Maryland Car Accident Lawyer : Pre-Settlement Funding

Being involved in an accident can become a financial burden. There are unexpected daily expenses that arise as a result of being injured in an automobile accident. Many are inclined to take out pre-settlement loans to ease their financial burdens.
Be warned, there are many pit falls to pre-settlement loans. These are not like traditional loans that you would receive from your bank. The interest on pre-settlement loans is very high and increases the longer the loan goes unpaid. Typically, rates range from 2% to 4%, plus fees, compounded every single month. A $1,000.00 loan could cost you $1,601.03 after a year. That is a 60% increase.
Pre-Settlement funding companies woo clients with misdirection and word play. They tell clients that the loan is not a direct cost to them, but rather a cost against their final settlement. Any cost against the final settlement is a cost to the client. The money for repayment of that loan comes out of the client's portion of the settlement proceeds. The loans, like any lien on a case, must be paid before medical expenses. Depending on the age of the loan and the compounded interest, clients could find themselves receiving nothing out of their settlement. Further, clients could find themselves receiving nothing out of their settlement and still owing money for medical expenses.
It is true that if your case is not successful, you do not pay back the loan. However, success can come at a high cost.
We caution our clients against taking these loans unless absolutely necessary and only after they have exhausted all of their option such as seeking financial assistance from their families and friends or their private lending institution. If you find yourself in a position to take a pre-settlement loan, it is recommended that you take only a small amount of money, essentially take only what you absolutely need. Do not borrow yourself out of your own recovery.

Are you injured in a car accident and wondering what to do next? 
Please visit our website or Call us now at 410-995-1515 for a free legal consultation.

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Ellicott City, Maryland Criminal Defense Attorney|Your Right to Remain Silent

Many already know that the right to remain silent from the much-quoted Miranda rights. It is important to remember that every person who is interrogated while in custody must be given their Mirandarights. An interrogation is when the police act or speak in a way they know will reasonably elicit an incriminating response, and being in custody means that the individual does not feel free to leave.

 

The right to remain silent originates from the Fifth Amendment privilege against self-incrimination, and later outlined in the caseMiranda v. Arizona. In order to invoke your right to remain silent, it is not enough to simple refuse to speak. This means that simply remaining silent may be used against you in the court of law. In order to prevent this, the interviewee must actually state that they are not speaking because they are invoking their right to remain silent.

 

For those who do not speak English or speak English as a second language, it is absolutely essential that they learn to say "I would like to use my right to remain silent" in English so that they can protect themselves from self-incrimination. This is more important for those who do not speak English or speak English as a second language because the speaker may not fully understand the words they are speaking and accidentally give information that can be used against them.

College Park, Maryland Auto Accident Attorney|Understanding Your Traffic Violation

When you first receive a traffic ticket, it is important to understand the offense with which you are charged along with the consequences you may face. In Maryland, there are two types of traffic violations: Minor and major.

Minor Traffic Violation:

If you have been charged with a minor traffic offense, such as speeding, you may choose to pay the fine or contest the ticket in court. If you choose to pay the fine, you are admitting guilt for the charge and may rack up points in the point system set by the MVA.

 The Maryland point system is a way for the state of Maryland to examine your driving record and determine what type of punishment is appropriate for you. If you accumulate five points on your record within a two-year period, the MVA will set up a conference to assess your driving record. If you accumulate eight points, your license may be suspended. If you have questions about your ticket or how many points is assigned to your violation, ask the police officer who issued the ticket or consult an experienced auto accident attorney who can help you look at your options.

 Instead of paying the stated fine, you may choose to contest your minor traffic violation ticket by going to court. Your court date will be on the ticket. A car accident lawyer can help you examine the surroundings of your violation and see if you have a chance to fight against your charge. If you do not pay the fine and do not show up for your court date, your driver's license will automatically become suspended. If you are caught driving with a suspended license due to failure to pay for a ticket or appear in court, you face a 60-day jail sentence and a $500 fine. Do not ignore your ticket simply because it is a minor violation.

 Major Traffic Violation:

 Major traffic offenses are traffic violations that could put you in jail if you are convicted. If you are charged with a major offense, you are required to come to court and do not have an option to simply pay a fine. Along with your ticket, you will receive a summons from the court in the mail stating the date, time, and location of your trial. It is advised that you seek legal counsel, and you must do so before the date of your trial - the earlier the better. 

Silver Spring, Maryland Auto Accident Attorney|Who is responsible for my auto accident?

After an auto accident, many of our clients are scared and confused by the overwhelming legal process. Clients come to us with worries of their case that arise from every angle. We always tell our clients that the most important step is recovery and treatment. Any stress or anxiousness with regard to their case can only hinder their ability to recover. The attorneys at Portner & Shure make sure that clients focus on their treatment while we, the professionals, take care to pursue every avenue for compensation.

 

While most attorneys rarely look beyond the obvious opponent, the other party to the accident, the attorneys at Portner & Shure take a closer look at accidents to ensure that every party is held responsible for the accident. Besides the other driver, we look to parties such as the automobile manufacturer who may have produced or assembled a faulty vehicle, the parts manufacturer who may have produced a faulty part used in the vehicle, and the government who may have failed to maintain or may have constructed a poorly designed road.

 

Recently, General Motors recalled 8.5 million vehicles due to ignition switch problems. These recalls came too late after 13 drivers and passengers had died due to these issues. Now, the CEO of the manufacturing company that produced the ignition switches claims that he holds no responsibility for the deaths. It is easy for auto accident attorneys to provide a cursory look and choose the easiest way to process your case in an assembly-line manner, but the attorneys at Portner & Shure take the extra step to closely examine all avenues of compensation so that you, the client, can recover from your injuries. 

Greenbelt, Maryland Auto Accident Attorney|When the Police Report is Wrong

After a car accident, it is wise to call the police so that they can make a report of the accident. In the report, the officer will jot down information such as where the accident occurred, who was involved, witnesses that were present, the extent of the vehicle damage, the injuries sustained by the parties, and, sometimes, which party was at fault. This is very helpful when it comes time to determine liability later on, but what happens if the police report is incorrect? Or worse, what if the information on the report points to you as the one who is liable?

There are many ways in which one can handle a tricky police report, but it is wise to contact an experienced auto accident attorney to take care of the situation for you. When the police report is working against you, your case is beyond a cut-and-dry case and it is important to have a knowledgeable lawyer to assist the situation.

The first step in handling an incorrect police report is to make a request to have the report amended. This request would include a statement of facts of the pertinent details of the accident and your attorney would ask that your version of the incident be attached to the original report. It will be entirely up to the officer's discretion whether or not to include your version of events into the report, so it is essential that an attorney make the request for you. 

If the police report suggests that you are the party at fault, your attorney can take steps to defend you. Your lawyer can attack faults on the report like information that was taken from the other party or an unreliable witnesses. Another way to fight a police report is to attack the experience and training to analyze skid marks or vehicle positioning.

The attorneys at Portner & Shure are ranked amongst the best in Greenbelt, Maryland and around the DC Metro area. In fact, Jonathan Portner is a member of the Million Dollar Advocates Forum, has been featured in TIME magazine's 2013 Excellence in Law, and is a member of The National Top 100 Trial Lawyers organization. We strive to listen and communicate with our clients through our multilingual paralegals and provide the best legal services with our knowledgeable attorneys and legal team.

Maryland Criminal Defense Attorney | Maryland Human Trafficking Laws

"Operation Cross Country" by the FBI netted more than 280 arrests of pimps around the country, including four in Prince George's County.

Rebecca Wu, a spokesperson for the FBI, says local, state and federal law enforcement partners and the National Center for Missing and Exploited Children took part in the week-long operation, which became the largest and most successful Operation Cross Country. The investigation included 106 cities.

FBI Director James B. Comey said this was the eighth time the FBI coordinated an operation against sex trafficking. The nationwide campaign targeted places ranging from casinos, to truck stops to pornography stores.

"Targeting and harming America's children through commercial sex trafficking is a heinous crime, with serious consequences," Comey said in a press release. "Every child deserves to be safe and sound. Through targeted measures like Operation Cross Country, we can end the cycle of victimization."

Two teen girls from the Washington D.C. metro area were rescued by the FBI, including a 16-year-old girl from D.C. found in a Rockville motel. More than 160 others were rescued nationwide. 

"One was returned to their parents and one was taken to social services for help," special agent in charge Steve Vogt said.

Four pimps were arrested in Prince George's County and another was found in Baltimore County. They will face federal charges.

 

Human Trafficking Laws in Maryland

Maryland law directly addresses sex trafficking, without the need to show force, fraud, or coercion, through Md. Code Ann., Crim. Law § 11-303 (Human trafficking). Under Md. Code Ann., Crim. Law § 11-303(a)(1), it is illegal for a person to knowingly

(i) take or cause another to be taken to any place for prostitution;
(ii) place, cause to be placed, or harbor another in any place for prostitution;
(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution;
(iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation;
(v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm . . .
. . . .

 If the victim of the conduct described in Md. Code Ann., Crim. Law § 11-303(a)(1) is a minor, the defendant is guilty of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000, or both. Md. Code Ann., Crim. Law § 11-303(b), (c)(2).

Pursuant to Md. Code Ann., Crim. Law § 11-303(e), "A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection." If the offense involves a minor, that person also will be guilty, without regard to the use of force, fraud, or coercion, of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000 or both. Md. Code Ann., Crim. Law § 11-303(e)(1), (c)(2). 

Silver, Spring Maryland Criminal Defense Attorney | Maryland Robbery Laws

The FBI and the Metropolitan Police Department are looking for a suspect in connection with five separate bank robberies in the DC metro area.

According to a news release from the FBI, the man attempted to rob the Wells Fargo bank in the 3200 block of Pennsylvania Avenue SE around 12:30 p.m. Friday.

Later that day, he attempted to rob another Wells Fargo, this time in 1st Street NE. Minutes later, the FBI said he robbed a TD Bank in the 1200 block of 1st Street NE.

Officials say the same man is wanted in connection with a June 6 bank robbery, as well as an attempted bank robbery June 7. 

Authorities are offering a $5,000 award for information that leads to this man's arrest.

If you have any information about any of the robberies, please contact the FBI at 202-278-2000 or call the Metropolitan Police Department at 202-727-9099.

Maryland Robbery Laws

Maryland courts have adopted the common law definition of robbery. The common law defines robbery is, "the felonious taking and carrying away of the personal property of another from his person by the use of violence or by putting in fear." Under Maryland law, robbery is the taking of someone else's rightful property through force or through the threat of force. As a violent crime, robbery is prosecuted as a felony. The penalties for robbery in Maryland depend on the circumstances of the crime.

• Robbery - taking the victim's money or property through force or threat of force; maximum sentence of 15 years in prison.


• Armed Robbery - using a weapon (gun, knife, or other item that can be used as a weapon) to perpetrate a robbery; maximum sentence of 20 years in prison. Even if you only claim to have a weapon in your possession, your conviction could result in up to 20 years. Yes, an empty threat of a gun is enough to elevate the sentence.


• Carjacking - stealing a person's vehicle through means of force, threat of force, or weapon; maximum sentence of 30 years in prison.

A robbery conviction can lead to decades behind bars. Upon release, a convicted felon faces numerous restrictions, including prohibition from owning a firearm, lengthy probation, and limitation of employment and housing options. A felony conviction carries negative ramifications that can last a lifetime. 

You have rights and it is your attorney's job to help protect those rights throughout the criminal process. If you are charged with a robbery offense or carjacking, call the law offices of Portner & Shure today to discuss the details of your case and how we might be able to help. No criminal defense lawyer can guarantee results, but we can guarantee to fight tirelessly on your behalf. Our highly-experienced attorneys will be able to help you analyze your case and the evidence against you to determine what steps to take in mitigating the impact of the charges on your life.