Legal Blog - Legal Information
If Under Arrest 
Tuesday, June 23, 2009, 12:37 AM - Criminal
Posted by Administrator
Being arrested can be an emotionally overwhelming experience. There is the embarrassment of being taken away in handcuffs, the fear of what will happen to you and sometimes just shock and confusion. It is in this distressed state that you are required to make some of the most important decisions of your life.

It is critical do not speak to anyone under any circumstances until you have legal representation! The prosecution is not interested in protecting your rights. Their single interest is in getting a conviction, and you would be surprised the tactics that they can legally use to build a case against you.

Your first decision will be whether to hire a private attorney or use a public defender. If you cannot afford a private attorney, a public defender will be appointed for you. However, as with anything if life, you get what you pay for. Public defenders are typically burdened with heavy case loads and work for the government -- the same institution that pays for the prosecution. And, the government spends a lot more money on prosecuting crimes than on defending the accused.

Know Your Rights!

You have the right to legal representation.

Do not even consider defending yourself. And do not let anyone talk you out of speaking with your attorney before you speak with anyone else.

Even if you are not sure if you need or can afford a private attorney, we strongly urge you to speak to a criminal defense attorney with experience in your type of charges and with real trial experience. We are available 24 hours per day to speak with you, but we also encourage you to speak with other law firms to make sure you are comfortable with your legal counsel.

IMPORTANT! Although the court is required to provide you with a free public defender, this may not happen until shortly before your trial. It is unacceptable to go though the pre-trial process without legal representation. One of the benefits of a private attorney is that you can control and start your defense immediately -- before the case against you gets any stronger.

Other Important Rights

1. You have the right to a fair and speedy trial.

2. Right to be provided with a statement of the specific charges against you.

3. Right to cross-examine and confront witnesses.

4. Right to testify on your own behalf.

5. Right to remain silent.

6. Right to use the court's subpoena power to compel witnesses to testify.

7. Right to a Jury Trial (in most cases)

8. Presumption of innocence.

By: Sonia Pascher
There are seemingly infinite loopholes in the system that can be used against you. We strongly encourage you to be vigilant in the defense of your rights and take advantage of the benefit of an experienced and aggressive defense firm such as Sonia Pascher. Call (877) 525-3908 NOTOJAIL.com
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What is Aggravated Assault? 
Tuesday, June 23, 2009, 12:26 AM - Criminal
Posted by Administrator
When a person commits a crime of violence against another individual, he or she is often charged with assault. The level of violence and the intention of the individual often determine what type of assault charge will be filed, whether it is simple assault, assault and battery, or aggravated assault. Aggravated assault may also include assault with a deadly weapon and is a serious crime in most states.

Aggravated assault is often defined by the individual's intentions, especially if the person intended serious harm to another individual. Murder, rape, and battery are often strong enough intentions to warrant a charge.

Another factor that is often considered is the extent of injury suffered by the victim of an assault. Attacks that result in serious injury may be enough to justify an aggravated charge. If a deadly weapon was used at any time during the assault, the aggravated tag can usually be applied.

Common Distinctions

In order to prove aggravated assault, the prosecution usually has to:

• The assault was committed with intent to cause serious physical injury
• A deadly instrument or weapon was used
• The victim's capacity to resist was impaired by restraints or bonds
• The assault caused temporary or permanent disfigurement
• The assault was committed after the individual entered the victim's home
• The assailant was 18 years of age or older and the victim was 15 years or younger
• The victim was a police officer, firefighter, EMT, or any other individual engaged in official duties
• The victim was a teacher, prosecutor, or health care practitioner engaged in official duties

Aggravated assault is a serious crime and often carries heavier penalties than simple assault or battery charges. Individuals charged often face significant jail time if found guilty. It is important that anyone who stands accused of assault consult a legal professional to discuss their options and formulate their defense.

By: Joseph Devine
For more information, visit the website of Milwaukee criminal defense attorneys Kohler & Hart, LLP.
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Promoting Your Talents With Creative Commons Licenses 
Tuesday, May 19, 2009, 06:14 PM - Intellectual Property
Posted by Administrator
Most software programmers, photographers, game developers, and artists use licensing as a means of generating additional income from their hard work. Because the expenses associated with these pursuits often leave technical and creative professionals without a lot of revenue, licensing is usually done as a way to make additional money. However, there is one way that licensing is used that is more for promotional purposes than for income generation purposes. Many creative professionals are now allowing members of the public to download their works, but use them in a limited manner, through Creative Commons licenses.

Create Commons licenses take into account the basics of copyright law, but offer a way for users and creators to balance their needs. Instead of creators maintaining all control lest they be taken advantage of, Creative Commons licensing allows creators to dictate how users can use their works. This gives users a means of using the works of other people without forcing the creators to give up all of their copyrights. Most people think of licensed Creative Commons works as being online. Many of these licensed works are found online, but offline works can also be licensed under the Creative Commons. When a Creative Commons license is created, anyone is able to use the work as long as they use it within the parameters of the license agreement.

There are several ways a creator can control his or her work under a Creative Commons license. The attribution non-commercial no derivatives license is the one that most restricts how a work is used. This type of license allows users to download and share a work with others, provided that they do not edit the work in any way. Additionally, the creator must be credited any time the work is used or shared. The attribution non-commercial share alike license is slightly different. This license allows users to download and share the work, and it also allows them to edit it, provided that the user is not using the work for commercial purposes (e.g. editing and reselling the work as his own).

The attribution non-commercial license is slightly less restrictive. While users must credit you as the creator of the work, they can create derivative works by editing your original work, provided they are not using the derivative work for a commercial purpose. Attribution no derivative licenses allow users to download and share your works freely, for commercial or non-commercial purposes, provided they credit you and do not change the work in any way. An example would be of a photo that is sold online. The user would have to credit the creator and would not be allowed to edit the photo in any way.

Many people don't understand why creators would want to license their works without receiving any monetary compensation. The beauty of Creative Commons licensing is that the creator receives credit every time the work is shared or used. This can create excellent opportunities for the creator that he or she would not have received had they simply licensed the work to a user for money. For example, a magazine editor may see a photographer's work and ask him to do a paid photo shoot for an upcoming issue of a magazine. These additional opportunities make Creative Commons licensing an attractive option for creative professionals.

By: Gary Goldstein
Gary Goldstein is a top rated Hollywood movie producer! Check out our web site today at http://garywgoldstein.com/ to learn more about the screenwriting classes, business coaching, and success secrets teleseminars we offer.
Recipe For Trouble - Trademarks and Copyrights 
Tuesday, May 19, 2009, 06:08 PM - Intellectual Property
Posted by Administrator
After much thought (or maybe just short inspiration), you have come up with the perfect name and slogan for your company. You start printing up business cards and using it on all your printed materials and the web. One day you are out surfing on the web and you see it. Your company name! Someone else is using that great name you came up with. What is even worse is you notice that little "TM" sign which means they have trademarked that name, which means you can't use it. Not good.

Then you write a really great article. You publish the article (either online or in print). A few weeks (or a few years) later, you find yourself reading your article. The only problem is that there is someone else listed as author! What can you do?

What can you do when you get that great name to protect it? Do you just have to worry about your company name or should you worry about product names too? What is the difference between a trademark and a copyright? Is this going to cost me a fortune? Do I need a lawyer?

Copyrights protect creative works. That includes articles, songs, books, websites, etc. You can file copyrights yourself. The process (as well as lots of other information) is found at the US government copyright site. You can file online. You don't need a lawyer to file. However, if your business focuses on copyright-heavy works (i.e., the music business), you may want to hire a lawyer to make sure all your bases are covered. The copyright takes effect on the date the Copyright Office receives "all required elements in acceptable form." So, even though it may take a while for the office to process your copyright and mail the certificate, you are still protected. There is a small fee, but it can add up quickly if you are filing a lot of copyrights. Again, if you are not comfortable doing the filing yourself or there is something else out of the ordinary for your business, consider using a lawyer.

According to the American Heritage® Dictionary, "a trademark is a name, symbol, or other device identifying a product, officially registering and legally restricted to the use of the owner or manufacturer." Remember that great name that you thought up for your company? If you put a trademark on it, no one else can take it. Filing for a trademark can be a little more complicated, mainly because you have to do a little research and make sure that no one else has trademarked the name. You can still do it yourself. The information can be found at the US government patent and trademark office. Again, there are fees involved and the process can take several months. You can file a trademark for something, even if you aren't using it yet. For example, you might file a trademark application for a product that you are developing, but haven't marked yet. However, at some point you have to prove that you will actually use the trademarked name or symbol, or you risk losing the trademark. A description of the entire process can be found on the trademark page. Again, if you are uncomfortable with the process or if you think there may be issues involved with obtaining the trademark (i.e., you know there is someone else that would like to use the name and/or symbol), you might be well advised to use a lawyer.

Although it takes a little time, effort, and money, you should consider protecting your ideas and your business, particularly if you are going to be on the web or have a reach beyond your local area. You may also want to do a search to make sure any names or symbols you might be thinking of using haven't been trademarked by anyone else before you start using them extensively. At no time is the article to be in the lieu of legal advice from a lawyer. When in doubt check with a lawyer.

By: Robin Rushlo
"Dr. Robin", the well known MLM Radio personality . He is a nationally recognized expert in the network marketing business.Dr. Robin is the current host of his radio show, "Networking with the Blindguy" with up to 4.7 million listeners daily. For more informatiom about DR Robin go to http://robintrushlo.com. Also time to help you health. http://gobewisenow.com. DR Robin will help you with health and weightloss. He has lost over 200 lbs himself.
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