What Is The Procedure For Being Placed Under Arrest?

When a person is arrested, they are taken into custody by law enforcement authorities. There are warrantless arrests, like when a police officer is an eyewitness to a crime, and there are arrests pursuant to warrants issued by judges. Arrests are also made when a police officer has probable cause to believe that a person committed a crime. An arrest cannot be made on a mere hunch though.

There might be times when a person is held in detention for questioning without being charged with a criminal offense. Under those circumstances, they must be charged within 72 hours, not counting weekends or holidays. If not charged within that time span, they must be released. Whether the arrest is with or without a warrant or the person is merely being held for questioning, authorities are required to provide that individual immediately with a statement of their Miranda rights.

During the booking process, personal property is taken, inventoried and retained in a safe place. An inventory receipt is provided. Primary non-incriminatory information such as name, address and birth date is obtained, and photographs along with fingerprints are taken. Depending on the nature of the offense, the arrestee might be released on their recognizance after being booked. They are ordered to appear in court on a particular date, time, and location. If it’s determined that they should be held after booking, the person in custody has the right to make at least one phone call to a friend or family member to arrange for an attorney and/or bail. Bail is a specified sum of money or a cash equivalent in property that is paid to the court as security to assure that the person charged with a crime attends all court proceedings. Should the person not appear in court, any bail posted can be retained by the court with an arrest warrant issuing.

After booking, the case is referred to the prosecutor’s office for a decision on what formal charges will be made. The law does not bind the prosecutor to the initial charge. Charges can be upgraded within a reasonable time or dismissed at any time.

Complex legal issues can arise from the arrest and custodial stages. Upon arrest or being taken into custody, an experienced criminal defense attorney in Seattle should be retained immediately. Call Dellino Law Group right away if you or somebody close to you has been arrested or taken into custody in Seattle.

As A Business Owner, How Can I Protect Myself From Employee Lawsuits?

As a business, dangers and liabilities are everywhere in your workplace. These include employee discrimination issues, sexual harassment claims, disgruntled employees, breaches of contracts and many more. You need to take a step to limit liability and shield your business from the effects of lawsuits brought against you by such employees. So, what can you do to this effect?

Have a clear written policy in your company’s employee handbook. Do not leave out any vital information including the pay rate, job status, performance appraisals and job change. Incorporate any changes that you make to the handbook when they happen.

Incorporating your business creates a legal separation between you and the entity. This means your personal assets will not be attached when you face a lawsuit and creditors come calling. Doing business as a sole proprietor puts you at risk of facing lawsuits from employees with the danger of losing your personal property as well. Your home, savings, and cars stand to be attached.

You need to understand the rules governing your engagement with your employees at all times. One of the laws regards employee documents. Know the documents required by employees and how long you should retain them. Vital documents include employee health records, benefits data and affirmative action documents.

You need to have all the required documents and maintain them in a file throughout the employee lifecycle. Visit the Department of Labour in the state and at the national level to understand the types of documents you need to retain and for how long you should retain them.

To ensure the privacy and security of information, make sure you house employee personnel files in a locked file cabinet with access restriction. One of the complications that arise during lawsuits is misplaced or lost files. Make sure you have the files intact, even those for employees whose contracts have expired. Make sure your human resource manager tracks the release of information in a separate log fixed into the file of the employee requesting the information.

A business attorney understands what you need to protect your business against liability. The attorney will advise you on areas that you need to safeguard and how to do it. If you or your business are facing a lawsuit, contact Gehres Law Group in San Diego today.

Nun Killed In Deadly Richmond Accident

Sisters Charlette Lange, Denise Mosier, and Connie Lupton were heading back to Richmond after attending an annual retreat in Bristow when their car was hit by a drunk driver.  The accident took place around 8:00 a.m. Sunday morning when a Subaru swerved into a guardrail then veered into the oncoming lane and collided with the Toyota.

One Sister was killed instantly as the other two were critically injured.  The 71-year-old Sister Lange had to undergo months of medical therapy in the hospital as a result of her brain injury.  Her memory and hearing have significantly diminished, and her curly hair has now turned straight.  Sister Lange sustained serious injuries in the wreck.  Her thumb is now severed, and her vertebrae are now held in place with pins that resembled a railroad track.  Both surviving Sisters have forgiven the man responsible and felt that he shouldn’t have been punished as severely as he was by the court.

The man responsible was identified as 24-year-old Carlos A. Martinelly Montano.  A judge sentenced to 20 years in prison after being convicted of felony murder and other offenses.  Carlos was initially from Bolivia, who had two prior DUI convictions, had a deportation hearing before the crash occurred.

It is tragic the Sisters had to experience such an horrific event where their fellow sister’s life had been lost.  It is important to be aware of other drivers and always report suspicious driving to the police.  If you or a loved one have been affected by a DUI accident in any way, contact our dedicated Richmond DUI attorney right away.  An attorney can protect the rights of family members or yourself.

Seattle Man Arrested After Crashing Into Four Pedestrians, Killing Two.

Seattle paramedics responded to a devastating accident that took place Monday afternoon near Eckstein Middle School.  The driver of a black Chevrolet pickup was arrested after colliding into a group of four, killing Judy and Dennis Schulte and critically injuring 33-year-old mother and her 10-day-old baby.  Police identified the driver as 50-year-old Mark W. Mullan, he was booked into King County Jail pending investigation of vehicular homicide.According to Mullan’s record, this was not his first time being arrested.  Records reveal that he was arrested for DUI in Seattle Dec. 26th and a few weeks later on Jan. 14th.  Not only was he arrested for DUI in December, but he was charged with hit-and-run and property damage as well.  Mullan was driving with a suspended licence when the accident occurred.  Mark Mullan has a record of traffic violations and traffic-related arrests dating back to 1991.

According to Mullan’s record, this was not his first time being arrested.  Records reveal that he was arrested for DUI in Seattle Dec. 26th and a few weeks later on Jan. 14th.  Not only was he arrested for DUI in December, but he was charged with hit-and-run and property damage as well.  Mullan was driving with a suspended licence when the accident occurred.  Mark Mullan has a record of traffic violations and traffic-related arrests dating back to 1991.

The 33-year-old and her 10-day-old infant were taken to Harborview Medical Center after sustained critical injuries.  Seattle Fire Departement successfully performed CPR on the child upon arriving on the scene after discovering that the infant has stopped breathing.  The mother had sustained a critical head injury, paramedics stated that both mother and child were clinging onto life.

Deputy Chief Nick Metz reported that the mayor and department have been increasing safety on the street that the accident occurred. Many residents reported that cars speed excessively down the street, traveling at speeds of 60 mph when the limit is 35 mph.  Car accidents destroy and devasted families, physically, financially, and emotionally.  It is an event that no individual can be prepared for, but there are ways to assure that you and your family are protected.  If you or a family member has been affected by a DUI accident in Seattle, it is vital that you contact our Dellino Law Firm.  Our attorneys go above and beyond to ensure that you and your family is rightfully protected, no matter what the circumstance you are in.

University Of Washington’s Star Tight End Speaks To Students About Drinking And Driving

Washington Huskies tight end Austin Seferian-Jenkins was arrested for DUI March 9th after crashing his car into a ditch.  Seferian-Jenkins sustained a concussion after hitting his head so hard against the windshield it cracked.  Despite all the issues Seferian-Jenkins now faced, he decided to speak to 600 students at Ballard High School about his mistake and how he almost lost everything.

Seferian-Jenkins went on to talk about how all his poor decision-making started taking a toll on his career.  “I felt like I could be invincible, and I was not,” he said. “I got caught up, and I started making poor decisions. Not just one time, but on the daily.”

After pleading guilty to his DUI charge, he was required to five year’s probation and one night in the Issaquah Municipal Jail after receiving a $700 fine.  The University of Washington suspended the star tight end once they were informed of Seferian-Jenkins DUI arrest.  However, he was able to rejoin his team on the 15th of August.

Seferian-Jenkins helped the Huskies earn a record of 8 wins and four losses in the 2014 season.  He is still the record holder for total 143 game receptions, 1801 receiving yards, and 20 touchdown catches for a tight end.  His attorney and arresting officer also spoke to the students that day, expressing how destructive and dangerous drunk driving can be.  A DUI arrest is nothing to take lightly.  If you have been arrested for DUI in the Seattle area, contact Dellino Law Group right away.

Car Crashes Into Big Rig And Catches Fire In Riverside

Police officers responded to a accident early Saturday morning involving a vehicle that had crashed into a big rig in Jurupa.  The accident took place at the intersection of Limonite Avenue and northbound 15 Freeway around 3:00 a.m.  Apparently the driver of a sedan was traveling westbound on Limonite when it collided with the tractor-trailer which was turning onto the freeway.

As California Department of Fire arrived on the scene, the sedan exploded into flames as they removed the driver from the wreckage.  The 21-year-old driver of Pomona was pronounced dead on the scene, police stated that the impact of the accident killed him immediately.

Riverside Sheriffs Departments stated that the 36-year-old truck driver of Adelanto was uninjured and released at the scene of the accident.  Witnesses reported to authorities that the truck driver had a green-light when the car slammed underneath the truck.

Authorities closed off the intersection for 8 hours while an investigation was conducted in hope to find more information about the accident.

It’s a tragedy when a life is lost in a car accident such as this one.  Not only are the individuals involved affected, but their family and friends as well.  Contact a car accident attorney in Riverside right away if you are ever injured in a car accident.

ERISA Law Punishing Car Accident Victims

One of the worst things that can happen to you is to be injured through no choice or fault of your own. If you think nothing could be worse than being smashed up by some drunken driver you are wrong.

There is something worse and it comes from a series of United States Supreme Court decisions concerning a law originally enacted to protect workers. In a perverse twist the court has turned the law into a hammer used to smash those who are injured when others break the rules we all live by.

Imagine you are hit by a drunk driver. The driver is on mandatory insurance for earlier troubles. The limit of the insurance is $25,000, the minimum. Let’s assume though that you are responsible and prudent. You have health insurance through your employment and you purchased $100,000 of under insured motorist (UIM) coverage for just this kind of disaster. The drunk runs a stop sign and smashes into your car breaking your leg and shoulder. You won’t be working for at least 6 months, if ever again. Your medical bills are mounting.

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A Man in Virginia is Charged With Criminal Negligent Vehicular Manslaughter

On January 17th, 2012 in Fredrick County, Virginia.  A 56 year old man from Richmond driving a 13 ton heavy hauler going northbound on Green Valley Road, was going around a sharp corner and while adjusting to the curve his trailer ended up losing traction.  The trailer, which had been reported as empty; swung wide into the opposing lane, striking and crushing a southbound traveling 46 year old man from Libertytown in a small passenger truck.  This was reported by the Maryland State Police Sergeant who had been on duty at the time of the accident.  The man who was crushed was later pronounce dead at the scene of the crash and the driver responsible for the accident was charged with traffic violations that would include criminally negligent vehicular manslaughter.

More than a year later a lengthy 3 day trial resulted in a guilty verdict for the accused man and he will now have to wait to be sentenced at a later time.  The family who had their loved one taken from them shared tearful hugs with each other that day outside the courtroom.   Through out a difficult year and a half families from both sides of the court room, including many more in the community of Fredrick County; have all learned and been influenced by this trial.  It has been the first of it”s kind since the Criminally Negligent Vehicular Manslaughter Statute was enacted in 2011.  This statute states that in such cases, the prosecution must show that a defendant should have been aware that their conduct created a “substantial and unjustifiable risk” to human life and that failure to perceive the risk was a “gross deviation.”

Although the verdict had been read out as guilty; the accused man and his criminal defense attorney respected the jurors and the integrity of the process, but left disappointed by the outcome.  The criminal defense attorney and the man accused both felt that the jurors had done their part in listening to both what the prosecution and defense had to argue in the case.  Judgement had been made for one man and a life taken from another.

If you or anyone you know needs a good criminal defense or traffic violation attorney in Virginia please contact:

DUI Arrest Can Cost You Your Job

Recently 2 Denver Bronco’s executives were arrested for DUI in separate instances and it has cost them.  One was sidelined indefinitely, without pay.  The other was sidelined for a month, so before you go out and celebrate your birthday, or something else, make sure you have a way to get home.

Unfortunately, every day numerous people are pulled over and arrested for driving under the influence of alcohol.  If people would just take a few minutes to consider the consequences of drinking and driving they save their jobs, and in some cases their lives or someone else’s life.  I simple call to a local taxi or having a designated driver with you could make a big difference in the course you life takes.

Each state has DUI laws that specifically outline the various circumstances where someone can be charged with a DUI, as well as the procedures law enforcement personnel must follow when making a DUI arrest.  If you are charged with a DUI, it is advisable to contact a local DUI lawyer who specializes in representing clients charged with DUI.

Here are few legal resources if you have been arrested for DUI:

If your DUI arrest coincided with an accident you may want to check out these resources as well:

Good Site for Legal Resources

With so many legal resources on the web it can some times be difficult to find quality information.  If you are looking for legal resources or an attorney to help you with a legal matter you can use the below links: