Helfrich Hotz Brandt, LLCUnion Personal Injury Lawyer | Washington MO Criminal Defense Attorney2024-02-23T04:42:59Zhttps://www.hotzbrandtlaw.com/feed/atom/WordPressOn Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=483432024-01-10T22:00:50Z2024-01-10T22:00:50ZA shield against self-incrimination
When facing criminal charges, the right to remain silent shields you from self-incrimination. This means that you have the option to withhold information that the prosecution could use against you in court. Anything you say or do can be evidence, making the choice to remain silent a strategic move to protect yourself.
Preventing miscommunication and misinterpretation
The stress of being in a legal situation can lead to miscommunication or misunderstandings. Choosing to remain silent eliminates the risk of saying something easily misinterpreted or taken out of context. It is a simple yet effective way to avoid unintentionally providing evidence to use against you.
Leveling the playing field
In the criminal justice system, law enforcement and prosecutors possess considerable resources and experience. However, your right to remain silent is a tool that levels the playing field. It allows you to carefully consider your responses, ensuring that you do not inadvertently contribute to a case against you.
In 2022, the Washington Police Department made 77 drug-related arrests. Although a daunting experience, every case is different. Remembering your right to remain silent is a strategic and powerful tool.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=483402023-10-25T20:42:46Z2023-10-25T20:42:46ZYour injuries may be more severe than you realize.
It can be tempting to believe that a quick assessment of your health is enough to determine whether your injuries are serious. However, many injuries have symptoms that may not appear for hours, days or weeks after a crash.
For example, car accidents are a common cause of traumatic brain injuries (TBI). These serious injuries involve symptoms like mood changes, dizziness and changes in sleep habits that might not become apparent for some time after a crash. Early attention can help doctors identify these issues immediately, begin treatment and take steps to prevent them from becoming worse.
Immediate medical attention can support your injury claim.
Not only can seeing a doctor after a crash protect your health, but it can also preserve your legal options. A doctor can thoroughly document your injuries, which can ensure that all of your injuries and their severity are accounted for in your claim. That record can also clearly link your injuries to the crash.
Seeking help from a healthcare provider is only one step to take after a motor vehicle accident. By taking the right precautions and working to understand your legal options, you can protect your rights as you recover.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=483392023-10-24T21:41:48Z2023-10-24T21:41:48ZWhat are the penalties for a first-time DWI?
Even if you have no prior convictions on your record, a DWI charge could impact your life in many ways. Some consequences for a drunk driving conviction include a 90-day license suspension, fines of up to $500 and up to 6 months in jail.
Could you face more severe consequences for a conviction?
Details matter in a DWI case. Depending on your history and the circumstances surrounding your DWI charge, you may face more serious charges and more severe consequences.
For example, prior convictions for drunk driving can lead to increased penalties. For example, a second conviction becomes a class A misdemeanor with a minimum of 10 days in jail and up to $1000 in fines. Penalties could increase even more with multiple convictions on your record.
The amount of alcohol in your system can also influence the penalties for drunk driving, even if you do not have prior convictions on your record. While drivers will face a DWI with a blood alcohol concentration (BAC) of 0.08%, drivers with a BAC between 0.15% and 0.20% must spend at least 48 hours in jail for a first conviction. Drivers with a BAC of 0.20% or more must spend at least 5 days in jail for a first conviction.
Finally, the circumstances of your arrest also matter. For example, a DWI charge becomes a higher-level misdemeanor if someone under 17 was in the vehicle at the time. Drunk driving charges could be felony-level offenses if the driver’s actions injured another person.
Because even a first-time DWI charge could significantly impact a person’s life, it is vital to seek experienced guidance. Building a solid defense could be essential to protecting yourself from a drunk driving charge and the penalties resulting from these charges.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=482442023-06-26T07:23:41Z2023-04-18T17:23:36ZTalk outside
Without a warrant, you do not have to allow the police into your home. It is better for your privacy if you go outside to talk with the officer instead. Inviting the police into your home provides them with an opportunity to scan anything that is out in the open, which could create probable cause for a search. Step out your door and close it behind you to reduce this risk.
Remember your rights
One common mistake people make is answering questions in what seems like a casual conversation with the police. Remember your right to remain silent and your right to legal representation. Avoid answering any questions without guidance to protect yourself.
Be cordial and respectful
In any interaction with law enforcement, remember that they are in a position of authority and any aggressive response from you may seem combative. Avoid this risk by remaining cordial and respectful in your communication. Keep in mind that this does not mean tolerating abuse from an officer. If an officer oversteps their boundaries with you, ask for their badge number and name to file a complaint.
Receiving a visit from the police does not guarantee that you will face charges. Be mindful of your interactions, protect your rights and preserve your privacy when you answer the door.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=482432023-06-26T07:24:06Z2023-01-16T22:07:46Ztips can help co-parents determine their child custody arrangements and parenting plans productively.
1. Consider the best interests of the child.
The most critical factor in determining child custody arrangements and parenting plans is the child's best interests. This includes physical, emotional and educational needs and any special considerations, such as the child’s age, health and relationship with each parent.
2. Communicate with the other parent.
Effective communication with the other parent is key to developing a successful custody and parenting plan. It is important to stay open and honest about your needs and concerns and to listen to the other parent’s perspective. It may be helpful to use a mediator or a third party to facilitate communication and the negotiation process.
3. Create a detailed parenting plan.
A detailed parenting plan should outline how the parents will share responsibility for the child’s physical, emotional and educational needs. This can include where the child will live, how much time they will spend with each parent and how to make decisions regarding their upbringing. Be as specific as possible to avoid misunderstandings in the future.
4. Remain flexible and open to change.
Parenting plans and custody arrangements are not set in stone. With the approval of the court, co-parents may modify them as needed. Stay willing to work with the other co-parent to make adjustments as the child’s needs and circumstances change.
By following these tips and seeking outside advice if necessary, parents can develop a plan that works for their family and helps ensure the well-being and happiness of their child.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=482412023-06-26T07:24:36Z2022-10-18T18:23:33ZAccording to the CDC, over 130,000 people sustain injuries in bicycle crashes yearly in the United States. To help you avoid joining this statistic, here are five bicycle safety tips to follow.
1. Wear your helmet
Wearing a helmet can drastically reduce the likelihood of a fatal bicycle crash. Ensure that you wear a properly fitting helmet when you ride.
2. Dress in highly-visible attire
Wear bright clothing while riding, especially at night, to help drivers, pedestrians and other riders see you. You may even opt for neon colors or reflective wear to improve your visibility.
3. Obey the rules of the road
While riding your bicycle, you should obey the rules of the road as if you are driving a car. Follow right-of-way rules and use proper hand signals to notify others of your intentions.
4. Watch out for drivers, riders and pedestrians
Even if you are the safest bicyclist that has ever graced Missouri's roadways, there is no substitute for vigilance. Keeping your eyes open for potentially negligent actions of others may help protect you from harm.
5. Stay focused
Just as you would avoid distractions while driving a car, you should also minimize your distractions while riding your bike. To help you stay focused, avoid using your phone or searching for items in your backpack while you are mobile.
Riding a bicycle has potential dangers, but proactive steps like those outlined above can help protect you on your next ride.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=482392023-06-26T07:25:07Z2022-09-13T03:19:45ZTrouble with mirrors
According to the United States Department of Transportation, a failure to adjust and routinely check mirrors can lead to a trucker swerving into another vehicle's space. There are many unsafe blind spots around a truck, which means that drivers must take care not to neglect to check their mirrors on the front, back and all sides.
Failure to anticipate bad weather
Due to the traction larger wheels have, the drivers of trucks can often underestimate how hard it is for motorcycles to stop quickly. When a truck pulls out suddenly and without warning, a motorcyclist may try to brake but fail to stop in time to avoid a collision.
Taking into account varying weather conditions, such as sleet or rain, can impact how truckers act around motorcycles.
Distractions inside and out
Glancing away from oncoming traffic while operating a truck, even if it is only for a few seconds, is one way to miss necessary signals. Since motorcycles take up less space on the road and are slower than trucks, people sitting higher up in truck seats can ram into them if they look down at their phones or stare out the window.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=481522023-06-26T07:25:41Z2022-04-19T18:59:21ZAnother Driver's Negligence
Every driver is responsible for protecting other drivers by following the road rules. However, negligent actions in some situations may not be remiss in others. For example, a jury may consider it reasonable for a driver to swerve to avoid hitting a child who runs into the street even if swerving causes a collision with another car. However, a driver that collides with another vehicle when failing to check for oncoming traffic may be negligent.
Another Driver's Illegal Actions
Drivers who violate traffic laws and cause severe injuries are liable for their actions. Although criminal charges can address illegal driving practices such as speeding, driving under the influence or tailgating, you can still file a civil lawsuit to obtain further damages. In addition, drivers who break the law and severely injure others may also be liable to pay punitive damages that serve as a deterrent to others.
An Automobile's Manufacturing Defects
When your injury is due to an automobile's defective parts, you may have a strict liability case against the vehicle's manufacturer or its parts suppliers. Plaintiffs do not need to prove that a product's defect is intentional or from a manufacturer's negligence to obtain damages.
An auto injury that prevents you from working can lead to mounting debt that an insurance settlement does not cover. Fortunately, you have additional options to ensure you receive the compensation you deserve for your physical and emotional trauma.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=480432023-06-26T07:26:07Z2022-01-19T13:21:49Zrecover damages, you will need to show that the landowner or tenant is at fault.
You generally need to show that the property owner either caused the condition leading to the accident, knew about and failed to repair the situation or should have known about the problem.
Residential property
If you are the invitee of a residential property owner, you will need to show that your accident resulted from a dangerous condition. Further, you will need to document that it was foreseeable that harm could occur from the problem. A tenant can seek damages against a landlord if the lessor controls the condition and could fix the problem without significant expense. In addition, the tenant has to show that the landlord could foresee the possible harm and the failure to remedy the condition was a proximate cause of the accident.
Commercial property
If you sustain an injury after falling on the premises of a business, you can seek damages against multiple parties, including the business owner, landlord and employees involved. You will need to show that the parties you are trying to hold responsible caused the condition, that the person or entity knew or should have known of the danger and that they did not fix the hazard.
To seek compensation for your injuries, you will need to act quickly to compile the necessary information to pursue your claim.]]>On Behalf of Hotz & Brandt, LLChttps://www.hotzbrandtlaw.com/?p=480402023-06-26T07:28:15Z2021-10-17T21:04:09Zprioritize its interests above yours.
Insurance adjusters often ask injured individuals to complete blanket medical authorizations. While this request may seem like a standard one, agreeing to it may make matters worse for you. Here are three risks that often come with signing a BMA.
1. The risk of losing your medical privacy
Like your social security number and bank account information, you probably want to keep your medical information as private as possible.. Regrettably, if you sign a BMA, you effectively lose your medical privacy. That is, you give the insurance company the legal right to look at your medical records.
2. The risk of disclosing too much
A BMA covers your entire medical history. After you sign one, an insurer may look through every medical record you have ever had. The company's review may include both records that directly relate to the crash and ones that have nothing to do with it. If you have discreet details in your medical records, this may make you exceedingly uncomfortable.
3. The risk of receiving a claim denial
When reviewing your complete medical files, an insurer may find something to use to the company's advantage. For example, the adjuster may blame the crash on your medications, pre-existing conditions or mental or physical health. If so, you may receive a low settlement offer or an outright denial of your claim.
You typically have no obligation to talk to insurance companies or sign their forms. Ultimately, if an adjuster requests a BMA, it is advisable to seek a legal opinion before doing anything else.]]>