mean always. It is important to remember that plea bargains are not binding on the Court unless the Court agrees to ahead of time. Generally, the Court will follow the plea bargain even if it will not agree to do so ahead of time.

San Antonio Wrongful Elderly Deaths: Wrongful Death of an Elderly Person

Texas law allows a person to file a wrongful death claim regardless of the age of the victim. In many cases, if the victim is an elderly individual, a wrongful death lawsuit will be very different than if the victim were a younger individual. For instance, in many wrongful death claims, financial losses are staggering because the victim was a household’s primary wage earner. When an elderly individual is killed, however, lost wages are rarely an issue (though this is not always the case). Financial loss can come from other sources, however. The victim may have required extensive medical treatment before he or she died. In some cases, surviving family members are left without the victim’s pension income, which can cause financial hardship. But in most wrongful death lawsuits brought on behalf of an elderly individual, the primary damages are emotional and mental.

Courts do take these losses into consideration and the San Antonio wrongful death lawyers at our firm can help you receive compensation for the mental and emotional anguish that such a loss can cause. But wrongful death claims are extremely complex. Proving liability for a person’s death is not always as easy as it might seem, especially if the victim was an elderly person. Elderly individuals typically have numerous health risks and it can be difficult to prove that it was negligence and not a natural health complication that caused the person’s death. Furthermore, damages can be difficult to quantify when the loss is primarily emotional rather than financial. But our aggressive Texas attorneys have been handling these types of San Antonio wrongful death claims for twenty years and we know how to overcome the unique legal problems that you will surely face in this lawsuit. If you have lost an elderly family member to another person’s negligence, contact the San Antonio wrongful death law suit attorneys at our firm and let us help you receive the compensation you deserve.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

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Personal Injury Law – Bus Accident Attorneys

Bus Accidents can be Extremely Dangerous & Cause Devastating Injury. If You or a Loved one has Been Injured in a Texas Bus Accident, Call our Law Firm

Traveling by bus is increasing in popularity. But in Texas, bus accidents seem to become more common. Think about all of the bus accident stories you see in the news. Don’t they seem to be happening with more frequency? The troubling thing about bus accidents is that more than with other vehicles, any single accident often injures and kills from one to many passengers.

Have you been injured in an accident involving a bus in or around Texas? Our prominent personal injury attorneys know how to get what you rightfully deserve due to negligence on the part of either the driver or the carrier. A variety of bus accidents can occur on a local small transit company bus, on a school bus, maybe to one of the national carriers like Greyhound or Trailways that criss-cross all of our state’s highways, or one of the many charter services that often visit our communities.

Bus accidents can occur at any time and for a number of different reasons. But negligence or oversight by the carrier should not, and does not, shield them from civil liability. So they are not immune to rightful insurance claims or other civil actions that might be appropriate. But there are some givens that you should be aware of; if you are about to take on these powerful carriers, and the insurance companies that defend them.

Bus companies, be they transit authorities, national lines, coach companies or those that contract out to local school districts are usually treated as “common” (or public) carriers. This means that although they are not obligated to “ensure” the safety of their passengers, they have what is called an “affirmative obligation” (or duty) to protect them from harm, including injuries that might occur when an accident happens. All of them are required to have expensive liability insurance policies if they are to operate in Texas. So there’s likely to be enough money to compensate those who have been injured in an accident. But as with all defendants who have insurance, their underwriter will go to great lengths to defend their policyholders with adjusters and well-compensated attorneys because the mission of the insurance industry is to take-in the premiums and fight like the dickens in order to avoid paying claims. And it’s been that way for generations.

In the event that the accident has occurred to a school bus or one of the local transit authorities, injured plaintiffs will find themselves up against quasi-government entities who benefit from favorable laws that discourage people from using them.

So the route to successful compensation is usually one with many twists and turns that inexperienced attorneys (and non-attorneys) have a difficult – if not impossible – time when trying to convince the defendants that they must pay for their negligence if that is found to be the case.

That is why our Law Firm has chosen to share some important information with you in the event that you have been injured in a bus accident. We believe that educated clients are the best clients. And we also believe that you will come to trust such transparency as you deliberate your options after being seriously injured in one of these unfortunate, but likely preventable, vehicle accidents

We have been litigating and resolving accident and death cases of all types, both locally and all over Texas for decades. We have successfully negotiated countless settlements and argued many cases against every major insurance provider in the nation. We have a history of success and won numerous fair settlements for our clients on behalf of their deceased loved ones. Insurance companies know our track record and don’t want to see us in court. As a result, they often offer our clients attractive settlements without the stress and uncertainty of a jury trial.

The bus accident attorneys with our Law Firm do whatever is necessary to help you obtain justice and fair restitution for the loved one that has been injured or taken from you. To find out how we can help, call 1(800) 862-1260 (toll-free) for a free consultation that will be the first (and best) step to you and your family’s recovery from an accident at the hands of a negligent bus operator.

Be Careful of Speeding Tick Myths and Urban Legends!

There are several speeding ticket myths and urban legends that continue to misguide many drivers. Many drivers have succumbed to these speeding ticket myths and mounted charges against them. The consequences can be disastrous financially.

There are legitimate ways of fighting and beating speeding tickets. But the speeding ticket myths below are NOT those ways. Don’t risk your defense by using one of these myths.

Don’t Fall for Any of These Speeding Ticket Myths and Urban Legends. Remember, these speeding ticket myths and urban legends do not work!

Myth #1: The Officer Made a Mistake; the Speeding Ticket Should Be Dismissed
“The officer made a mistake and didn’t write down the correct information. My ticket should be dismissed.”

This myth will not work because judges allow reasonable errors by officers. If the officer wrote that you drove a blue Honda and it was actually a red Honda, the judge will allow the error. After all, if it was clearly mistaken, how did you end up with the ticket? The judge will not dismiss your ticket based on a slight technicality like that.

Myth #2: Overpay the Speeding Ticket, Don’t Cash Out Refund, Off the Record
“If you overpay the speeding ticket the courts must refund you the balance. When you get the refund check, don’t cash it. This will leave the transaction incomplete and you will not have the speeding ticket on your record.”

This myth has circulated around the web, in email forwards, in forums, and in many other places. The truth is that this is simply not true. You cannot fight or beat a speeding ticket based on not cashing a refund check.

First of all, once a judge pronounces you guilty, the violation is entered into the records. The speeding ticket becomes a part your personal record and points are assessed.

Second, basic accounting can quickly show that this line of thinking is preposterous. If we try to follow the logic of this myth, it breaks down when compared to accounting principles. A commissioned refund check requires proof of transaction. A refund check is assessed when the transaction is already completed.

Think of it as a store refunding your purchase. You need a store receipt, proof of transaction, to receive a refund. So, in this case, whether you cash the refund check or not, since a check was issued the transaction is complete and the speeding ticket is on your record.

Myth #3: Have Police Association Stickers on the Car & Avoid Speeding Ticket
“If you have police association stickers on your car, the officer will know you’re a cop and not write you a ticket.”
Police officers have a fraternal bond as civil servants, but they also respect each other’s jobs and authority. Legitimate retired or active police officers will hand over a police ID. Only as a courtesy, the police officer will not issue a speeding ticket.

Using stickers will not help you and chances are, you are not the first person the officer has encountered that has tried this “trick”.

The only real “trick” is a solid legal defense.

Myth #4: Pull Tricks to Postpone Your Traffic Speeding Court Date
“You can postpone your speeding ticket court date to a day that the police officer is on vacation. If he doesn’t show up, the case is dismissed.”

Unless grace and favor are upon you, chances are you will not be lucky enough to postpone your speeding ticket trial date to a day that the officer is on vacation. And NO police department will give out the vacation schedule of their police officers! Chances are, if you request such information, you will raise their suspicions about you.

Also, if you postpone your traffic speeding ticket court trial to a day that the officer does not or cannot show up, the prosecutor can easily move the trial date to another time. After all, moving the court date worked for you so it certainly will work for them.

Once again, the best defense for fighting a speeding ticket is to have a solid legal defense.

This blog was posted by The Slade Law Firm – Traffic Ticket Attorney San Antonio