Constitutional Rights

Traffic Citations in Myrtle Beach

Make no mistake about it; police presence is still rampant along the Grand Strand area. The media along with police forces made their presence known during the recent bike week events. But, police vehicles can still be found every single day patrolling Myrtle Beach and the surrounding areas.

Most traffic citations are infraction level offenses, which means they are less severe than misdemeanor or felony crimes. Traffic citations include: speeding, failing to use a blinker, following too closely, and driving without a valid license among others. But even though the penalties are often not as great, many people become distressed by receiving one of these traffic citations because it can affect their car insurance rates as well as their driving privileges.

Typically, a traffic citation requires that you pay a fine. But, some traffic citations can carry more severe penalties. For example, if you receive a traffic citation for driving on a suspended license, you can lose your license on a permanent basis. If your traffic citation involves injury to person or property, the penalties can become more severe as well.

Upon receiving your traffic citation, the officer will inform you about the specifics of the citation itself. You will be given the amount of the fee to be paid as well as a court date. You can choose to either send in a payment to the address indicated on the citation or you can choose to go to traffic court. If you choose to appear in traffic court, the judge will ask you whether you plead guilty or not guilty to the charges. An experienced attorney can help you determine whether it is worth fighting the charges given your particular circumstances. Often times, by just appearing before the judge, he will reduce the fine. However, it is harder to get the points reduced or removed completely from your record without an attorney.

Surely, the best advice Daniel Selwa can give you to avoid traffic citations is to drive safely and follow all traffic laws. But, sometimes it happens, after a long day at work or when you’re in a rush to make it to work, so the next best advice Daniel Selwa can give you is to consult an attorney regarding your traffic offense. Attorney Daniel Selwa has been to traffic court many times on behalf of his clients. He knows how to fight your traffic offense charges and will do everything in his power to help you with your traffic ticket.

Categories: Attorneys, Civil Litigation, Constitutional Rights, Personal Injury, Uncategorized | Tags: , , , , , , , , , , , , | Leave a comment

What are you thankful for? Representation by Counsel

This last week, many families celebrated the Thanksgiving holiday. You might have celebrated by having a feast with turkey, potatoes, and crescent rolls or by watching the annual Macy’s parade in your pajamas. No matter how you celebrated, for most, the Thanksgiving holiday represents a time where you celebrate all of the things and/or people you are thankful for. So what are you thankful for this holiday season? I would guess that many people would say they are thankful to be surrounded by good friends and family, good health, a place they call home, or even man’s best friend, a dog.  I know I am grateful for all of these things, most particularly, my wife and my dogs, Josie and Ellie. But, amongst the things I am grateful for, and perhaps you may consider this a little biased, I am truly grateful for representation by counsel.

The Constitution of the United States of America grants you a 5th and 6th amendment right to counsel.  Perhaps you have never had to use your right to counsel, and thus you don’t understand the importance of this right, but it is important to know that the right to counsel is a fundamental right that could save you from fines and/or imprisonment.  Invoking your right to counsel could also result in an award of damages and costs. A layperson can do their best to gain the legal knowledge needed to present their case but a layperson will find it more difficult to learn courtroom strategies that can help one win a case. A skilled lawyer comes equipped with the knowledge and ability to present a solid case.

To effectively invoke your right to counsel, you must do so unequivocally and in a timely manner. Although the police must make you aware of your right to counsel by reading you your Miranda rights, they are not required to ask you whether you would like to invoke your right to counsel. However, once you do invoke this right to counsel, police must respect your decision and police may not obtain statements to be used against you without your attorney present.  In recent past, case law has been trying to attack this right.

Your right to have an attorney proceeds with you throughout all the critical stages of a prosecution. Your attorney can help you throughout the criminal proceedings by informing you of what happens at each stage of the investigation and prosecution, advising you on what actions you should take, ensuring that the police do not violate your constitutional rights through their conduct, and in presenting your case in the courtroom.  In presenting your case, your attorney can investigate the facts and law of your case, interview witnesses, cross-examine adverse witnesses, object to improper questioning and/or evidence, and present legal defenses on your behalf.

It would be a difficult challenge and an uphill battle, to proceed pro se, meaning, without an attorney. In fact, a lot of attorneys hire outside representation to represent them when they are facing criminal charges, getting divorced, or protecting their rights. Use your fundamental right to counsel and consult attorney Daniel Selwa. Think of all the things you wouldn’t do yourself, perhaps you wouldn’t file your taxes without a tax consultant, or you wouldn’t hang lights in your house without an electrician. So, why would you confront the criminal process without an attorney who is experienced and skilled in the area of law to represent you?

Categories: Constitutional Rights | Tags: , | Leave a comment

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