Author: productionnye

The period following a serious accident can be overwhelming. Not only are you dealing with physical pain and limitations, but medical bills are piling up and law enforcement officers and insurance companies are bombarding you with questions.

It is important to know your legal rights during this difficult time, and that is why you should contact the skilled personal injury attorneys from The Nye Law Group. We can help guide you through this difficult time by:

• Assessing legal claims. We will carefully review the details of your accident and inform you if it is worth your time to pursue a legal case, or if you are unlikely to be successful.
• Working with experts. We have access to a variety of experts who can help us build a strong case that gives you the best chance at recovering maximum compensation.
• Alternative dispute resolution. Our experienced personal injury attorneys know when alternative dispute resolutions may be advantageous, saving money and time. Alternative dispute resolutions include arbitration and mediation.
• Working with insurance companies. After an accident, insurance companies utilize pressure and other tactics in attempts to get you to settle for low amounts. We have years of experience dealing with insurers and will not buckle in their pursuit of a fair settlement for your injuries.
• Maximizing settlements. We are tough, skilled negotiators who will not settle for less compensation than you are entitled.
• Maximizing jury verdicts. Should your case go to trial, we are fully prepared to provide aggressive representation to defend your best interests. We will have a detailed strategy for maximizing the compensation awarded by a jury.

If you have been injured in an accident, put our years of experience to work for you. The Nye Law Group’s personal injury lawyers will fight to maximize compensation and gain the justice you deserve.

Call 855-856-4212 or complete our Free Case Evaluation now.

More than six million automobile accidents take place in the U.S. each year. Of these accidents, one in three result in a personal injury and one in five result in fatalities.

If you are ever in a car accident, you should take these 10 steps to protect your legal rights after the crash.

1. Stay at the accident scene. Never leave, no matter how minor the collision.
2. Protect and prevent additional damage. Turn your hazard lights on to signal other vehicles to steer clear. If your lights do not work, use a flashlight to increase your visibility.
3. Notify law enforcement. It is always smart to get a police report, even if you were not injured. Some insurance providers require it when making a claim for vehicle damage.
4. Maintain accuracy. Tell the officer exactly what you experienced. If you do not know the answer to a question, tell the officer that you do not know. Listen to the statements of other parties involved to ensure accurate reporting.
5. Photograph the accident scene. Using your camera or a cellphone camera, take pictures of the accident scene, including the vehicles and their damage, any injuries, the roadway conditions, and other pertinent details.
6. Gather contact information. If not provided by a law enforcement officer, gather the contact details of the other driver involved in the accident, as well as any passengers. Request their insurance information and ask to see a valid insurance card. If there were witnesses to your accident, collect their names and contact information; your attorney may wish to contact them at a later date.
7. Report the accident to your insurer. Notify your insurance provider of the accident and determine if you have coverage for medical bills.
8. Obtain medical care for your injuries. Visit your doctor or an emergency room even if pain and other symptoms are not immediately present.
9. Collect information. Keep accident reports, contact information and medical bills in an easily-accessible spot for your convenience.
10. Contact a lawyer. An experienced Savannah car accident attorney will work to protect your rights and fight for your best interests following an accident. They will advise you regarding legal action and help you navigate the process of filing a legal claim.

The personal injury attorneys at The Nye Law Group will evaluate your claim for free and aggressively pursue any compensation you are entitled.

Call 855-856-4212 or complete our Free Case Evaluation now.

All my clients looking at jail time ask me “can I get out of jail earlier than sentenced.” The answer is yes based off the parole system. For more serious crimes and repeat offenders, courts generally sentence defendants to what are known as split sentences. For example, a defendant can be sentenced to a 20 years sentence with 10 years to “serve” in jail. That means that the defendant has 10 years to serve in jail, followed by 10 years of probation. Contact one of our experienced Savannah criminal defense attorneys for more information and a free consultation.

Defendants can get out jail early, however, under the parole system. O.C.G.A. §42-9-45 is the general statute in Georgia controlling parole. Here are the General Rules:

-Sentences Under 21 Years: parole eligible after serving 1/3 of sentence or 9 months (whichever is greater).

-Sentences 21 Years or Greater: parole eligible after 7 years.

Here are the exceptions to the statutory general rules noted above:

-First Offender Sentences: if your Defense Attorney asks, and the sentencing judge grants the request, a defendant may be IMMEDIATELY eligible for parole pursuant §O.C.G.A. 17-10-1(b) if sentenced under the Georgia’s First Offenders Act REGARDLESS of length of sentence of imprisonment.

-Serious Violent Felonies Pursuant OCGA 17-10.6.1: the seven deadly sins (murder, felony murder, armed robbery, kidnapping, rape, aggravated assault, aggravated child molestation, aggravated sodomy, and aggravated sexual battery) sentenced after July 31, 1994 ARE NOT ELIGIBLE FOR PAROLE. There are other crimes not eligible for parole as well not listed here.

-Life Sentences: January 1, 1995 and June 30, 2006 sentences are eligible for parole after 14 years; and sentences after June 30, 2006 are eligible for parole after 30 years. If parole denied, a next look is within 8 years.

-Repeat Offenders/Recidivists (O.C.G.A. §17-10-7): those sentenced to serious violent felonies with prior convictions for serious violent felonies MUST be sentenced to life without parole. For fourth time offenders: sentence MUST be the maximum allowed for offense without parole.

Here are some exceptions to the exceptions which are rules that have been established by the Georgia Parole Board Authority (O.C.G.A. §42-9-45(c):

– Crime Severity Level 4 or Less: may be considered for parole before serving 1/3 of sentences. Crime severity chart is at:

-Sentences 2 Years of Less: these cases are generally fast tracked by the parole board and generally qualify for special early release programs like RDAP (Residential Drug Abuse Program) and SIP (Strategic Intervention Programs).

Almost every criminal defense matter consists of negotiations between the Prosecutor and the criminal defense attorney. These negotiations, commonly known as plea bargaining, are an attempt by the attorneys to resolve the case short of Trial by jury.

While everything is fair game in plea bargaining, the primary consideration is the strength of the prosecutor’s case, both legally and factually. Of secondary importance, but still relevant to all plea bargains is the character of the accused.

Outlined below is a break-down of these primary and secondary considerations that criminal defense attorney analyze and utilize in negotiating a criminal matter.

Legal Issues, Small & Big

Legal issues are problems the State may have with the manner in how its evidence was procured. These problems traditional arise via violation of a constitutional amendment (usually the 4th, 5th, or 6th), or by relevant statutory privilege.

For example, the Fourth Amendment guarantees a citizen the right to be free from unreasonable searches and seizures. A common application of the amendment in criminal matters, especially dui defense, is on potential “bad stops”.

In driving cases, a police officer may have stopped a criminally accused without justification. If the Judge agrees that law enforcement initiated an invalid stop, the Judge may suppress evidence leading to a dismissal of the case.

In plea negotiations, it is the possibility or probability of winning on these legal issues that give the criminal defense attorney leverage in negotiating deals. A prosecutor will be more inclined to amend to a lesser charge if there is a possibility or probability of a Judge dismissing the action for a legal deficiency.

The Facts of Your Cases: Can the State Prove It

Quite naturally, the criminal defense attorney must analyze the prosecutor’s ability to prove the case at hand.

The constitution requires the prosecutor bear the burden of proving its case beyond and to the exclusion of a reasonable doubt. Framed appropriately, the relevant question for the criminal defense attorneys is not the guilt or innocence of the accused, but the ability of the prosecutor to prove the case to the appropriate standard under law.

If the prosecutor has “holes” in his case, and may not succeed in front of a Jury, the criminal defense attorney will articulate this in his or her plea negotiations with the State. The prosecutor has a vested interested in obtaining a conviction. The prospect of losing a conviction entirely might be sufficient to encourage the prosecutor to offer a favorable deal to the accused.

Missing Witness or Evidence

Relatedly, the State might have missing Witnesses or evidence that make proving the case more difficult if not impossible.
Successful prosecution of certain crimes, like assaults and batteries, are often highly dependent on the testimony of the alleged victim. If the victim is uncooperative, or has moved so that the location of the witness is unknown, then the strength of the State’s case diminishes greatly.

The criminal attorney needs to be acutely aware of any witness issues with the State, and leverage these problems into a favorable plea bargain.

Your Criminal History

Your attorney can utilize your lack of criminal history to negotiate a positive deal for you. Conversely, if you have a criminal history that shows a propensity to commit criminal activity, be prepared for an aggressive State attorney to seek enhanced penalties.

A lack of criminal history might show the State Attorney that the crime alleged was a “glitch”, or a unique one time slip up.
For example, consider the case of the young man charged with one count of auto burglary and one count of possession of controlled substances. The auto burglary is the more serious charge, and if the State proceeds and ultimately obtains a conviction on the burglary, any resolution will likely have long term consequences on the young man.
In conclusion, your criminal defense attorney is concerned with both the prosecutors’ ability to “prove” his case and your character and past conduct.

The criminal attorney will analyze your specific case with your specific facts to determine which factors are most relevant to successfully resolving your case.

Guest post written by Christian Denmon, a Tampa Criminal Defense Attorney with Denmon & Denmon Trial Lawyers . Christian is rated “Pre-eminent” by the independent review site Martindale Hubbell, “Superb”(10/10) by AVVO, and was recently recognized by the National Trial Lawyers Association as a “Top 100” Trial Lawyer

Getting injured is a serious matter regardless of the situation, and it becomes even more important when you are injured in public, as a result of a car accident, or as the cause of some other person or entity.

If you have suffered any damage that required medical attention or a physical or mental recovery period, you may be entitled to recovering said damages from the other party involved. As an experienced personal injury lawyer in Savannah will tell you, if you have suffered injuries as the result of an accident, the first thing you should do is make your way to the nearest Hospital Emergency Room.

Whether that requires driving yourself, asking for a ride or calling the police, fire department, or ambulance, it is important to your case that you document the physical pain and distress as a result of your accident.

WHO PAYS MY MEDICAL BILLS WHEN I’M IN AN ACCIDENT?

Even if you will be receiving a settlement as a result of your auto accident or personal injury case, it is your responsibility to pay your medical bills. Prior to hiring a personal injury lawyer in Savannah, make sure you have a written contract with your attorney to determine how your lawyer will be paid. There are a number of different options on how to pay your attorney for a personal injury case. You can choose between a contingency fee, flat rate or hourly rate fees.

COLLECTING YOUR PERSONAL INJURY SETTLEMENT COMPENSATION

If the defendant in your personal injury case is insured, you will have to notify their insurance company of your injuries, if they have not already been informed, and they will most likely write you a check for the damages up to the limit of the insurance policy. If the defendant in your personal injury case is not insured, it won’t be this simple. You may have to talk to your attorney about collecting your judgement as personal injury lawyers may specialize in this area as well.

Have you been in an accident that required medical attention? Please feel free to give me a call or send me an e-mail for a free consultation.