What Happens If I Am Arrested For A DUI While On Probation?
DUI. It stands for driving under the influence and it is a major issue in American society.
About 1.5 million Americans are arrested for driving under the influence every year. Some of these people turn into repeat offenders and face even steeper penalties for it.
One thing that could make getting a DUI worse for somebody is if they were already on probation. This means they were convicted of this crime in the past or something similar to it.
If that is the case with you, you could be looking at additional penalties. Or even enforcement of older penalties that were held off.
So, what type of trouble are you in if you violate probation? What constitutes violating probation?
This is your guide.
What Is Probation?
Before we go into what happens when you violate probation, you need to understand what probation is.
To put it simply, probation is the list of terms that a judge has for you when you are convicted of a previous crime to avoid further consequences and penalties for that crime.
This is typically a condition when you are convicted of a DUI. In most cases, it can help prevent you from serving any jail time for that DUI.
General conditions of probation can include not getting arrested for suspicion of DUI again during the probation, checking in with your probation officer once a month, random alcohol testing in more serious cases, going to an alcohol treatment program, and more.
The agreement generally is to follow all of the terms of the probation and then your old conviction can be put to rest.
DUI Penalties
Next, you should be aware of what the general DUI penalties are in Florida. This usually depends on the nature of the offense and how many times you have been convicted of a DUI before.
Generally, if there was a minor in the car or your blood alcohol level (BAC) was .15 or more, there will be additional penalties. For context, the legal BAC limit in Florida and in most states is anything below .08.
According to Florida Statutes, your first DUI offense can result in a fine ranging from $500-1,000 and a maximum jail sentence of six months. For your second DUI offense, the fine range increases to $1,000-2,000 and the maximum jail sentence increases to nine months.
A third DUI conviction is slightly more complicated. This is because Florida has different penalties depending on the timing of it. If you have a third DUI conviction within 10 years of a previous conviction, it is considered a third-degree felony.
When you commit a third-degree felony, the jail sentence for it in Florida is five years. For context, this is the same penalty as getting a fourth DUI conviction or higher in any time period.
If a third DUI conviction happens more than 10 years after the previous one, then the fine range is $2,000-5,000 and up to a year in jail.
There is also a mandatory ignition interlock device placement at your expense for repeat offenders. For your second DUI, this stays on your vehicle for at least one year. For a third DUI conviction, it stays on your vehicle for two years.
DUI on Probation
So, now that you know about the typical DUI penalties and the typical terms of probation, we can talk about what happens if those two worlds collide.
Well, the first thing that you usually have to do if you get arrested for a DUI on probation is to let your parole officer know about it. Generally, this is a condition of your probation. But, if they find out about it before you tell them, there can be additional consequences.
After that, you are likely going to have to appear in court. You will have to do so not only for your DUI offense but also for violating your probation.
The consequences of your probation depend on who your judge is, how serious your offense was, and even if you are a repeat offender. If you show remorse and your past crime was less severe, there is a chance that you could be let off with a warning for your probation offense.
However, if a judge finds your violation to be more serious, you risk having to serve the jail time that you initially avoided because of your probation.
For example, let’s say that you were on probation for a previous DUI. That one was your first DUI and it had a maximum jail sentence of six months.
Then, you get arrested for an additional DUI while you were serving that probation.
In this situation, there is a chance that a judge does not look kindly at you. A judge can make you serve those six months in jail that you did not have to do before. On top of that, you could serve an additional nine months in jail for committing a second DUI.
Be aware of the risk of initial penalty enforcement for probation violations.
Hire a Criminal Defense Lawyer
When it comes to having a violation while on probation, you are likely looking at more serious consequences from a courtroom. For this reason, you need to seek legal representation. So that you can defend yourself and get your potential penalties down to a minimum.
Having a criminal defense lawyer can help you with legal strategy and negotiation. And possibly save you from even more severe penalties.
Are you ready to get started? Get a free case review and a free video consultation with RHINO Lawyers today.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Read More
Can Insurance Companies Use Private Investigators to Deny Claims?
Even though car insurance companies exist to cover the cost of vehicle repairs and any injuries, that coverage also comes with certain requirements. When a drunk driver hits you, you need to document the accident and report it through the proper channels. If you’re lucky, the other driver will admit fault and file a claim.
However, their insurance company may look for any reason to reject a claim and avoid paying out. One way they do this is by hiring private investigators to look into the other party and their situation.
How legal is it for an insurance company to use a private investigator? And what would that investigator look for?
Can an Insurance Company Use a Private Investigator?
Car insurance companies will often use various strategies in order to avoid paying certain claims, especially when they’re higher in value. One of the ways they go about finding a reason to deny a claim is by hiring private investigators.
Technically speaking, there’s nothing illegal about hiring a private investigator. Any person can go to an associated agency and hire one for any of their purposes, such as looking into a distrustful spouse or finding dirt on a business partner. The same rules apply to an insurance company.
Insurers will claim that their use of an investigator is solely to prevent fraud. In reality, they’re also looking for something to weaken or challenge a victim’s case.
On the one hand, hiring an investigator feels like they’re overstepping some kind of professional boundary. However, investigators are limited in what they can legally do.
What Private Investigators Look For
A private investigator isn’t going to necessarily analyze every single aspect of your life. After all, there are some boundaries they cannot cross without breaking the law. In the case of a vehicle insurance claim, they want to find anything that could put you at fault or invalidate your claim.
Some of the red flags they want to find include a history of filing claims, no police report, and delayed reporting.
A history of filing claims shows that you may know how to take advantage of the system in your favor. No police report may prove that there was no accident or that it wasn’t serious enough to warrant any kind of police involvement. The same goes for delayed reporting.
In addition, a private investigator will look for anything that discredits you as a person. That may be a history of alcoholism, mental illness, or anything else that paints you in a negative image. They’ll of course, also see if your vehicle’s damage matches the claim.
What a Private Investigator Can and Can’t Do
Movies and television shows often mislead people into thinking that private investigators operate under different rules than everyone else. It’s not uncommon to see them breaking into apartments or hacking into someone’s electronic devices. However, all of that is an illegal activity and fictional behavior.
Private investigators are bound to the same exact laws as any other ordinary citizen. They are not officers of the law, nor are they given any kind of special privileges in their line of work.
A private investigator cannot make arrests. They are not allowed to spy on people in the privacy of their homes or trespass on their property. At no point can they hack into a private account or illegally gain access to someone else’s devices or information.
What an investigator can do is watch people in public and take photos of them as part of their investigation. Depending on the state, they can record audio conversations with or without the other party’s consent.
While they can’t hack into your private accounts, they are free to monitor and watch your public online activity, such as your social media accounts.
How to Protect Your Claim
There are some ways to protect your claim before and after it’s filed. Even wearing a seatbelt can make a huge difference, as it may show negligence on your part.
One way to protect yourself is by using a dashboard camera. At the very least, it can show that you’re not at fault in an accident, even if it doesn’t prove the other person is completely responsible.
To protect yourself after an accident, make sure to follow all the proper procedures. File a police report, follow your doctor’s orders, and be cautious on social media.
A police report shows accountability. If your doctor orders you to limit physical activity, going against those orders can make it seem like you weren’t as injured as you initially claimed.
You also don’t want to post anything on social media that could be used against you. For example, a friend may post photos of you at a party shortly after suffering a devastating accident. This could be used against you by the insurance company.
What to Do if an Insurance Company Denied a Claim
There’s always the chance that the insurance company’s private investigators find something that they use to deny your claim. However, you still have options available if it comes to that.
First of all, try to get the basis for the claim denial in writing. If they don’t provide a letter, then ask for one. Based on their reasoning, you may be able to provide additional evidence.
Next, you can file an appeal through your car insurance company.
If all else fails, you can contact a car accident lawyer. These lawyers are experienced in this field and can help you fight this decision or otherwise get compensation from the opposing party.
Defend Against Private Investigators
You may run into all kinds of trouble when an insurance company hires private investigators. They can get access to information that may convince the company to reject a claim. Whether or not the information was acquired legally is also up for debate.
In either case, RHINO Lawyers can help you after a car accident. Our clients work directly with an attorney and only pay after we win your case. Contact us to set up a free video consultation and to tell us more about your situation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More
What Happens If I Get a DUI in Another State?
Whether you’re traveling on business or you’re enjoying a long-awaited vacation, there may be no worse time to get a DUI than when you’re out of state.
The complex legal fallout after your offense can quickly turn your trip into a nightmare, especially when it grows harder to figure out your next steps. Are you dealing with the laws in your home state or the state you were traveling in? Where do you attend your court dates, and what happens to your license when you get home?
These serious alcohol-related incidents can be hard to navigate. While it’s always best to work with a criminal lawyer for these types of offenses, it’s also a good idea to know what to expect. Read on to learn more.
Communication Between States
Before we dive into the nuances of getting a DUI in another state, it’s important to understand that all states communicate information about driving records.
Most states do this via the Driver License Compact (DLC). Through this agreement, all U.S. states except Wisconsin and Massachusetts exchange information about driving violations. Even the states that are not members of the DLC may still share information with other states or take action against you.
Many states, including Florida, also use the newer Nonresident Violator Compact (NVC) to track and process driving violations across state borders.
Under these agreements, states must recognize the validity of other states’ driver’s licenses. States must also penalize drivers for moving violations that took place in another state.
In other words, just because you’re driving under the influence in another state doesn’t mean you’ll be free from repercussions in your home state. In fact, getting a DUI in another state can often be more complicated than simply getting one in your home state. Because you’ll be dealing with legal red tape from two states instead of one, it’s best practice to consult with an experienced criminal attorney as soon as possible.
Criminal Charges
If the arresting state has charged you with a DUI offense, you can plead guilty, not guilty, or no contest. You’ll have to appear in court to make your case.
Note that when you’ve violated the traffic laws in another state, you’ll usually have to return to the state in question for court dates.
For many people, this can be time-consuming and expensive. However, if you fail to show up in court, it will be difficult or even impossible for you to beat the charges against you. A judge may even issue a warrant if you don’t appear for your court date.
Depending on the violation, state, and legal proceedings, there may be another option. An attorney can sometimes act as your surrogate in certain cases with misdemeanor DUI charges. This allows them to travel and attend your court dates on your behalf.
License Suspension
Each state has its own laws regarding DUIs, but you’ll often face a possible license suspension. This is especially likely if your blood-alcohol content (BAC) was over the state’s legal limit, or if you refused to submit to a breathalyzer test.
Once the state’s DMV receives the information about your arrest, you will receive a temporary suspension. In most areas, you’ll have a limited period of time in which you can appeal your suspension. If you don’t request a hearing, or if you request a hearing but miss it, the state will uphold your suspension.
After this happens, the state will share this information with your home state. What happens next varies according to your home state’s membership in the DLC and NVC.
Florida suspends the license of drivers with first-time DUI offenses for six months. However, if you were driving intoxicated elsewhere, Florida will always uphold a suspension period equal to that of the state where you got the DUI. In other words, if you received a DUI in a state where the penalty carries a minimum suspension of one year, Florida will extend its suspension to one year as well.
Note that there are some states in which a first DUI doesn’t result in a license suspension. If you get a DUI in one of these states, Florida won’t impose a reciprocal license suspension.
Additional Penalties
Again, the details of any penalties you may face for an out-of-state DUI will vary by state. They will also vary according to the severity of the offense, your driving record and prior offenses, and your criminal background.
In addition to a suspended license, you may face penalties like fines, jail time, or probation. You may have to complete a DUI or driving course, or the authorities may install an ignition interlock device (IID) in your car.
If you fail to follow through with these court penalties—such as missing classes for a DUI course or failing to pay fines—the state of Florida may lengthen your license suspension.
All suspensions appear in the National Driver Register (NDR). This database includes information about past driving convictions. If you seek a license in another state in the future, the state may refuse to issue one if the NDR shows a past conviction.
Last, but not least, your future car insurance will often be higher if you have a DUI charge on your record.
Get Professional Help If You Get a DUI Out of State
As you can see, the complex penalties, fines, charges, and legal red tape associated with an out-of-state DUI can be a nightmare. Dealing with the laws of two states is often confusing and difficult for drivers with no legal experience. Worse, the stakes for losing a case can feel impossibly high.
Don’t fight these charges alone! If you get a DUI out of state, you need a knowledgeable legal team with experience in DUI law on your side.
Our team of attorneys has years of experience with the legal system in Florida and beyond. Get a free instant case evaluation to learn what we can do for you.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Read More
What Should You Do if Hit While Driving Someone Else’s Car?
What should you do if you borrow someone else’s car and get into an accident? Whose insurance is responsible for damages or injuries?
Knowing the steps to take if you’re ever in this situation is essential. That’s why we’ve put together a list of what you need to do if borrowing someone else’s car turns into an accident.
You don’t want to be caught off guard in this type of situation, so make sure you read our guide on what to do if you get hit while driving someone else’s car. It could save you a lot of time and hassle down the road.
If you’re in an accident while driving someone else’s car, there are a few key things you’ll need to do to protect yourself and the vehicle owner. Here’s what to expect and what to do:
What to Do if You Wreck While Driving Someone Else’s Car
If you’ve ever been in an accident, the protocol is the same. However, driving someone else’s car does add an extra layer of complexity to the situation.
Stay Calm
You first need to pull over to a safe spot, turn off the car, and check to see if everyone is okay. Then take time to assess the damage to the vehicle.
Call the Police
Florida requires you to call the police if there are injuries or property damage. They will create a car accident report, and you will need to get a copy. Cooperate with the police investigation but don’t admit fault.
Exchange Information With the Other Driver
You should also exchange insurance information with the other driver. In most cases, the car owner will have insurance that will cover you in the event of an accident.
Take Photos of the Crash Scene and Any Damages
If you have a camera phone, take pictures of the damages to both cars and any skid marks or debris from the accident. These photos can be helpful when filing an insurance claim.
Notify the Car Owner
Now is the time to call the car’s owner and tell them what happened. They will likely need to file an insurance claim, so having all the information on hand will be helpful.
Notify Your Own Insurance Company
If you have your own insurance, you will need to notify them of the accident. They may or may not cover you, depending on your policy.
Contact an Attorney
If you were injured in the accident or think you may be at fault, it’s a good idea to get in touch with an experienced car accident lawyer. They’ll help you navigate the legal process and ensure that you get compensation.
Florida Insurance Laws
Florida has statutes that make it a no-fault insurance state. That means each driver’s insurance pays for their own damages and injuries, regardless of who is at fault for the accident. So even if the accident was your fault, the other driver’s insurance should cover their damages.
PIP Coverage
All drivers in Florida are required to have a personal injury protection (PIP) policy. This type of insurance will cover your medical bills and some of your lost wages, no matter who is at fault for the accident.
What That Means For You
So if you are in a collision while borrowing your grandma’s car, her insurance should cover you. Your PIP policy will kick in if she doesn’t have insurance. However, you may be on the hook for any damages and injuries if you don’t have a PIP policy.
Here’s Where It Gets Complicated
So as far as insurance is concerned, driving someone else’s car is pretty simple.
But what if the accident was your fault, and somebody got hurt?
Even though Florida is a no-fault insurance state, you can still get sued for damages if the other driver thinks you were at fault for the accident. And if they have injuries that exceed their PIP coverage, they may come after you for compensation.
The other party may file a personal injury suit against you for the following reasons:
- Fatality
- Loss of limbs
- Permanent scarring or disfigurement
- Permanent disability
- Significant or permanent injuries
That means that even if you weren’t driving your own car, you could still be on the hook for a lot of money if somebody gets hurt in an accident that was your fault.
So what can you do to protect yourself?
The best way to protect yourself is to have good car insurance. That way, if you do get sued, your insurance company will help you out. But once you find yourself in this situation, you’ll need a good car insurance lawyer.
How a Lawyer Will Help With a Car Accident Case
A lawyer can help you determine if you’re actually at fault for the accident. They can also deal with insurance companies to get the best settlement possible. If you do end up getting sued, a lawyer will be able to help you defend yourself in court.
Personal Injury
Suppose the accident was your fault and somebody gets hurt. In that case, a lawyer can help you navigate the personal injury claims process. And if you get sued for damages, a lawyer can help you defend yourself in court.
Insurance Negotiation
Sometimes there’s a bit of back and forth between insurance companies. If the accident wasn’t your fault, but the other driver’s insurance company is giving you a hard time, call a lawyer. They can help you negotiate with them.
Car Accident Lawyers in Florida
So if you’re driving someone else’s car, having good PIP insurance is a good idea. And if you’re in an accident, don’t hesitate to contact a lawyer. They can help you figure out what to do next and protect your rights.
Your car accident case is in good hands with RHINO Lawyers! We can help you navigate the legal process and get the compensation you deserve. If you’ve been in an accident while driving someone else’s car, contact RHINO Lawyers for help.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More
I Received a Traffic Ticket – How Can I Avoid the Points?
Here in the US, 9.18% of drivers have a speeding ticket on record. While speeding tickets are the most common moving violation, you may have received a traffic ticket for many reasons. In any case, one of your first thoughts was likely the points on your driving record.
After all, you certainly don’t want to lose your license.
The good news is that you might be able to avoid the points. The first step after getting a traffic ticket should be to learn more about your options and contact a lawyer who focuses on this area.
Here’s what you need to do to avoid points according to the Florida legal system.
Florida Laws Regarding a Traffic Ticket
When it comes to Florida traffic laws, there are two basic types of citations: moving and non-moving violations.
Non-moving violations occur when the vehicle is parked or not moving. Examples include parking violations or expired plates.
Moving violations occur when a driver doesn’t follow traffic laws while the vehicle is in motion. Speeding tickets, texting while driving, and running a red light all fall into this category.
As we mentioned earlier, speeding tickets are the most common moving violation. While many people may associate speeding tickets with driving too fast on the highway, it’s also easy to get pulled over for neglecting to slow down in school zones, construction areas, and residential neighborhoods.
Another type of moving violation is running a red light. A common practice that gets many drivers in trouble is trying to beat a yellow light rather than slowing down, resulting in running a red light.
Tailgating or following too closely to the vehicle in front of you is also a reason you may get a ticket.
Whatever the reason, Florida uses a point system to track traffic violations.
The Point System
Points get assigned when you get a ticket for a moving violation. If you accrue too many points during a set period, your driver’s license can be suspended or even revoked.
Florida law states that:
- A total of 12 points within 12 months – suspension of 30 days
- A total of 18 points within 18 months – suspension of 3 months
- A total of 24 points within 36 months – suspension of 1 year
Drivers that commit 15 violations that result in points or three major offenses within five years may have their license revoked.
The number of points assigned as a penalty can vary depending on the severity of the offense. However, these are some common examples:
- Speeding – 3 points
- Careless driving – 3 points
- Too fast for conditions – 3 points
- Failure to stop at a red signal – 3 points
- Reckless driving – 4 points
- Failure to obey traffic control signals – 4 points
There are more citations as well. You can learn about them in Florida’s Department of Highway Safety and Motor Vehicles citation manual.
A loss of driving privileges can be daunting, and you may not have a firm understanding of all Florida traffic laws. That’s why having an experienced lawyer on your side can help you achieve the best outcome and possibly avoid points.
Avoiding Points
So you’ve received a traffic ticket. You may feel it was unjustified. Perhaps you’re worried about your insurance rates going up or how you’re going to pay the fine.
A single traffic ticket can cause car insurance costs to skyrocket by as much as 82%, depending on the violation. For instance, speeding can result in an increase of 23.2% or $341. Driving violations can also affect insurance rates for years after the incident.
There’s also the cost of the ticket itself.
The average cost of a speeding ticket is $150, but the average increase in car insurance rates is $355. One mistake can cost you quite a lot.
You have a few options if you get a ticket. They include:
- Pay the ticket and accept the points
- Fight the ticket in court
- Pay the ticket but avoid points by taking a driver improvement course
Taking a Basic Driver Improvement Course
We’ve all taken driver’s ed courses, but over time, it’s easy to forget all the rules of the road. According to the law, ignorance is no excuse. That said, there are steps you can take to pledge your willingness to become a better driver and essentially drive better in the future.
Taking and completing a Basic Driver Improvement course can keep points off your record. It may also help reduce the cost of your fine and prevent a costly increase in your insurance rate.
You’ll have to pay a fee for the course, but it’s worth it to prevent those points from winding up on your record.
In Flordia, you can’t have tickets removed from a driving record, but taking the course can result in a point reduction. You can take a BDI course once every twelve months. However, you can’t do this more than five times during your lifetime.
The Florida Basic Driver Improvement Course or traffic school takes four hours to complete. It’s approved by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Drivers can even take the course online.
The goal of the course is to increase safe driving habits. Another great benefit is that Florida law prevents insurance companies from raising or canceling a policy if a driver voluntarily takes the BDI course. That alone can save drivers a ton of money.
You Have Options if You Get a Traffic Ticket
If you receive a traffic ticket for any reason, you don’t simply have to pay it and accept the points. Use these tips to avoid getting points on your driving record.
It’s always best to seek the advice of a lawyer in cases such as these. Here at RHINO Lawyers, one of our areas of practice is traffic tickets. That means you can count on us to know how to handle the Florida legal system and fight to get you the best outcome.
Simply because you’ve received a ticket doesn’t mean you’re guilty. Reach out to us for a free case review and to learn about your options.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Read More
What Happens if You Don’t Accept an Insurance Settlement Offer?
Being injured is bad enough on its own, but what’s even worse is when it’s someone else’s fault and you end up with huge medical bills and a measly settlement offer that won’t cover them.
A trip to the hospital can cost thousands of dollars. Your emergency room visit alone may run up a bill as high as $11,000—and that’s without accounting for other expenses like ambulance rides or surgery.
It’s frustrating when an insurance company offers you a settlement for your medical bills that don’t come close to paying what your treatments cost. Luckily, you don’t have to accept their offer, and you might even get them to suggest something better. Read on to learn more about your options for settling with an insurance company.
How to Reject a Settlement Offer?
You can reject a settlement offer by simply turning it down. If you’re represented by an attorney, you can advise them to decline for you.
If you’re not represented by an attorney, then there’s nothing stopping you from rejecting the offer yourself. But if this is your first time dealing with insurance companies, it’s a good idea to consult with a reliable lawyer who can help you decide whether the terms of the deal are fair.
Keep in mind that once you reject a settlement offer, it’s final. You can’t change your mind later on and decide to accept it. If the insurance company wants to make a new offer, they’ll have to do so from scratch.
How Long Do You Have Before a Settlement Offer Expires?
The insurance company will give you a deadline by which they expect you to accept or reject their settlement offer. This date is usually somewhere between 30 and 60 days after their investigation. If you haven’t decided within this time frame, the company will revoke the offer.
It’s not unusual for companies to leave off deadlines and hope for a timely response. In this instance, the company can withdraw the offer at its will.
Is There a Benefit to Rejecting a Settlement Offer?
Rejecting a settlement offer from an insurance company has some benefits. While there are no guarantees that you will get better terms than the ones they have presented you with, it’s possible that you can negotiate for more money. If the insurance company thinks your case is strong, they may give in and offer higher pay.
Can You Get a Second Settlement Offer if You Reject the First One?
You absolutely can get another personal injury settlement offer if you reject the first one, but it depends on the strength of your case.
If you’ve rejected an offer from the insurance company and they are willing to negotiate further, they will probably come back with another number that is closer to what you were hoping for. However, companies may not always be willing to change their initial offer. If this happens, you can still work toward getting as much money as possible out of them in court through litigation.
What to Do After You Reject a Settlement Offer
If you think the insurance company might change its mind and offer more than the amount they submitted before, it’s worth waiting to see if they do so. Otherwise, bring in a lawyer and go back into negotiations with them to see if they can come up with a better deal or convince them to accept one of your ideas.
If that doesn’t work out either, then it’s probably time for another legal move: suing them. Here are some things to keep in mind if you choose this route:
Document All Communication
The more documentation you have of the communication between you and the insurance company, the better. If they offer a settlement amount and then change their mind, for example, you’ll want to have records of why. This should be enough evidence to help your case or at least raise questions about how accurately they investigated your claim.
Remember to respond to the insurance company politely. This will help when it comes time for court proceedings because it shows that you were acting in good faith and genuinely trying to reach a solution.
Confirm That You Followed the Correct Reporting Procedure
Filing a claim with an insurance company is always tricky—you need to understand the exact reporting procedure or you risk a lowball settlement offer. But following the rules can do more for your claim than you think.
You can also use it as evidence that you did everything by the book. The insurance company may not offer what you deserve, but you can show that you took all possible steps to receive the right compensation for yourself and your family.
Find an Experienced Attorney
You can represent yourself in court, but personal injury cases can be difficult to navigate on your own. With the right attorney by your side, all the legal details are taken care of for you.
They’ll provide you with the best possible chance of winning your case. During your suit, they’ll make sure that all the evidence is in place, that the right people are called to testify, and that you get fair payment for your injuries.
However, not all attorneys are equal, so find a firm with several years of experience and personable lawyers who will take the time to help you through every step.
Get the Settlement You Deserve With Our Help
If the insurance company is offering you a smaller settlement offer than you deserve, don’t agree to it. A personal injury lawyer can help you get the settlement that fits your case and your injuries.
Call an attorney from RHINO Lawyers to learn more about what they can do for your case and how they will fight for your rights. Our goal is to get you fair and just compensation for what happened. We will ensure that no one takes advantage of your situation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More
What Does It Mean to Have Adjudication Withheld in Florida?
Even if you don’t have a legal background, you probably know the basics of a legal plea. If the state of Florida charges you with a crime, you can plead guilty, not guilty, or no contest.
However, did you know it’s possible to be found guilty without getting a conviction at all?
That’s right: within the state of Florida, defendants can admit to a crime without the associated penalties of a conviction. This is what we mean when we say “adjudication is withheld” in a court case.
The ability to withhold adjudication doesn’t exist in the federal court system. However, so it might not be familiar to most people. Let’s take a look at the definition of this term and what you can expect if it applies to you.
What Does It Mean to Withhold Adjudication?
First, let’s take a look at the word “adjudication” itself. This term refers to a formal judgment or ruling in court.
As we stated above, a “withhold of adjudication” is a decision the state makes when a person is found guilty at trial. At sentencing, the court will choose whether they want to enter an adjudication of guilt or to “withhold adjudication.”
In other words, the court is withholding a harsher ruling, meaning they have not convicted you of the crime. You are still considered guilty in the eyes of the law, but you will not receive the same penalties that come with a legal adjudication of guilt.
When Does the State of Florida Withhold Adjudication?
According to Florida laws—specifically Statute Section 948.01—a court can withhold adjudication if it seems unlikely that the defendant will commit another crime in the future. In cases like these, the Florida legal system allows the court to keep the defendant from suffering the minimum penalties for their crime.
The court then has leeway to decide on fairer penalties instead. For example, a court might choose to allow a defendant to pay a fine instead of getting placed on probation or going to jail.
Most often, courts will only withhold adjudication for first-time offenders. Defendants who have a criminal history are more likely to receive an adjudication of guilt instead.
Note that certain criminal offenses are ineligible for withheld adjudication. Capital, life, and first-degree felonies, for example, are ineligible even if you have a clean criminal history. The same is true of DUI charges.
What Are the Advantages of a Withheld Adjudication?
As you can likely imagine, there are many benefits to getting a withheld adjudication. In some cases, these benefits can make them an appealing solution to your criminal defense.
First, because it isn’t a conviction, you won’t have to suffer the fallout that a conviction can cause for your record.
Criminal convictions can make it more difficult to find and keep a job or to seek a professional license. Having to check “yes” on job applications that ask about past convictions can make your future interviews uncomfortable or nonexistent. Some convictions will also result in a suspended license, a loss of your right to vote, or a loss of your right to carry firearms.
As mentioned above, the penalties for a withheld adjudication are often reduced. You may have to pay a fine or meet the conditions of your probation, including things like counseling, coursework, drug testing, or community service, but you won’t have a jail sentence.
Last, a withheld adjudication means you can avoid a trial. This can save you valuable time and money, and it can also keep your offense further off public records.
What Are the Limitations of a Withheld Adjudication?
A withheld adjudication is not a perfect outcome. The court has still found you guilty, which means that you’ll still have several penalties when compared to a verdict of innocence. If you’ve received this sentence, there are a few things you’ll want to keep in mind.
Though you can petition the court to seal or expunge certain records, you can’t seal your record with all crimes. This includes things like aggravated assault, sexual assault, burglary, and domestic violence, all of which will show up if someone runs a background check on you.
Depending on your crime, the court may still require you to register as a felon or a sex offender in certain cases. This will often depend on the type and severity of your crime.
In addition, while you don’t have to respond “yes” to a criminal conviction question on a job application. You may have to respond “yes” in other situations. If a job application asks about past arrests, or whether you’ve been a defendant in a criminal case. You’ll have to answer truthfully.
Last, other states and even the U.S. federal courts consider a withhold of adjudication to be a conviction. This is worth keeping in mind if you move or travel elsewhere in the country. Because withholds will remain on your record per other U.S. laws. Being in possession of a firearm, for example, may be considered illegal in another state that views your sentencing as a conviction.
Get an Experienced Florida Lawyer on Your Side
If you’re struggling to navigate the Florida court system alone, it’s time to get a professional on your side. The nuances of our state’s legal system can be confusing for anyone without a legal background. This is where our veteran team comes in.
Our criminal defense attorneys can help you decide whether the withholding of adjudication is your best option going forward. With a review of your case, we can let you know whether requesting this option is better than taking a plea deal or going to trial. Contact us today for a free evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Read More
Mistakes People Make When Speaking With Doctors After a Crash
Did you know that three million people are injured in car accidents every year in the United States? Or that around two million drivers sustain permanent injuries?
What comes after a car accident may be confusing and outright scary. It’s easy to accidentally make a mistake when speaking with your doctors. Finding the right things to say and do could be hard in a situation like that.
If you’ve been in a car accident and are looking to avoid mistakes, you’ve come to the right place. We’ll tell you everything you need to know so that you can speak with medical professionals without slipping up.
Common Car Accident Injuries
When you’ve been in a car accident, you’ve experienced injuries that you might not realize right away due to the adrenaline in your system. Be aware of these injuries so you can get proper car accident treatment.
The most common injury after a car accident is whiplash. This is caused by your neck moving back and forth when the car impacts. You may experience pain, stiffness in the muscles, and difficulty moving your neck.
Another common injury is concussions. These are caused by some type of force to the head. Concussions vary in severity, but common symptoms you might notice are headaches, confusion, and trouble focusing.
Also common in car accidents are back injuries. These can be hard to detect or seem mild at first. However, if left untreated a back injury could progress until you gradually become paralyzed.
For these reasons, you should never assume that you’re alright after being in a car accident. Adrenaline or failure to notice these injuries can lead to complications that are easily preventable through examination.
Why You Need Immediate Medical Care
After a car accident, paramedics will usually show up with the police. It’s important to answer all of their questions and let them examine you. As said earlier, an examination can prevent hidden injuries from hurting you worse.
The quicker an injury is diagnosed, the quicker it can be treated. Immediate medical care can protect you from long-term or permanent injuries as a result of a car accident. It will also save you a lot of pain and suffering as a result.
However, there are more reasons than physical health to receive immediate medical care.
For example, if you’re pursuing charges, you may be asked to have a compulsory medical exam. These are typically requested when the severity of your injuries or their cause is in doubt. Having an immediate medical exam on file can protect you.
You may still need to take a compulsory medical exam, as they are different from independent exams. However, building up a history will help to show that the cause of your injuries and their severity should not be doubted.
Lastly, immediate medical care can prevent you from becoming traumatized. Having a space to talk about your emotional and physical pain can prevent you from developing PTSD or other mental health problems.
Dealing With Doctors After a Car Accident
Knowing what to do when it comes to your doctors is one of the easiest ways to prevent mistakes after a car accident.
One of the biggest mistakes you can make, besides not going to a doctor at all, is to go to the wrong doctor. After a car accident, you should always be seen in the emergency room.
If necessary, you should also be seen by doctors who specialize in car accident treatment. This will help you to ensure that your recovery goes as smoothly as it can.
Next, make sure you attend follow-up appointments. These help your doctor see how you’re healing, as well as see if any other medical problems have developed. If they have, they can be treated.
Pay attention to what the doctor says and keep detailed records if needed. This will help both with your recovery and a potential car accident claim. Keep a filing system to make this easier to manage.
Next, always be honest about your medical history. This includes medications, previous health issues, current symptoms, and anything else that you can think of. Making sure your doctor is aware of your medical history could save your life.
Hiring a Car Accident Lawyer
Once you’ve received immediate medical treatment, it’s time to take the next step: filing a car accident claim. When doing this, you should also hire a car accident lawyer.
Car accident treatment is expensive, as are the medical appointments and everything else that comes after a car accident. You should not have to bear the brunt of this alone.
Hiring a car accident attorney will help you to build your case. They can find proof that you were not at fault, as well as proof that you suffered and need compensation. Plus, your attorney can defend you in court if proceedings escalate that far.
They can also help you go over the fine print in any insurance paperwork that you might have to sign.
Schedule a Consultation
Now that you’ve heard what to do when it comes to interacting with doctors after a car accident, you’re ready to hire a car accident lawyer. This is a necessary move because it helps you for reasons outlined earlier in the article.
If you’re looking for a car accident lawyer right now, then look no further. We offer free consultations on cases, and we work to defend your rights. Even better, we only charge if we win your case, so you don’t need to stress over finances.
Schedule a consultation with us today to see what your options might be!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More