Blogs from February, 2019

Criminal defense attorneys have an ethical duty to represent the interests of their clients regardless of suspected guilt or innocence. At The Law Offices of Daniel J. Miller, we take this responsibility very seriously because we don’t believe that wayward missteps or a wrongful arrest should dictate the quality of a person’s future.

Unfortunately (and often despite our guidance), it’s not unusual for a defendant to make a small error that influences the outcome of their case. For this reason, our lawyer has compiled this list to help you sidestep the little mistakes that habitually jeopardize criminal defense cases.

Mistake #1: Posting on Social Media

Social media has become an integral facet of our day-to-day lives. Facebook, Instagram, Twitter – we use these powerful social networking platforms to keep a running record of our lives, stay in contact with friends, and even reconnect with distant family members. But the content and images you share online can have a critical impact on your criminal defense case.

While we don’t recommend deleting your accounts, it’s important to regulate what you and your loved ones post online. Prosecutors and law enforcement officials have adapted to the smartphone era and are adept at requesting and gathering damning evidence from social media websites. You’d be surprised at how a prosecutor can twist the narrative of a Facebook post to strengthen their argument and influence the jury. Unfortunately, even posts that you think our private can come back to haunt you in the courtroom, regardless of your privacy settings. If you have any concerns about your social media accounts, it’s essential that you discuss your case with an attorney as soon as possible.

So, above all else, keep your thoughts and daily activities offline until your case is over.

Mistake #2: Failing to Respect the Court

Whether you’re preparing for a preliminary hearing or a trial, you need to be ready to make a positive first impression. Judges and jury members are only human, and how you look and behave can absolutely influence your case result.

Follow these 12 tips to show that you respect the court:

1. Meet with your lawyer to make sure you’re prepared
2. Pick out your outfit in advance (stick to conservative and work-appropriate attire)
3. Never fail to appear at court
4. Arrive early to the courtroom
5. Turn off your cell phone
6. Devote 100% of your attention to the proceedings
7. Stand when the judge enters the courtroom
8. Address the judge as “Your honor”
9. Use “Yes, sir/ma’am” and “No, sir/ma’am” when speaking to legal representatives
10. Remain calm and try not to fidget or display nervous ticks
11. Don’t let the prosecution rile you
12. Trust your attorney to litigate on your behalf

Mistake #3: Choosing the Wrong Attorney

As a criminal defendant, you have a constitutional right to legal representation. While you can represent yourself or rely on a court-appointed public defender, a private lawyer usually gets the best results. Because they provide free services, public defenders have huge caseloads and very little time to spend on individual cases and clients. Plus, you don’t get to pick the public defender who is assigned to your case.

A private attorney, on the other hand, can be your greatest ally when you’re facing criminal charges. These trial-tested lawyers have an in-depth understanding of criminal law and court procedures. Also, unlike private defenders, they have the time, ability, and motivation to meticulously investigate all risks and angles associated with your case, effectively increasing your chances of securing a positive case outcome.

There are many benefits to retaining private counsel, including:

• A private attorney has a limited caseload, allowing them to spend more time on your case
• A private attorney’s priority is to build a strong and aggressive case strategy
• A private attorney and their staff are available whenever you need them
• A private attorney has the resources to thoroughly investigate your case
• A private attorney has experience representing complex criminal defense cases
• A private attorney is knowledgeable about legal loopholes that can work in your favor
• A private attorney likely knows the prosecutors and judges involved in your case
• A private attorney can help you secure a case dismissal, acquittal, or charge reduction
• A private attorney can provide emotional and moral support

Of course, it’s important to do your research before hiring a legal representative. When your freedom and future are in jeopardy, turn to a criminal defense lawyer with a proven record of success and the skills to achieve your legal objectives.

Schedule a Consultation Today

If you’re facing criminal charges, contact The Law Offices of Daniel J. Miller. Our legal team has over 25 years of experience and is available to you 24/7. We can investigate your case, root out instances of police misconduct, track down key witnesses, compile vital evidence, and aggressively advocate for your best interests in court.

Don’t gamble with your future. Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

While a high-speed pursuit makes for exciting television entertainment, real police chases can be incredible dangerous for both officers and bystanders alike. In fact, approximately 300 people die in police chases every year.

To mitigate this statistic, the Virginia Department of Criminal Justice Services and the International Association of Chiefs of Police (IACP) have established specific rules and protocols for handling pursuits and emergency responses.

• Related Reading: Vehicular Manslaughter

Rules Involved in Police Chases

Officers consider weather conditions, general pedestrian activity, and potential traffic hazards before initiating a chase. Advancements in GPS technology contribute to the updated regulations surrounding police pursuits. Law enforcement officers can choose to fall back if a suspect has already been identified and can be arrested at a safer location.

But what happens if a third-party civilian gets involved in the chase?

In 2015, a good Samaritan in Utah, Rachell Fernandez, famously interjected herself into a live high-speed police chase. She attempted to complete a PIT-maneuver to stop the suspect’s vehicle and end the pursuit. Unfortunately, her actions propelled the suspect’s car into oncoming traffic, putting countless people in danger.

When the smoke cleared, the police didn’t just arrest the suspect, they also handcuffed Fernandez and charged her with interfering with an arresting officer and failing to stop for an emergency vehicle – both misdemeanor offenses.

Later, a police spokesperson commented on the arrest, clarifying that they “discourage our citizens from taking action that places themselves or others at risk of serious injury or death.”

Another incident happened in California on March 4, 2019. A suspect in a stolen vehicle tried to elude officers by driving around the San Fernando Valley for two hours. During the chase, the pursuit vehicle crashed into two other vehicles, effectively adding “hit-and-run” to his list of charges.

At one point, a man in a black pickup truck completed a U-Turn and started following the other vehicle. The truck driver ran stop signs, ignored traffic laws, and even drove on the wrong side of the street just to keep up with the suspect. The suspect finally surrendered to the police after the truck driver blocked his vehicle.

The truck driver left the scene soon after, but police quickly tracked him down and arrested him for interfering with the pursuit, disregarding traffic laws, and putting countless lives in danger.

Pull Over When You Hear Sirens

The only way civilians can help officers during a police chase is to move their vehicles away from the line of fire.

Even if pulling over isn’t an option, you don’t want to directly insert yourself into the heart of a high-speed pursuit. Not only can you be charged with misdemeanor offenses for interfering in the chase, you can also face additional legal consequences if an innocent bystander is injured or killed because of your actions.

Do You Require Legal Representation? Call Today!

If you’re facing criminal charges, contact a defense attorney at The Law Offices of Daniel J. Miller. Our legal team has over 25 years of experience and is available to you 24/7. We can investigate your case, compile vital evidence, and aggressively advocate for your best interests in court.

Don’t gamble with your future. Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

If you’ve been injured by the actions of a negligent person, business, or government entity, you may have grounds to file a personal injury claim. If your lawsuit is successful, you may be entitled to compensatory damages that facilitate your recovery process and mitigate your injury-related debts.

There are two types of compensatory damages: economic and non-economic. At The Law Offices of Daniel J. Miller, our attorney can investigate your case, develop a litigation strategy that aims to maximize your claims, and even negotiate with insurance companies on your behalf to make sure you receive a beneficial settlement. If necessary, we can also take your case to court and aggressively fight for a verdict that awards both economic and non-economic damages.

Understanding Economic & Non-Economic Damages

Economic damages refer to verifiable monetary losses that can be calculated by evaluating medical bills, receipts, lost wages, and other injury-related financial records.  For example, an attorney can look at a plaintiff’s past W-2s and income statements to calculate their overall loss of earning potential.

Economic damages can include:

• Existing and projected medical expenses
• Physical rehabilitation and psychological therapy costs
• Lost Wages
• Loss of earning potential
• Property damage

Non-economic damages are intangible losses that are far more difficult to quantify. To secure damages, your attorney needs to prove to the court that your injuries have impacted your physical, emotional, and mental well-being. The court also needs to consider the circumstances that led to your injury, the degree of negligence involved, and if your injury prevents you from holding gainful employment.

Non-economic damages can include:

• Pain and suffering
• Emotional and mental distress
• Loss of enjoyment in life
• Loss of society
• Physical impairment or disability
• Lost opportunity

Unlike other states, Virginia doesn’t cap economic or non-economic damages in personal injury lawsuits. However, there is one exception: claims involving medical malpractice are capped at $2 million in Virginia.

The Statute of Limitations

According to Va. Code § 8.01-243(A), a plaintiff has 2 years from the date of the accident to file a personal injury claim against the negligent party. If the plaintiff exceeds this deadline, the court may refuse to hear their case, or the defendant will request a case dismissal per the statute of limitations. In either scenario, the plaintiff loses their opportunity to secure compensatory damages. Of course, there are nuances and exceptions to this policy, so it’s crucial that you discuss your case with a lawyer before taking legal action.

Schedule a Consultation to Explore Your Legal Options

If you’re ready to file a personal injury claim, contact The Law Offices of Daniel J, Miller today. Our lawyer can review the details of your case and negotiate for compensatory damages that reflect your financial and legal objectives. You can rely on our legal team to manage the legal aspects of your case so that you can devote your time and attention to recovering in peace.  

We’re available 24/7. Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.