Every United States citizen has a constitutional right to remain silent and not talk to law enforcement. If you are stopped by a police officer while driving your car, you are required to produce your license and registration and identify yourself. Otherwise, you are within your rights to politely decline to discuss anything else with the officer. If you are approached or called with an offer to "give your side of the story", the determination as to whether you should cooperate by giving the police a statement requires a thorough legal analysis of your potential liabilities and exposure to criminal prosecution. In my experience, clients rarely (if ever) find that an officer's written account of their statement or information is accurate. Police reports are typically written to advance the government's theory of the case, and if they believe you committed a crime, any "voluntary" statement you give them will be described in a manner that makes you look guilty. ALWAYS consult with an attorney before you waiver your constitutional rights and agree to talk to law enforcement.
Submitting a certificate of formation or articles of incorporation for you business is only the first step to registering your company to do business in any particular state. If you have formed a Limited Liability Company (LLLC), your company needs to have an operating agreement to be considered a valid business entity. Similarly, corporations require by-laws or a corporate operating agreement, in addition to shareholder and director resolutions, minutes and notices. These documents are not filed with the Secretary of State's office, but you and your company will need to comply with these formalities in order to be considered a valid, corporate entity. Otherwise, your personal assets may be at risk in the event your company is ever sued.
Whether it be by choice or difficult financial circumstances, selling a business, or asserting your partnership or membership rights to prevent a sale, carry significant risks and potentially devastating consequences to you and your livelihood. Any commercial sale of an ongoing entity requires careful analysis of the terms and conditions involved in the transaction. Donovan Law has negotiated and drafted contracts for clients selling multi-million dollar companies, as well as small LLCs and corporations. We can help you collect your investment and protect you from any potential liabilities associated with the company after the sale.
I have helped to incorporate hundreds of businesses, small and large, limited liability companies and corporations. With my assistance in forming your new company, you and your company will be prepared to manage important decisions concerning compensation, distributions and general corporate management, while protecting your personal assets.
No. I provide all of my clients confronted with a personal injury claim with the option of retaining my services on a contingent basis. We don’t receive a check until you do. Once a settlement check has been issued, the legal fees and actual costs and expenses are then deducted from the settlement.
In general, you have three (3) years from the date of injury to file a lawsuit against the other party. However, the nature of the matter, type of claim being pursued and the jurisdiction in which the injury occurred can have a bearing on the applicable statute of limitations. You should consult with an experienced and reputable attorney as soon as possible to determine the correct answer to this important question.
No. Every citizen has the right to refuse a search of his or her vehicle by law enforcement by refusing consent or permission. Every warrantless search is considered unreasonable and potentially, unconstitutional. In some, limited circumstances, law enforcement can search a vehicle without the owner's consent or permission. If an officer asks you for consent, then those circumstances do not apply.
No. You are not required by law to submit to their "field sobriety tests" ("FSTs"), or a blood or breath test. Police officers may attempt to intimidate you into taking these tests, but don’t be fooled. You should be aware, however, that if the officer has a reasonable belief that you are driving on a public way while impaired or under the influence of alcohol, any refusal to submit to a FST or subsequent test will cause you to lose your license or driving privileges for six months. Nonetheless, you have a stronger case if there are no ‘tests’ in evidence.
Yes! Breath and blood tests are fallible; they each have an inherent margin of error and are susceptible to human error and mistakes. Don't be penalized by a faulty or illegal test. Whether you admit to drinking or not, the penalties associated with a blood or breath test that suggests a high blood-alcohol content in your system are much more severe. If the police officer who arrested and tested you failed to comply with the proper legal and administrative procedures associated with these tests, the Court should, and will, throw them out. Don’t let the Government process you as another statistic; fight your case!
Yes. You have the right to have your breath or blood test analyzed by an independent laboratory. CG Labs, Inc offers these services for a fee of $175. For more information, visit their website at www.CGLabs.com
The Interlock device is a mechanical device installed in a vehicle that requires a breath test before starting the vehicle and may also require additional tests while driving. In order for the vehicle to start, the Interlock must process an alcohol-free breath sample. Anyone facing a DWI charge is at risk of receiving a mandatory Interlock device. Also, you would be responsible for installation and maintenance fees of this device.
The SR-22 is additional automotive insurance required after a DWI conviction. Many insurance companies do not cover the SR-22. Those that do offer it will charge additional thousands of dollars per year for this coverage. Can you afford to risk it?