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FAQ's

Frequently Asked Questions

Q:

What should I look for in hiring a lawyer to represent me?

A:

Finding the right attorney to represent you in your case is as easy as asking the right questions. Attorney Tim Mudd recommends that you explore these three issues before you decide to hire a lawyer:

  • What is your experience with jury trials? How many have you handled? What were the results?

  • Is criminal defense and personal injury law your only two areas of specialty, or do you handle other practice areas as well?

  • Do you promise you will be the lawyer who handles my case from start to finish?

There is no substitute for jury trial experience, and this is the most important question to ask a potential lawyer. Tim Mudd is not afraid to take his cases to trial, and never has been. Should your case progress to a jury trial, you will need an attorney with nothing less than the experience and the grit to battle in the courtroom for the right outcome. Tim Mudd has both.

Q:

I was recently arrested and then released “pending further investigation.” before being released, the police told me they were going to recommend to the prosecutor’s office that i be charged with either a felony or serious misdemeanor, but one way or the other i was eventually going to be criminally charged. Will i not face serving any potential time if i am only charged with a misdemeanor?

A:

Although most people consider felony offenses to be more serious, misdemeanor charges can also be serious charges involving serious consequences, including potential incarceration. The primary difference between a misdemeanor and a felony is the possible criminal sentence which can be imposed. Generally, an individual convicted of a misdemeanor can be sentenced to a term of imprisonment of up to one year, as well as face a possible monetary fine. But a misdemeanor conviction becomes part of your record, and a criminal record can become a problem with potential employers who have policies against hiring individuals with criminal histories.

A person convicted of a felony offense, on the other hand, can face a possible criminal sentence involving multiple years, and in some instances being sentenced to prison for the rest of his/her life. A person convicted of a felony can also face potential monetary fines which are generally much larger fines than those which can be assessed in misdemeanor cases. Even more so than with a misdemeanor, a felony conviction on your record can limit your ability to find or keep a job, to obtain credit, to rent a place to live, as well as potentially restrict where you can live.

Regardless of whether you have been charged with a misdemeanor or a felony, it is important that you consult with an experienced attorney in order to understand your rights and the potential consequences that would accompany a conviction. With more than 25 years of courtroom experience, contact attorney Tim Mudd to discuss a pathway to resolving your situation.

Q:

I hope I’m never involved in a wreck. But if I am, what should I do?

A:

After a car accident, most people experience some degree of shock and confusion regardless of the severity of the collision. Presuming you do not put yourself or your occupants in danger and your injuries do not prevent you from doing so, there are certain steps that should be taken in order to preserve evidence and to protect yourself:

  • Call the police from the scene.

  • Take photos of the accident scene, of all the involved vehicles, and of any tire marks and/or crash debris on the road.

  • Collect the insurance information from the other drivers – cellphone photos of insurance information is sometimes is the easiest way to gather this information at an accident scene.

  • See a doctor or healthcare professional, even if you believe your injuries aren’t disabling.

  • If you are injured from the wreck, have photographs taken of your injuries – at some point an insurance adjuster is going to want to see proof of your injuries.

  • When the insurance adjuster asks to take a recorded statement from you, contact an experienced lawyer like Tim Mudd before answering any more questions. The adjuster is not seeking that recorded statement to help you out.

Q:

What should I do if I am arrested or if the police want to speak with me about an investigation?

A:

If you are arrested, immediately assert your right to an attorney and do not give any statement to the police. If you have something you want to say to the police, do the biggest favor you can for yourself and let your lawyer do any talking for you. Talking to law enforcement officers without first contacting an attorney is almost always detrimental to the defense. Consulting with an experienced criminal defense attorney like Tim Mudd before an interrogation will help ensure that your constitutional rights will be protected. The police are trained experts in the use of interrogation tactics and techniques, and they have years upon years of experience is using those techniques and tactics to extract damming statements. Remember, any statements or comments you make to law enforcement can and will be used against you. Don’t talk and lawyer up!

Q:

Why should I hire a lawyer after a car wreck? There are people on the internet who say I can handle it all myself.

A:

One reason for hiring a lawyer is straightforward: Leverage. When you hire a successful trial attorney, you carry a big stick when dealing with the insurance company. The very real potential of your attorney taking the insurance company’s insured to trial and winning is important leverage to have. Since well before the Information Age, the insurance companies have been tracking which attorneys will settle their cases for less than reasonable value in order to avoid possibly going to trial, and which lawyers like Tim Mudd will take their cases to trial in order to recover for their clients the amounts that are truly fair and reasonable value for their injuries and losses. That kind of leverage doesn’t come from reading internet advice. Hiring an experienced attorney like Tim Mudd to represent you at this critical time in your life arms you with that leverage.

Another reason for hiring an experienced attorney is due to the potential for a larger settlement. Tim Mudd takes his personal injury cases on a contingency fee, which means that in the event you do not win your case, you will pay no attorney’s fees. His fee is contingent upon you winning your personal injury case, and he wants to obtain the best recovery for you and your case.