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Apr 26, 2021

The Defendant’s Guide to Probable Cause

Probable cause is a legal standard of evidence that police officers must have in order to arrest someone or obtain a warrant. If the police do not follow the probable cause requirement, you may be able to have evidence against you excluded from a court proceeding.  https://www.youtube.com/watch?v=DPqiwrLDDgw What is the definition of probable cause? The term “Probable Cause” refers to the level of certainty that police need to have in order to legally arrest someone for a crime. It is defined as enough evidence for a reasonable person to believe that the person had committed a crime, was currently committing a crime, or was about to commit a crime. To legally arrest someone, a police officer needs to have a good faith belief that the person they arrest has committed a crime. And they have to have sufficient evidence to support that belief. What is a probable cause hearing? The term “Probable Cause Hearing” can refer to two different types of hearings. Under Texas law, if a police officer arrests someone without a warrant, a probable cause hearing must be held within 48 hours of the arrest. During this hearing the judge will decide whether probable cause exists to support the arrest.  The other kind of a probable cause hearing happens after the prosecution has filed charges.  Depending on the court, your attorney may have to request this hearing.  A judge will hear an explanation of the allegations and may hear testimony to determine if probable cause exists for the…

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Apr 25, 2021

How to Get a Petty Theft Misdemeanor Expungement

Petty theft, which refers to the theft of property worth less than $100, is a Class C misdemeanor in Texas. In some situations, you may be able to have petty theft arrests and charges expunged from your record. https://www.youtube.com/watch?v=Fwm3230KwMI What qualifies as petty theft? The term “Petty Theft” can be used to describe any low-value theft of property. Under Texas Penal Code § 31.03, the crime of theft is defined as follows: “(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another;   The most common type of theft is taking property without the owner’s permission and not intending to give it back. However, Texas’s theft statute also covers receiving stolen property.   The lowest theft charge in Texas, sometimes called petty theft, is a Class C misdemeanor. If you don’t have any prior convictions and the stolen property’s value is under $100, you can only be charged with a Class C misdemeanor. A Class C misdemeanor conviction for petty theft won’t land you in jail; the maximum penalty is a $500 fine.  Can petty theft be dismissed? Some petty theft charges can be dismissed through the court’s pretrial diversion or deferred adjudication programs.   Pretrial Diversion To participate in pretrial diversion, the District Attorney’s office has to give you permission to be admitted into…

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Apr 25, 2021

How to Act When Stopped By Police

Being stopped by police officers can be a stressful and nerve-wracking experience. Knowing your legal rights will help you protect yourself from police misconduct and abuses of power such as illegal searches and seizures.   https://www.youtube.com/watch?v=LLw20mxJe_U What are my legal rights if I am stopped by the police? If you are stopped by the police, you have the following legal rights: The Right to Remain Silent You have the constitutional right to remain silent. This right almost always allows you to refuse to answer questions that the police ask you, including your name, where you live, where you are coming from or going to, or what you are doing. You can exercise your right to remain silent even if the police detain you, arrest you, or put you in jail.  Do not answer the police officer’s questions that you do not feel comfortable answering!  You have the 5th Amendment right under the US Constitution to not incriminate yourself.  Police officers are trained to ask you questions that may trip you up.  And most people that are stopped by the police, whether guilty or innocent, are very nervous.  Being nervous can cause you to answer something the wrong way or say something that just isn’t true.  Be careful.  Be polite, be courteous.  But, don’t answer questions that you do not feel totally secure answering.  You can simply not answer, remain silent, and ask to speak to an attorney. However, many states consider it a crime to intentionally refuse to give the officer…

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Mar 7, 2021

What to Do After a Car Accident

Car accidents can be scary and disorienting. Unfortunately, making the wrong choices immediately after a car accident can prevent you from receiving fair compensation for your injuries. If you follow the steps in this guide you can ensure that you protect yourself and your right to recovery. https://www.youtube.com/watch?v=FZp4WV2fZ1k What do I do after a car accident? There are several steps you should take after any car accident: File a Police Report No matter how insignificant the accident might seem, you should always call the police to file an incident report. A police determination of fault is usually persuasive to insurance adjusters and having a police report on file can help avoid situations where the only evidence is your testimony. Under Texas Transportation Code § 550.026, you are legally required to immediately inform law enforcement if you are involved in a motor vehicle crash that results in any of the following: Injury to a personDeath of a personDamage to a vehicle to the extent that it cannot be normally and safely driven Photograph the Scene After contacting the police, you should take photos of the vehicles involved in the crash from every angle — as well as close-up and far away — if you are safely able to do so. It’s crucial that you ensure the pictures document all of the property damage, the scene of the accident, and any street conditions that might have contributed to the crash. You should even photograph the other drivers involved if you can. There…

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Mar 7, 2021

The Ultimate Guide to Motorcycle Accidents

Riding a motorcycle can be quite a rush. Unfortunately, because motorcycle drivers are entirely exposed in collisions, it can also be hazardous, particularly if you do not wear a helmet. If you’ve been injured in a motorcycle accident or someone you love has been killed, there are steps you can take to protect your rights. https://www.youtube.com/watch?v=47ITjLF4pSM What should I do if I was in a motorcycle accident? If you are involved in a motorcycle accident, there are several steps you should take: File a Police Report According to Texas Transportation Code § 550.026, you are legally obligated to inform law enforcement immediately if you are involved in a motorcycle crash that causes injury to or death of a person, or damage to a vehicle to the extent that it cannot be normally and safely driven. Even if the accident does not meet these requirements and seems minor, you should always contact the police to file a crash report. Insurance companies find a police determination of fault to be persuasive, and having a police report to back up your side of the story can strengthen your claim. Photograph the Accident and Your Injuries After calling the police, you should take photos of the crash scene and all of the damage to the vehicles involved from every angle. You should also photograph the scene of the accident, any road or weather conditions that might have played a role in the accident, and any injuries you sustained, no matter how minor they seem. …

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Mar 7, 2021

The Ultimate Guide to Garbage Truck Accidents

While they often go unnoticed, garbage trucks are a part of our everyday lives. No matter where you live, work or play, a garbage truck could be just around the corner at any time.  Unfortunately, because of their size and limited visibility, when garbage trucks are involved in accidents with cars, motorcycles, or pedestrians, they can be deadly. https://www.youtube.com/watch?v=zFHMs9cO70M What is considered a garbage truck accident? A garbage truck, sometimes called a waste collection vehicle (WCV), is a truck designed specifically to pick up waste and dispose of it in landfills or treatment facilities. Any crash where a garbage truck collides with another vehicle is considered a garbage truck accident.  Many of the alleys and streets that garbage trucks must service require them to back up once the trash is loaded. Unfortunately, many garbage trucks aren’t equipped with backup cameras, limiting their visibility and increasing the likelihood that garbage truck drivers will hit cars or people in their blind spots. Garbage truck blind spots are even larger than for other vehicles because of the loading arms that can obstruct a driver’s view.  The loads that garbage trucks carry also increase the danger they pose. Some trash will contain flammable or hazardous materials that can make a collision even more deadly. Additionally, garbage trucks are top-heavy, which can cause them to tip when making turns. Should I contact my insurance company after a garbage truck accident? Yes, you should contact your insurance company after a garbage truck accident to report the…

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Mar 7, 2021

The Ultimate Guide to Brain Injury Lawsuits

Brain injuries are serious, and recovery can be painful and expensive. If someone else was responsible for your brain injury, you could be entitled to receive reimbursement for the money you’ve spent and the suffering you’ve endured.  https://www.youtube.com/watch?v=GBYAHi5aiEQ What should I do if I suffer a brain injury at work?  If you suffered a brain injury at work, it's crucial that you take fast action to safeguard your rights. When you experience head trauma in a workplace accident, you should notify your employer and seek medical attention immediately. Brain injuries are notoriously unpredictable, so even if you think it’s no big deal at the time, you could suffer brain damage or other severe injuries in the future.  A physician can determine the specific type of brain injury you have through x-rays, MRIs, CT scans and other diagnostic evaluations. You should never delay seeking medical treatment if it is possible that you experienced serious head trauma. After receiving medical treatment, you should also regularly photograph your injury and document the following: Pain and symptoms Medical appointmentsMedications and their side effectsAny time you missed work for recovery or to see medical providers The effect your injury has on your ability to take care of your home and family What are the typical symptoms of a brain injury? The typical symptoms of a brain injury include: Loss of consciousnessConfusion or disorientationHeadacheNausea or vomitingFatigue or drowsinessSpeech problemsDifficulty sleeping or sleeping more than usualDizziness or loss of balanceSensory issues Sensitivity to light or soundIssues with memory or concentration Mood…

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Mar 7, 2021

Is a Headache Normal After a Car Accident?

Suffering a headache after a car accident is normal. However, the fact that it is common does not mean there is no reason to be concerned. Headaches after a car accident can be a symptom of a much more serious underlying condition. If you start to experience headaches after being involved in a motor vehicle crash, you should seek medical attention as soon as possible. https://www.youtube.com/watch?v=7EF82H16eCo Is a headache normal after a car accident? Yes, headaches are frequently reported by car accident victims.  Even among those who are involved in relatively minor, low-impact accidents. Headaches can start immediately after the accident, or they can take several days to appear. Symptoms may include: A dull, achy head painA feeling of tightness or pressure across your forehead or the sides and back of your headScalp, neck, or shoulder tendernessLoss of appetite Neurologists typically refer to headaches caused by car accidents as “post-traumatic” headaches. Common types of post-traumatic headaches among car accident victims include: Post-concussive headachesMusculoskeletal headachesVascular headachesTension headachesCluster headachesMigrainesMuscle-contractions/spasmsChronic facial pain Nerve dysfunction Occipital neuralgia What if I have a constant headache after a car accident? It is also common for victims to suffer a constant headache after a car accident. These ongoing headaches are usually caused by head or neck trauma during the car accident, such as whiplash or a direct blow to the head.  Accident injuries that commonly cause trauma-induced headaches: Striking your head on a solid object such as a steering wheel, dashboard, or windowPinched nerves in the spine or the…

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Mar 7, 2021

How Much Can Someone Sue for a Car Accident?

If you’ve been injured in a car accident, it can be challenging to get the compensation you deserve. In some situations, you may even need to file a lawsuit to be reimbursed for the financial and physical harm you have suffered from the accident. Can I sue someone for a car accident? Yes, you can sue someone for a car accident if you were injured by their negligence, which means they acted with complete disregard for how their actions will affect others. When it comes to driving, negligent activities can include speeding, failing to yield, swerving in traffic, and any other careless driving behaviors that cause an accident. To sue a driver for negligence, you or your lawyer must prove that the other driver’s conduct violated a legal duty to drive carefully, and their behavior caused injuries and/or damage to you or your property.  How much can someone sue for a car accident? When you sue someone for a car accident, the amount of money you recover is called “damages.” Examples of factors that can impact the amount of damages you can receive include: The severity and types of injuries sufferedAny permanent effects or disfigurement from the injuriesThe severity of the disfigurement and permanent effectsThe amount of pain the injuries createdThe amount of medical evidence availableThe intensity and duration of medical treatmentsThe length of the recovery periodTreatment costsThe amount of wages lostThe impact of the accident on your daily life Because these factors could contribute to a higher jury award…

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Mar 7, 2021

How Do I Make a Car Accident Report?

If you’ve been involved in a car accident, you should always contact the police to file a car accident report, no matter how minor you think it is. Insurance companies often see a police determination of who is at fault for the crash as highly-persuasive evidence. Being able to point to an official police report that supports your side of the story can help you avoid situations where the only evidence you have is your testimony.  https://www.youtube.com/watch?v=DVe2tXNFqSk What is a car accident report? A car accident report is either filed by a law enforcement officer or a person involved in a motor vehicle crash. The report summarizes the details of the accident, including: The damages and injuries causedThe parties involvedThe location of the accidentA narrative summary of the eventsAny citations issued or charges made How do I make a car accident report? Reporting methods will vary depending on where your accident occurs. If you’ve been involved in a non-emergency car accident, you should contact the local police department for non-emergencies to inquire about making a report. You should always call 9-1-1 in emergency situations.  Do I need to file a police report for a car accident? Under Texas Transportation Code § 550.026, you are legally required to immediately inform law enforcement if you are involved in a motor vehicle crash that results in any of the following: Injury to a personDeath of a personDamage to a vehicle to the extent that it cannot be normally and safely driven If the…

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