What Happens When Someone is Arrested?

Criminal Lawyer

The Arrest Process

During an arrest, law enforcement must follow certain protocol during and after taking a suspect into custody.

Procedures may vary slightly from one jurisdiction to another, but most arrest processes involve some standard language and information gathering. If the arrest does not hold to these standards, it could lead to some evidence being thrown out in court.

Skilled criminal defense attorneys know what to look for during the arrest process. Before an arrest, charges may already be filed against you. When this happens, a judge will issue a warrant for your arrest.

An officer will then attempt to locate you and arrest you, or ‘book’ you as it’s sometimes referred to. When you are brought into custody, if the police want to ask you any questions, then you must be read the Miranda Warning:

  •   You have the right to remain silent.
  •   Anything you say can and will be used against you in a court of law.
  •   You have the right to an attorney.
  •   If you cannot afford an attorney, one will be provided for you.
  •   Do you understand the rights I have just read to you?

The arresting officer will transport you to the police station for procedural requirements including taking your fingerprints, photos and attempting to question you. You do not have to answer questions until your attorney is present with you.

After Being Booked

Your case will land on the desk of the appropriate prosecutor’s office, where an independent decision is made whether charges should be filed. The prosecutor can change the crimes you’re being charged with if more evidence has been gathered. This process is usually done within 48 to 72 hours.

You will then appear with your lawyer for your arraignment. If you were not read the charges during your arrest, this must be the first time you’re hearing them.

The judge will ask if you plead guilty or not guilty. You may also have the opportunity to post bail and get out of jail while you await trial. Bail is like paying a deposit to the courts to ensure that you will make your future court appearances. If you make the appearances, you’ll get your money back.

Working with a Trusted Attorney

A skilled lawyer understands how the charges against you are disrupting the lives of you and your family. An attorney is there to advocate for you and negotiate the best possible outcome.

The attorneys at our firm have represented clients in criminal cases of:

  • Drug charges
  • Sex crimes
  • Theft and fraud
  • Violent crimes, including assault and battery
  • White collar crimes, including embezzlement
  • Weapons charges

The criminal justice system was not designed in a way for defendants to represent themselves. If you are facing criminal charges, you need an attorney you can trust to stand up and protect your rights. Call a criminal lawyer Baltimore, MD trusts today to discuss the details of your case.



Thank you to our friends and contributors at Greenberg Law Offices for their insight into arrests and criminal charges.

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How a DUI Charge Can Affect Your Family Life

Drunk Driving Lawyer

If you were recently charged with a DUI, you are likely under a great deal of stress. You’re worried about the possibility of going to jail and how a DUI may affect your future. A DUI charge can also negatively impact your family. DWI lawyer Fairfax, VA residents rely on have seen countless families spiral down after a family member gets arrested for a DUI.

Here are some of the different ways a DUI charge can affect your family life:

Financial Burden

Fighting a DUI charge can get extremely expensive. Between the court costs, lawyer fees and higher insurance premiums, you can easily spend thousands of dollars. If someone got injured because of your drunk driving, you can expect to pay even more money. All of these extra costs can be really hard on your family’s finances. After paying all the legal fees, your family may struggle to pay the mortgage, utilities, food and other necessities. Some of your family members may even be forced to get second jobs to make ends meet. Working all those extra hours to pay the bills can become stressful and cause your family members to feel resentment toward you.

Loss of Trust

If you were charged with a DUI, some of your family members may lost trust in you. They may believe you showed incredibly poor judgment getting behind the wheel while intoxicated and putting everyone’s lives in danger. Your family members might worry that you will continue to make poor choices and not trust you with certain things. This can cause a lot of turmoil in the family.


If you were arrested for a DUI, it may be announced in the local papers. If you live in a small town, people you and your family know may easily find out about the arrest. This can result in a lot of embarrassment for your family members. Others may ask your family about your DUI charge and they may be very embarrassed to talk about it.

Driver’s License Suspension

The judge may likely choose to suspend your driver’s license after a DUI charge. This means that you won’t be able to drive yourself to work and other important places. Instead, you will have to rely on your family members to drive you to the places you have to go. This can severely interrupt their daily schedules and make their life more difficult. Your family members may become frustrated if they have to drive you everywhere, putting a strain on your relationships with them.

If you were arrested for a DUI, it’s time for you to consult with a criminal lawyer as soon as possible. A DUI can negatively impact your life and it’s important to have someone with knowledge and experience on your side. A skilled criminal lawyer can build you a strong defense and improve your chances of a favorable outcome. Criminal lawyers have defended many other individuals in similar situations and are ready to assist you.



Thank you to our friends and contributors at Dave Albo – Attorney for their knowledge about DUI charges and criminal defense.

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If You Are on Workers Compensation, Hire a Moving Company

If you are using workers compensation benefits due to a workplace injury, do not think twice about hiring a moving company if you need to move your possessions. The alternative is to do it yourself but you have much at stake. If you move something large or heavy the following might result:

  • You could be hurt further. Or, in trying to protect the area of your body that is injured, you could injure yourself somewhere else.
  • You could be observed by someone familiar with your injury who could report you to the workers compensation board. For example, if they were to submit video of you carrying a large box, and yet you’re receiving benefits from a back injury, you could be accused of having faked your injury. Even if the box was nearly empty and did not weigh much, it might not appear that way and the argument could be that you should not have carried any size or weight box.

The Risk of Losing Your Workers Compensation Benefits

If you lose your workers compensation benefits because you were caught moving items that you weren’t supposed to be able to move, there might be several repercussions. Depending on the circumstances, the following scenarios could result:

  • You might not receive any additional funds in lieu of your wages, and you might have to pay back what you were already paid.
  • You might lose your workers compensation medical treatment benefits. This could result in you having to pay out of pocket for treatment and medications related to your injury.
  • You could be forced to return immediately to work, but if your injury makes this impossible, you might have to use your vacation time or take an unpaid leave of absence.
  • You could face the loss of your job because of your perceived unethical actions of having faked a work injury.

A Moving Company Can Move Your Items a Few Feet or Many Miles

Whether you’re moving across town, across the apartment complex, or you would like to do some rearranging in your home, call us for a free quote. We’re happy to do the heavy lifting for you. In addition, our moving crew is also trained to provide a variety of cleaning services. While you’re recovering from your injury, you may not be able to do much in the way of bending, reaching, or twisting. We can move your items and then clean up the dust and debris left behind. We can also clean your new home in advance of our movers delivering your items. We can alleviate your physical as well as emotional stress of moving and cleaning.

Call a Moving Company Today

If you’re suffering from a workplace injury, don’t take chances moving your possessions on your own. You could risk further injuring yourself as well as losing your workers compensation benefits. Speak with Washington, DC movers who can tell you more about how they can move your items across town or inside your home.



Thank you to our friends and contributors at Suburban Solutions for their insight into moving while on workers compensation.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensatioin cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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DUI in General

Driving under the influence and while impaired by alcohol or other drugs can affect your life in so many ways, as a DUI lawyer Towson, MD trusts knows all too well.  From potential incarceration, to supervised and intense probation, to suspension or revocation of your license, DUIs can affect your life for years to come.  Here is a general overview of DUI law in Maryland. It is important that you contact an experienced DUI attorney right after you have been charged. There are things you should be doing right away to help your chances of success, and some issues are extremely time sensitive.

Underage DUI

In order to try and end underage drunk driving, all fifty states have enacted a zero-tolerance law that applies to drivers who are not yet 21. If someone were to receive an underage DUI, there can be legal ramifications as well as there can be lasting effects on their education in the future. If you or your loved one has been charged with an underage DUI, you should consider working with an experienced DUI attorney. The legal limit varies by state but it is usually between .01% and .03%. The severity of the charge depends on the state because some states view a zero-tolerance violation as an infraction while others view it as a misdemeanor crime.

These charges are taken very seriously and it is important to have someone on your side to help fight for a lesser charge.

DUI Laws for those Over 21

Standard DUI: In every state, someone operating a motor vehicle, regardless of their age, can be charged with a standard DUI for driving while impaired by alcohol or drugs or driving with a blood alcohol level of .08% or higher. In Maryland, a standard DUI is charged as a misdemeanor.  Aggravating factors, such as an accident that kills someone, can make the case a felony.

Penalties for a DUI

As previously mentioned, the penalties for a DUI vary greatly depending on the state, as well as the facts of the case. Regardless of the state, receiving a DUI can result in any or many of the following:

  • Suspension, revocation, or points on your license
  • Fines between a couple hundred to a couple thousand dollars
  • Time in jail of up to one year
  • Community service
  • Installing an ignition interlock device
  • Substance abuse treatment or classes

School Opportunities

For many scholarship or college applications, you have to state whether you have been convicted of a crime. A misdemeanor conviction is seen as a crime, so you will have to explain that on your application. Typically having a DUI conviction will not make you ineligible for the scholarship or to the college, however, it is one of the factors that are considered.

Seek Legal Help

If you have been arrested for an underage DUI, it is important that you speak with an experienced attorney. A dedicated team of DUI lawyers can help walk you through this process. It is important to be open with your attorney regarding any fears you have on how this conviction could negatively impact your future plans. Contact a criminal defense attorney to schedule a consultation.



Thanks to our friends and contributors from Greenberg Law Offices for their insight into DUI cases.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many DUI cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Is Reckless Driving a Crime?

A person can be charged with reckless driving if they operate a vehicle in a way that creates a risk for others. If a person is charged with reckless driving, it is not a traffic violation, but is actually considered a criminal offense, classified as a misdemeanor. The assistance of the top criminal defense attorneys Fairfax, Virginia residents rely on may be beneficial.


How is reckless driving different than other types of violations?

When a person is charged with a traffic violation, there are no circumstances that are considered when determining whether that driver is guilty or not. For example, a driver is speeding if they are traveling over the posted speed limit. They are guilty of running a red light if they do not stop their vehicle when the light turns red.


Reckless driving charges are different and a conviction is dependent on the circumstances of the case. This is because when a person is charged with reckless driving, they go through the same criminal process as other types of crimes. They are arrested, read their rights, and are required to show up in court.


How is reckless driving proven in court?

There are several issues the court will examine when determining whether or not a driver was guilty of reckless driving. These include:

  • State of mind: Reckless driving goes beyond just being a negligent driver or making a mistake. There must have been a willful or wanton disregard for safety on the part of the driver. A prosecutor must prove that the driver knew or should have known that their behavior or action created a danger to those around them.
  • Situational factors: There are many factors the court can consider when determining guilt or innocence of the driver, including whether the driver was familiar with the area they were traveling in, whether were other people or animals in the area, what were the weather conditions, what time of day this occurred, and more.
  • Risks: All a prosecutor has to prove is that the driver’s behavior caused a potential safety risk, not that there was anyone actually in danger at the time. The fact that the driver created the risk is enough to qualify as reckless driving.
  • There are some states that have passed laws which name certain driving behavior as automatic qualifying as reckless driving. These are referred to as “pro se” behaviors. These may include violations such as:
    • Passing a school bus
    • Racing with another vehicle
    • Traveling a certain speed over the posted speed limit.


What are the penalties if a driver is convicted of reckless driving?

The penalties for a reckless driving conviction depends on the individual’s driving and criminal record. Each state sets its own penalties, but these generally include:


  • Fines: This is the minimum penalty you can receive, however, fines for reckless driving are usually hefty and can range from hundreds to thousands of dollars, depending on the circumstances of your case.
  • License suspension: Many states have a mandatory license suspension, even for first time reckless driving offenders. Multiple traffic violations can result in a much longer suspension term.
  • Probation or jail: Misdemeanor convictions can result in a jail sentence of up to 12 months. The court has the discretion to hand down a jail sentence if the offender has an extensive poor driving or criminal record. In some cases, the judge could sentence the offender to probation instead of jail.



Thank you to our friends and contributors at Dave Albo – Attorney for their knowledge about reckless driving charges and criminal defense.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many reckless driving cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Drunk Driving Attorney Newark

Drunk Driving Attorney Newark

Drunk Driving Attorney NewarkIf you have recently been arrested for a drunk driving offense, you may be looking for legal counsel. The attorneys at Rispoli & Borneo, P.C. have over 20 years of experience defending people just like you against DUI charges. We know the law, we know the Newark courts, and we know how to provide you with competent representation.

If this is your first DUI charge, you may be looking for basic information about your arrest before you contact a drunk driving attorney in Newark. First, you should learn the anatomy of the charges against you:

1. The Traffic Stop.

The police officer who stopped you must have done so lawfully. Typically, this means that he or she must have witnessed you violating a traffic law, such as running a red light or stop sign, or he or she must have witnessed you driving erratically.

2. The Field Sobriety Test.

After pulling you over, if the officer thinks that you are driving under the influence of alcohol, he or she may ask that you take a field sobriety test. This is often based on the smell of alcohol or on observations such as slurred speech, confusion, or other indicators of impairment. There are several different field sobriety tests and it is important that you note exactly which test or tests you take during your stop. Some field sobriety tests are scientifically more reliable than others, and therefore more likely to be admissible in court. Some examples of commonly used field sobriety tests include standing on one leg, walking in a line, and touching your finger to your nose. You may also be asked to recite numbers or letters in a specific sequence, such as counting backwards from 100 by 7.

 3. The Chemical Test (Breathalyzer).

If you did not perform well on a field sobriety test, you may be asked to take a breathalyzer test to determine your  blood alcohol concentration. You may request to take another chemical test, however, such as a urine sample or blood draw test (neither of which can be administered on the roadside — unlike a breathalyzer). Generally speaking, you cannot refuse to take one of these tests without incurring penalties, such as a mandatory driver’s license suspension. The reason for this is that in exchange for a license to drive, you have given your implied consent to submit to a chemical test under certain circumstances.

Following these three steps, the police officer may determine that there is probable cause to make an arrest. A police officer may also be able to make an arrest based on other observations he or she may have made during his or her interaction with you during the traffic stop. Your drunk driving attorney will likely want to know as many details about this traffic stop as possible.

Contact Rispoli & Borneo, P.C.

As you can see, the details of your arrest are important and can affect what evidence is admissible against you. More broadly, they can even affect the likelihood of a conviction. Consider reaching out to a qualified and experienced drunk driving attorney Newark residents trust to make sure that your rights are protected. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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NJ Bus Driver Involved in Fatal Crash Ineligible to Drive

A bus driver who was part of a fatal crash was not eligible to drive shortly before the accident, as covered by North Jersey.

The tragic crash happened on May 17 in the Town of Mount Olive, New Jersey. A school bus with teachers and students from a Paramus middle school driven by Hudy Muldrow Sr. as part of a field trip was struck by a dump truck as Muldrow attempted to make an illegal U-turn on a median after missing an exit. More than 40 people on the bus were injured, and the crash claimed the lives of 10-year-old Miranda Vargas and Jennifer Williamson-Kennedy, a teacher.

Muldrow was charged with vehicular homicide in connection with the two deaths, and it was revealed at a hearing that he was not cleared to drive for a time before the crash occurred. Documents introduced at the hearing from the state’s department of education show that the superintendent of Paramus schools was told in December that Muldrow was not eligible to drive and that the district was asked to comply with this ineligibility determination.

Records obtained by local news agencies show Muldrow was decertified by the state’s education department in December of 2017. Another letter, dated in December, shows that the superintendent was told Muldrow’s endorsement as a bus driver had been revoked by the state’s motor vehicle agency and that his medical certification was also expired.

It is not known why the agency suspended the bus driver’s endorsement. According to state guidelines, a bus driver can lose his or her endorsement due to a disqualifying medical condition or because of a criminal history. Muldrow did end up renewing his medical certificate at the very end of the year, and he received his endorsement back in January. The district has since said they believed it was his expired medical certification that caused the endorsement suspension, but a letter to Muldrow from the motor vehicle department about the issue did not seem to indicate that.

A closer look at Muldrow’s driving history revealed his license has been suspended a total of 14 times, most recently in December 2017. While six of these suspensions involved unpaid speeding tickets, the bus driver also received eight citations for speeding and had been in trouble for careless driving in the past. Should he be convicted of these charges, he will not be allowed to drive a bus ever again, according to the state’s department of education and its motor vehicle agency.

Many people are now questioning the school district’s failure to confirm why he lost his bus driving license privileges just months before this tragic accident. It does not appear to involve his medical status, but it could be related to the outstanding speeding fines.

Muldrow was initially charged and jailed, but he has since been released. His next appearance in court is scheduled for June.

Bus accidents can have a terrible toll, like the one in Mount Olive. If you’ve been in a bus accident, contact an attorney, like a bus accident lawyer Denver, CO turns to, about your case.



Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many fatal crash cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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Discrimination for Work Related Injuries

Experiencing an injury while at work can be incredibly troublesome. Not only will you be required to take time away from work and wages to recuperate, you may have suffered from an injury that permanently disables you. Even worse, if you are retaliated against in the workplace in the form of a demotion, pay cut or even job loss, you may have experienced employment discrimination. Your next steps may be to contact a workers’ compensation attorney if you believe that you have been retaliated against. They can be helpful in reviewing your case to determine if you can take legal action.

Workers’ Compensation & Employment Discrimination

Workers’ compensation is a benefit that is carried by a majority of employers in the event that an employee is injured at work. When an employee receives workers’ compensation benefits they are provided with:

  • A portion of their paycheck while they are out of work
  • Job protection during the time that they are out of work
  • Coverage for all medical expenses related to the injury (both past and future)

It is important to note that once you agree to workers’ compensation, in most situations you waive your right to file a lawsuit against your employer. You will want to make sure you consult with a workers’ compensation attorney prior to making this agreement with the insurance company. You will want to ensure that you are making the decision that is right for you.

A number of people may not take action if they are injured in the workplace. In some cases, for fear that their employer will retaliate against them in some way. This is considered a form of discrimination and is a direct violation of your rights. Employment discrimination is when a person is treated differently in the workplace because of one or more of the following:

  • Age
  • Pregnancy
  • Retaliation
  • Sexual Harassment
  • Race
  • Ethnicity
  • Religion
  • Disability

If you believe you have experienced some form of employment discrimination, it may be in your best interest to consult with an attorney.


Retaliation is when an employer takes revenge for an employee filing a complaint or engaging in an activity that they have specific protections around.  Retaliation laws are in place to help provide assurances to employees from experiencing adverse effects related to coming forward for filing complaints of sexual harassment, employment discrimination and workers’ compensation. Retaliation in the workplace can include a variety of things, for example:

  • Wrongful Termination
  • Harassment
  • Job duties becoming for difficult
  • Lowered Wages
  • Demotions
  • Poor performance evaluation

Proper Next Steps for Retaliation Cases

A Brooklyn workers compensation lawyer can ensure that you take the appropriate next steps in a retaliation case. You will need to determine whether or not you would like to take legal action. You will want to gather as much evidence against your employer as possible. More specifically, you will need to prove that your employer retaliated against as a result of your workers’ compensation claim.

It can be frustrating to experience an injury at work to then find that your employer is treating you unfairly as result. It’s hard to figure out how to advocate for yourself and protect yourself from these sorts of infractions. With the assistance of an attorney who is experienced in this area of practice, your interests can remain at the forefront. They can help you manage the complexities of the law and advocate for your interests.  



Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work related injuries.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many work related injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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FAQ: Workers Compensation Simplified

Those who have just submitted a workers compensation claim may be wondering what exactly happens next. An employee may fear retaliation from their supervisors for filing such a claim, and may not be sure whether they can see their doctor instead of the work-assigned physician. These are both very legitimate thoughts and concerns. In the article here, we have answered many of the common questions a worker may have about employee injury benefits. Read further for more information about the workers compensation process.

Does workers compensation cover injuries, and illnesses too?

Workers compensation benefits can cover both injuries and illnesses that occurred as a result of the work environment or task. This benefit program was designed in a way where it does not matter who was at fault, the employee is to be financially covered for medical expenses related to the condition. However, there is an exception to this rule. If an employee had self-inflicted the injury, or was under the influence when the accident happened, benefit coverage may be at risk. A worker’s injury claim may be denied if either of these factors contributed to the injury or illness.

What should I do if my supervisor is treating me differently?

It is unlawful for a manager to treat an employee in a negative way after filing a workers compensation claim. This is the reason why many workers are afraid to report a work-related injury, out of concern they may miss out on a promotion, raise or other opportunities. An employee may try to shrug off a work incident even when the injury requires medical attention, out of fear of retaliation. Unfortunately, this untreated injury or illness may worsen over the days or even weeks that follow.

Can I see my own primary doctor about the work injury?

Whether a worker can see their own personal doctor about a work injury depends on the laws for that state. An employee may be able to get a second opinion from their primary doctor after the work-assigned doctor has performed an exam. It can get tricky if both doctors do not agree on the same diagnosis or treatment plan. A work-assigned doctor may be biased and try to save your employer money by minimizing your condition. If this were to happen, a worker may want to speak with a legal professional for advice right away.

When should a worker consider meeting with an attorney?

If for any reason an employee feels that something is suspicious about the way their workers compensation injury claim is being handled, seeking a work injury lawyer Hollywood, FL trusts may be a good idea. It is recommended a worker contacts an attorney if he or she is experiencing any of the following during the workers compensation benefits process:

  • The employee was terminated soon after the injury claim was filed
  • The employee is experiencing mistreatment from upper management
  • The employer is trying to discourage employee from filing injury claim
  • The employer did not take proper steps when reporting accident
  • The employer did not file the workers compensation paperwork timely
  • The employee did not receive a fair amount of benefit coverage for the injury



Thank you to our contributors at Law Offices of Franks, Koenig & Neuwelt for their knowledge about workers compensation law.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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New Jersey Employee Misclassification Task Force

Independent contractors are a very important type of worker these days, as a kind of employment classification that is rising in popularity, as an employment lawyer trusts can attest. However, it seems sometimes employers take advantage of this classification for their own benefit. Recently, there have been some important developments in New Jersey regarding the classification process, and how employees and employers need to respond.

On May 3, the governor of New Jersey – Phil Murphy – set up the Task Force on Employee Misclassification. The task force’s goal is to – according to the governor – “crack down on” contractors that “engage in 1099 fraud.” The task force is part of a larger set of measures that are designed to protect employees. There are twelve members on the task force from different administrative agencies in New Jersey. The measure’s purpose is to help workers in New Jersey by preventing companies from being able to misclassify them and get away with it.

What is employee misclassification?

Employee misclassification happens when people who are actually “employees” – not “independent contractors” – do not get the valuable benefits they should be getting as workers with employee status. Independent contractors, on the other hand, do not get such benefits. These benefits include: family and medical leave; unemployment insurance; and overtime compensation. Hence, by creating this task force, the governor is saying that he is going to make sure that employers are properly classifying employees, thereby providing these employees with more protections and advocacy.

What is the task force going to do to fight misclassification?

The Executive Order that the governor used to create the task force mandates that the group is to: (1) evaluate misclassification enforcement; (2) develop best practices for generating information around misclassification and efficiently enforcing the law; (3) produce recommendations for compliance; and (4) review the laws that exists.

What are the implications?

Both employees and employers ought to know about this changing landscape in New Jersey. The governor is signaling that he means business when it comes to enforcing the law and developing best practices around misclassification. So, employers should make sure their classification processes are legitimate under New Jersey rules, and employees should make sure that they are receiving all of the benefits they deserve under the law. The governor wants to make sure everyone is on notice of the changes, that the laws around this issue will be enforced, and might make an example out of a non-compliant company.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many employee classification cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

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