2Feb/120
Personal Injury Lawyers in Washington DC, Maryland, and Virginia
Enduring the physical recovery of an injury caused by another person’s negligence is both painful and frustrating. At the personal injury law practice of Price Benowitz LLP, we believe that those whose negligence, carelessness, or recklessness causes an accident or injury should be held financially accountable for the consequences. Headquartered in Washington, D.C., Price Benowitz LLP serves D.C., Maryland, and Virginia as a leader in personal injury litigation.
Price Benowitz LLP was co-founded by DC personal injury lawyer Seth Price and criminal defense attorney David Benowitz. These esteemed attorneys built the law firm on a commitment to providing exceptional legal representation in both criminal and civil matters. The personal injury practice of Price Benowitz LLP is dedicated to protecting the rights and livelihood of those injured in accidents or harmed by medical malpractice. We work aggressively to obtain the highest possible financial compensation for our clients involved in personal injury, medical malpractice, or wrongful death litigation.
Maryland personal injury lawyer Chamille Kittles leads the firm’s personal injury practice from the firm’s offices in Baltimore, Rockville, and Ellicott City. Ms. Kittles and attorney Rabihah Scott handle the firm’s cases in Montgomery County, Howard County, and Prince George’s County, Maryland. Both of these seasoned personal injury lawyers are licensed to practice in both DC and Maryland, and they handle the firm’s cases in both locations.
In Virginia, the personal injury practice of Price Benowitz LLP is headed by Virginia personal injury lawyer Thomas Soldan. With offices in Leesburg and Fairfax, Virginia, Mr. Soldan represents the firm’s clients in Alexandria, Arlington, Fairfax, Loudoun, Prince William, Spotsylvania, and Stafford counties. An experienced and highly qualified attorney, Thomas Soldan is the current president of the Fauquier Bar Association and Insurance Regulation vice chair with the American Bar Association.
In addition to handling Virginia personal injury litigation for Price Benowitz LLP, Thomas Soldan also represents the firm as an experienced Virginia reckless driving lawyer. Along with Mr. Soldan, attorneys Vanessa Hicks and Ann Thayer provide skillful and thorough defense against criminal traffic charges. Virginia has some notoriously strict traffic laws, and penalties can be harsh for those charged with serious traffic violations. Speeding, failure to yield, and illegal passing can result in reckless driving charges, punishable by fines, license suspension, and even jail time. The Virginia reckless driving lawyers with Price Benowitz LLP can work to minimize or avoid consequences of a criminal traffic conviction, helping their clients preserve their driving privileges, their freedom, and their dignity. Those charged with reckless driving, DUI, or driving with a suspended license should contact the Virginia offices of Price Benowitz LLP to set up a free case evaluation with a qualified Virginia reckless driving lawyer.
Offering high quality criminal defense and personal injury representation, the law firm of Price Benowitz LLP has established itself as a leader in the legal field. Our clients enter the courtroom with the confidence that comes from knowing they are well represented by thorough, committed professionals who are determined to achieving results. To find a DC personal injury lawyer, Maryland personal injury lawyer, Virginia personal injury lawyer, or Virginia reckless driving lawyer, call the Price Benowitz LLP office nearest you.
2Feb/120
Oklahoma City Sex Crime Lawyers
The Oklahoma Criminal Defense blog has often discussed how a person accused of a crime is persecuted and vilified even before his or her case reaches trial and before any verdict is reached. This is particularly true in allegations of sex crimes. Oklahoma sex crime lawyers, however, are committed to defending the accused against any criminal charges. Their mission is to uphold the legal, constitutional rights of the accused--including the right to skilled legal counsel and the right to a fair trial. While prosecutors, police, and the general public may forget about the accused's basic rights in the heat of accusations of criminal sexual conduct, Oklahoma sex crimes attorneys are always aware that their clients are to be considered innocent unless and until their guilt is proven in a court of law.
What Cases Does an Oklahoma Sex Crime Lawyer Handle?
Oklahoma sex crimes range from sexual battery--which may include groping or non-consensual touching for sexual gratification--to first degree rape. Sex crime attorneys in Oklahoma provide legal representation and criminal defense for the following criminal charges:
- Computer Sex Crimes (online solicitation of minors, child pornography, sexting, and other internet sex crimes)
- Indecent or Lewd Proposals to a Minor
- Indecent or Lewd Acts with a Minor
- Indecent Exposure
- Sexual Battery
- Rape (first degree rape, second degree rape, statutory rape, rape by instrumentation, forcible sodomy, forcible oral sodomy)
Being accused of any of these state or federal sex crimes can lead to the ultimate destruction of one's personal relationships, professional reputation, livelihood, and lifestyle. For those convicted, prison sentences are often quite lengthy, with many Oklahoma sex crimes punishable by life in prison. Upon completion of any prison sentences, many individuals are required to register for ten years to life as an Oklahoma Sex Offender, a designation which significantly restricts one's freedoms.
How Do I Find a Sex Crime Defense Lawyer in Oklahoma City?
When looking for the right Oklahoma City sex crime lawyer to handle your defense, it is critical to find an attorney who is experienced at handling cases similar to yours. Consider whether a prospective criminal defense attorney has represented clients accused of sex crimes, and whether those cases went to trial. Evaluate the attorney's success record as a trial attorney.
Most Oklahoma City criminal defense attorneys offer a free consultation. At your initial evaluation, your prospective lawyer can gain meaningful insight into your case and begin to formulate your defense options, and you can assess your rapport with the attorney and your confidence in his or her ability to successfully handle your defense.
To schedule a free consultation with an experienced, successful Oklahoma City sex crimes lawyer, contact the law firm of Phillips and Bailey at (405) 607-1177.
30Jan/120
Ignition Interlock in Oklahoma DUI Sentencing
Most states require the installation of an ignition interlock device on vehicles owned by repeat DUI offenders. In Oklahoma, recent legislation that took effect November 1, 2011, made ignition interlock a sentencing requirement in all Oklahoma DUI convictions--even DUI as a first offense.
Under the new DUI law, those convicted of DUI in Oklahoma are required to install an ignition interlock device on any vehicles they own. Additionally, once these drivers' licence suspensions are complete, they are required to obtain a special driver's license that clearly states "Interlock Required." These licenses signal officers that a driver is not legally permitted to drive any vehicle without the interlock device installed and helps prevent DUI offenders from circumventing the law by driving another's vehicle.
What is ignition interlock?
Essentially, the ignition interlock device is a breathalyzer machine that prohibits a vehicle from starting if the driver's Blood Alcohol Concentration (BAC) meets or exceeds the set point of the device--generally 0.02 or 0.04 percent, which is lower than the legal limit of 0.08 percent for DUI in Oklahoma. The device is designed to prevent impaired drivers from taking the wheel after drinking. Often, those who have been drinking underestimate their level of impairment. With an ignition interlock device installed, there is little room for error. Ignition interlock devices are often equipped with a camera so an impaired driver may not get another person with "clean" breath to blow into the device to start the car.
Who is responsible for oversight of ignition interlock in Oklahoma?
The ignition interlock industry in Oklahoma is regulated by the states Board of Tests for Alcohol and Drug Influence (BOT). The BOT certifies ignition interlock devices annually, and they publish a list of approved devices. The BOT further licenses ignition interlock service centers and approves and licenses ignition interlock technicians. Ignition interlock is installed at the expense of the convicted driver. Once the device is installed, the licensed ignition interlock technician provides the driver with verification of the device installation and remits the appropriate fee to the BOT.
Ignition interlock rental fees are approximately $70-$100 per month, and installation is approximately $100. Tampering with an ignition interlock device or attempting to disarm or disable the device is a crime punishable by a fine of $500 and up to six months in jail.
If a vehicle owner knowingly allows a driver with an "Interlock Required" license to drive a vehicle without the device, he or she may be charged with a misdemeanor punishable by a fine of $500 and up to six months in jail.
The installation of an ignition interlock device is a requirement only after the completion of a driver's license suspension. Once the suspension period is up, the Oklahoma DUI offender must provide proof of installation of an ignition interlock device in order to have the license reinstated.
For more information about ignition interlock and other Oklahoma DUI laws and penalties, contact Phillips and Bailey to speak with an experienced DUI lawyer in Oklahoma City.
26Jan/120
High Profile Oklahoma DUI Arrests Show No Immunity
Oklahoma DUI lawyers represent individuals who have been charged with Driving Under the Influence of alcohol or drugs. While some people may carry a stereotypical view of an intoxicated driver, the truth is that anyone who drinks and takes the wheel may be charged with DUI or other alcohol related traffic offense. From the college student partying with friends, to the shift worker hitting happy hour for a few beers, to an urban professional having cocktails during a business lunch, anyone who drinks and drives may find himself or herself charged with a criminal offense. Oklahoma DUI is not a crime that is only committed by alcoholics. It may be committed by any person who drives after drinking--frequently, a person who does not realize how few drinks it can take to put one's blood alcohol content (BAC) over the legal limit. In fact, underage drivers can be charged with DUI under 21 with a BAC as low as o.02.
Three Oklahoma DUI arrests in the past week show that DUI is a crime that can affect anyone, including an Oklahoma City councilman, a former assistant police chief, and the former president of a Christian university.
Last Friday, councilman Skip Kelly was arrested for DUI in Oklahoma City when police officers discovered him sitting in his damaged car. Allegedly, Kelly was intoxicated when his vehicle jumped a curb and hit a fire hydrant. Kelly, himself an Oklahoma City DUI attorney, told police that he was not drunk and that he had consumed only a glass of wine before driving. He claims his accident was caused when he took evasive action to avoid a vehicle that almost collided with him. He refused to submit to a breathalyzer test. If Kelly is convicted of DUI, it will be his second Oklahoma DUI conviction within three years. As a second DUI offense, the crime will be charged as a felony, with Kelly facing a fine of up to $2,500 and a maximum of five years in jail. If he is convicted of a felony, he will also be required to forfeit his position as a member of the Oklahoma City Council.
In a separate DUI case, a former assistant police chief with the Moore Police Department was arrested on an Oklahoma County DUI complaint on Saturday afternoon. According to the arresting officer, Gary Wayne Tipps, 55, exhibited slurred speech and poor balance when he was pulled over. Inside the vehicle were a loaded handgun and a cup containing a substance that "smelled like whiskey." Tipps was reported to be belligerent when arrested, kicking out a window of the police car and spitting on a jailer. In addition to DUI, Tipps has been charged with destruction of property, possessing a firearm while under the influence, and throwing bodily fluids on a government employee.
On Tuesday, former Oral Roberts University president Richard Roberts was arrested for speeding and DUI near Tulsa, Oklahoma. He was allegedly clocked travelling at 93 mph in a 65 mph zone. When Roberts was pulled over, the arresting officer claimed to smell alcohol and said that Roberts was unable to perform two field sobriety tests to check coordination. A blood alcohol analysis revealed his BAC to be 0.11.
Anyone who consumes alcohol prior to driving may find himself or herself charged with DUI. Not every DUI arrest comes from erratic driving or from a motor vehicle accident. More commonly, a person may be pulled over for a minor infraction, such as a rolling stop, turning into the far lane, or a burned-out headlight. If, during the traffic stop, an officer suspects the driver may be intoxicated, a DUI arrest may occur. Those arrested for DUI should immediately seek counsel from an experienced Oklahoma DUI lawyer.
23Jan/120
Practice Areas of Oklahoma Criminal Defense Lawyers
The legal profession covers a broad range of specialization. When you need legal counsel and representation, it is important to find an Oklahoma attorney whose area of expertise lies within the area of your legal need. For legal issues involving family relationships, you should turn to an attorney specializing in family law, such as an Oklahoma City divorce lawyer or an Oklahoma adoption lawyer. If you have suffered an injury in an accident or as a result of professional negligence, turn to an Oklahoma City personal injury lawyer. For those facing criminal charges, finding an experienced criminal defense attorney in Oklahoma is paramount for successful handling of the case.
The scope of the legal profession as a whole is vast; within the fields of civil and criminal law, there are numerous practice areas. When looking for an Oklahoma City criminal lawyer, it is important to find an attorney who is experienced handling your specific type of criminal charge. For example, if you are charged with a Federal white collar crime in Oklahoma, an attorney who focuses his practice on DUI or misdemeanor criminal offenses is unlikely to provide the type of defense you need.
The Oklahoma City criminal defense practice of Phillips and Bailey offers skillful defense to those charged with misdemeanor crimes, felony crimes, and federal crimes in Oklahoma. From DUI and theft to sex crimes and Federal offenses, the attorneys with Phillips and Bailey have a record of successful defense against a wide variety of crimes in Oklahoma County and across the state.
Oklahoma Criminal Defense Practice Areas
- Oklahoma DUI and Traffic Offenses: DUI, DWI, and APC
- Oklahoma Sex Crimes and Federal Sex Offenses: Rape, Lewd Acts with a Minor, Indecent Exposure, Internet Sex Crimes, Child Pornography, Solicitation of a Minor
- Oklahoma Drug Crimes and Federal Drug Offenses: Possession, Trafficking, Distribution, Manufacturing, and Cultivation
- Oklahoma Violent Crimes: Gun Charges, Weapons Violations, Assault, Armed Robbery, Domestic Violence
At Phillips and Bailey, our experienced defense attorneys are committed to handling your case with discretion and with a dedication to providing the best possible outcome. Our criminal defense practice also represents clients seeking to clear their record with an Oklahoma criminal record expungement, and we provide legal counsel to those accused of Oklahoma parole violations.
When you need an Oklahoma attorney, turn to a knowledgeable attorney who has successful experience representing clients in criminal cases similar to yours. For a free review of your case, call the Oklahoma City criminal defense law office of Phillips and Bailey at 405-607-1177.
19Jan/120
Ex-DHS Employee Charged with Oklahoma Sex Crime
A former employee with the Oklahoma Department of Human Services has been accused of an Oklahoma sex crime against a 15-year-old girl while he was still employed with DHS. The criminal charge is the latest in a string of allegations of misconduct and mismanagement among DHS employees and administrators.
A warrant has been issued for the arrest of Ronald J. Green II, 23, on a charge of forcible oral sodomy in Oklahoma. Green was a temporary social worker aide with the DHS office in Stillwater from May to October of 2012. He is accused of committing the crime in September 2010, when he was transporting a 15-year-old girl from Stillwater to a foster care placement in Tulsa. The alleged victim did not report the incident until late 2011, more than a year after the incident was alleged to have taken place. Stillwater police notified the OSBI in late December to oversee the case.
Under state sex crime statutes, Oklahoma forcible oral sodomy is defined as:
- Oral or anal sex with a person under the age of 16 by a person who is over the age of 18.
- Sodomy with a person who is legally unable to consent due to mental illness or unsoundness of mind
- Oral sex or anal intercourse perpetrated by force or through the threat of violence
At the time of the alleged incident, Green's accuser was 15 years old and Green himself was over the age of 18. Furthermore, Oklahoma sex crime law precludes an employee of a state agency from sexual involvement with anyone in state custody. Therefore, even if the Green's accuser was aged 16 or older, sexual activity between the two--consensual or not--would have been considered illegal.
Green's arrest comes on the heels of a settlement agreement to a federal class-action lawsuit accusing Oklahoma DHS of multiple abuses that jeopardize the safety of children.
It is important to remember, as always, that an accusation of a sex crime does not mean that the accused is guilty of any crime. Adults who work with children or teens are particularly susceptible to being falsely accused of a sex crime. Whether Green's accuser is coming forward as a result of abuse at the hands of an adult entrusted with her safety or whether she is making false allegations as a result of some ulterior motive remains to be seen. Unless or until Green is proven guilty of a sex crime against a minor, he should be considered innocent, just as in any other crime. Green--and anyone else accused of a sex offense in Oklahoma--would be wise to quickly hire an experienced Oklahoma sex crime defense lawyer to protect his rights.
16Jan/120
Juvenile Record Expungement in Oklahoma
Impulsiveness, peer pressure, and a lack of basic maturity can lead many young people to make poor decisions with harsh consequences. For some juveniles, a foolish decision can lead to a conviction of a criminal offense. Although probation or incarceration in a juvenile detention facility can be a terrible hardship for any teen, often, the toughest challenge comes when, as an adult, a person tries to put his or her youthful indiscretions in the past. The criminal record associated with a juvenile conviction can haunt future prospects for employment and educational opportunities. An Oklahoma expungement lawyer can help you clear your record, moving forward from a difficult past into a brighter future.
Many people mistakenly believe that all juvenile records are confidential. They are not. Others think that record of a juvenile crime is automatically cleared when the defendant reaches the age of 18. It is not. Juvenile records are not automatically expunged, and prosecutors and law enforcement agencies have the right to protest any expungement requests. For this reason, it is important to proceed with any attempt to clear your record with the help of an experienced expungement attorney in Oklahoma.
In order to be eligible for expungement of a juvenile record in Oklahoma, certain conditions must be met. You may be able to successfully petition for your court records to be sealed and your arrest record to be purged if you satisfy the conditions outlined under Title 22 O.S. §18 and Title 10A O.S. § 2-6-109 of the Oklahoma Statutes.
Title 22 O.S. §18 states that if a person was younger than age 18 at the time of the offense, and if he or she has since received a full pardon for the offense, that person may petition for expungement of the juvenile record.
Title 10A O.S. § 2-6-109, which deals with juvenile offenses, states that a person aged 21 or older may petition the juvenile court for the expungement of the juvenile record under these specific conditions conditions:
- The petitioner has not been arrested for any adult offense and has no current or pending charges
- The petitioner has neither been convicted of any criminal offense nor been the subject of a deferred sentence
- All court requirements, including court costs and fines, have been satisfied and paid for juvenile proceedings
A juvenile offense such as underage DUI, petty theft, or assault should not have to ruin one's opportunity to become a productive and contributing adult. To find out if you qualify for a fresh start through the clearing of your juvenile record, consult an Oklahoma City expungement lawyer who can explain your options and help you petition the court to seal your juvenile court record.
13Jan/120
5 Counts of Assualt and Battery with a Dangerous Weapon
The Oklahoma Criminal Defense Lawyers at Phillips & Bailey were able to prevent a recent case from going to trial. In this case, 5 counts of Assault and Battery with a deadly weapon were dismissed.
12Jan/120
Handling an Arrest and Criminal Charge in Oklahoma City
Being arrested for a crime can be quite a stressful ordeal. From the moment you suspect an arrest is imminent, you may begin to feel the initial stages of panic. Whether you see an officer's flashing lights in the rearview mirror, you open your door to find uniformed officers standing outside, or you conclude a police interview at the station and realize it did not go well, when you know you are about to be arrested, you may feel like your world is beginning to crumble. Do not panic. Remain calm and call an experienced Oklahoma City criminal lawyer. Having an attorney on your side can alleviate some of the stress by helping you realize that you are not alone, your rights are being protected, and a legal professional is handling the situation for the best possible outcome.
There are several important things to consider during an investigation, interview, and arrest:
- Remain calm. When you are approached by police, your first inclination--particularly if you are guilty of a criminal offense--may be to flee or to become argumentative and combative. It is important to stay calm. Do not panic or challenge authorities. Fighting with police or attempting to elude police is sure to result in additional criminal charges that can complicate your case.
- Remain silent. Many people do not realize that they have the right to remain silent even before an arrest. Just because police have not informed you of that right does not mean it doesn't exist. Do not admit guilt; do not even try to protest your innocence. Wait for counsel from your Oklahoma City defense attorney.
- Request a lawyer. You have the right to legal counsel for a reason. Too often, people who are not aware of their rights end up compromising their case by attempting to "clear things up" or simply by speaking to police without the advice of an Oklahoma criminal attorney. Tell police immediately that you want a lawyer. They will not be able to question you further without your attorney present.
Additionally, once you have an Oklahoma City criminal defense lawyer handling your case, other aspects of the criminal justice process will go more smoothly. Your attorney can help you understand how to get out of jail by posting a cash bond or hiring a bondsman. He or she will help you understand the possible ramifications of your criminal misdemeanor or felony charge, and can help you make wise decisions about your defense options. Your attorney will keep you notified of all of your court dates and required court appearances to avoid further complications from a failure to appear in court.
If you are arrested in Oklahoma County, act immediately to find an Oklahoma City defense lawyer who will protect your rights and your defense throughout the justice process.
9Jan/120
New Year’s Eve Shooting Spotlights Oklahoma “Make My Day” Law
When a homeowner shoots and kills and intruder on his or her property, the story is usually considered newsworthy. When the homeowner is an 18-year-old mother of a 3-month-old, a widow whose husband died of cancer less than a week before, the story grabs international headlines.
The story of Sarah McKinley of Blanchard, Oklahoma, has been featured on CBS News, The Huffington Post, The New York Daily News, and even the BBC. Even former Alaska governor and Vice-Presidential candidate Sarah Palin has weighed in on the story, saying of McKinley, "I'm all in favor of girls with guns who know their purpose."
The events unfolded around 2:00 p.m. on New Year's Eve, when the teen mother called 911 and told the dispatcher that someone was trying to break into her house. She had barricaded the door with a couch, but the intruder continued to attempt to gain access to her home. Whispering, McKinley asked the dispatcher, "I've got two guns in my hand. Is it okay to shoot him if he comes in the door?" In the released 911 tape, the dispatcher responds, ""Well, you have to do whatever you can do to protect yourself. I can't tell you that you can do that, but you have to do what you have to do to protect your baby."
It took police approximately twenty minutes to arrive at the scene, and by that time, Justin Shane Martin, 24, was slumped dead over the couch, clutching a knife in his hand. An accomplice had fled the scene. Later, the alleged accomplice, Dustin Louis Stewart, 29, turned himself in to authorities.
Prosecutors say McKinley was clearly acting in self defense and will not be charged with any crime. Oklahoma's "Make My Day" law, officially the Castle Doctrine, allows the use of deadly force for the protection of one's home and any innocent people legally within the home from a violent attack or any intrusion which may turn violent. An 18-year-old girl protecting her 3-month-old son from a knife-wielding intruder certainly seems to fit the stipulations of the Make My Day law.
Although McKinley will not face criminal charges, Martin's alleged accomplice faces a first degree murder charge. Under Oklahoma law, if a death occurs during the commission of a felony, such as first-degree burglary in this instance, anyone involved in the crime may be charged with the murder. Though Dustin Stewart fled the scene and called 911 shortly after the shooting, he has been charged with first degree murder as the alleged accomplice of the fatally wounded Martin.
However, prosecutors will have to prove that Stewart was actually Martin's accomplice in the break-in. Stewart's Oklahoma defense attorney may point to Stewart's 911 call as evidence of his innocence.
Stewart called 911 shortly after hearing gunfire. He told the dispatcher, "My name is Dusty Stewart, and I think it is my friend that got shot." He allegedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."
However, court documents show that Stewart later told police that he and Martin had taken painkillers before going to McKinley's home. He is reported to have told investigators that Martin knew that McKinley's husband had recently died of cancer, and that he assumed there would be painkillers in the home, so he devised a plan to burglarize the home and steal the painkillers.
Perhaps, in light of this statement, Stewart's Oklahoma criminal lawyer will use his client's cooperation in an attempt to gain leniency in sentencing.
Dusty Stewart was released on bail with a preliminary hearing set for May. At the time of this writing, Stewart's Oklahoma defense lawyer has not responded to media requests for a statement about this high profile case.