Silence is NOT Golden!

A recent United States Supreme Court decision found that a person's refusal to answer a police officer's questions could be used against him as evidence of guilt because he did not expressly invoke his Fifth Amendment privilege not to incriminate himself in response to the officer's question.  Without being placed in custody or being read Miranda rights, Salinas voluntarily answered some of an investigating officer's questions about a murder.  When the officer asked Salinas whether he believed ballistics tests on the shotgun shell casings found at the scene would match with a Salinas' shotgun, he said nothing.  This evidence was used against Salinas at trial and he was found guilty.  He appealed to the Texas State Court of Appeals and Court of Criminal Appeals and lost there as well. Unfortunately for Salinas, the US Supreme Court agreed with the Texas Courts, stating those who seek protection of the privilege against self incrimination must expressly claim it. Citing a previously decided case that silence is "insolubly ambiguous" (Doyle v Ohio), the Court said that while Salinas could very well have stood silent because he was invoking his Fifth Amendment privilege, he also could have been embarrassed, thinking of a lie to protect himself, or trying to protect someone else. So the moral of the story is--if you don't want to answer the questions of a police officer because you might be guilty of a crime you should explain that you are taking the Fifth!

If you have been charged with a crime and need legal help, please visit our website at www.mb-law.com for more information.

Please be advised that this blog is meant for informational and entertainment purposes only and should not be interpreted as providing legal advice or establishing a attorney-client relationship.

Field Sobriety Tests--Not Mandatory!

People often ask me about what they should do if you are stopped by the police and are suspected of OUI. There is no perfect answer to the question because there are risks to every course of action you might take.For instance, if you intentionally refuse to take the breathalyzer test, you will automatically lose your license for 9 months!  However, you do not have to submit to field sobriety tests if requested by the officer. The tests are designed to give the officer probable cause to believe that you are under the influence.  The results of these tests can be used to convict you even if your breath alcohol level is under the legal limit (0.08) because if you show any impairment attributable to alcohol intake it is enough to be found guilty of OUI. If you refuse to take the tests, the officer may simply take you into the station and have you perform the breathalyzer test.  If your alcohol intake was low--you might even pass the breath test!  It takes a bit of nerve to refuse to take the field sobriety tests--but your cooperation IS NOT MANDATORY!

Five Reasons to Create an Estate Plan Now

To educate yourself as to the value of your own estate.
To make sure you choose the person who will manage your affairs when needed.
To make it easier for your family to deal with your incapacity (if you become so ill you need help to manage your affairs); and the management of your estate when you pass away.

To minimize the need for probate in life: guardianship/conservatorship; and in death: probating your estate.
To insure that as much of your estate goes to who you want it to without interference from the government; lawyers; or anyone else!


GO BRUINS!

Ok--I know that is a cheap way to scare up a readership.  But I want to reach out to those who may be out at a sports (or other) bar watching your favorite team and tossing back a few cold ones.  It's about OUI's:

While a person commits the offense of operating under the influence (OUI) when the State proves that she was operating a motor vehicle with a blood alcohol level (BAL) of 0.08% or more, it is not mandatory that a blood alcohol level reading be obtained for her to be convicted. If one’s physical and mental capabilities are impaired in any way, that person can be convicted if the State proves that the driver’s consumption of alcohol (or drugs) caused that impairment. Evidence of erratic driving, unusual behavior, and performance on field sobriety tests can be used to prove that a person is guilty of OUI.. Beware! Failure to submit to a blood alcohol test results in an automatic suspension of your driver’s license for 275 days for a first offense!

If you think you may be on the hook for an OUI, please visit our website at www.mb-law.com.

Where There’s a Will There’s a Way!

It is extremely important to have your will done once you become and adult and accumulate some assets (or children!).  If you don’t have a will, your assets will be distributed according to state law meaning that some nasty relative may get a piece of your pie whether you like it or not.  Your family may have to undergo a long court process to determine legal guardianship of your kids and a judge may decide that they might go with people other than the one (s) you had in mind.  All this can be avoided with a little planning---and getting that will signed!

Learn more about wills and other forms of estate planning by going to www.mb-law.com.

"I Want to Keep My House and My Cars!"

“I am going bankrupt! I am going to lose my house and my cars!”  Not so fast.  If you are filing a chapter 7 bankruptcy and your household income is greater than or equal to your expenses (minus all those nasty credit card bills you are getting rid of) you can keep your house and cars by reaffirming those debts.  At some point prior to the end of your bankruptcy case you will get paperwork from the lenders asking you to agree in writing to continue to pay those debts.  The Court will usually approve these agreements if reaffirming those debts is in your best interests.  Furthermore, payments on reaffirmed secured debts will be reported to credit bureaus, thus helping to resurrect your credit score.

To learn more about Bankruptcy, go to our website at www.mb-law.com.

It's the Cure, Not the Disease

One of our local bankruptcy trustees often tries to make those who feel guilty about filing bankruptcy feel better by using a health care analogy:

A person who has a serious disease or health problem certainly would not feel guilty about having surgery, undergoing radiation therapy or taking medicine to cure that disease or overcome that health problem.  In the same way, a person who has a significant debt problem should not feel guilty about using bankruptcy as a way to solve that problem.  Overwhelming debt is like the disease, and bankruptcy is like the surgery or the medicine used to cure that disease.  Neither the disease or the medicine may be very pleasant, but if the end result is a financial fresh start, it will be well worth it at the end of the process.

To learn more about whether Bankrupcty is the medicine to cure your financial ills visit our website at www.mb-law.com.