Legal Blog - Legal Information
What Are Blue Laws? 
Thursday, July 23, 2009, 12:04 AM - Criminal
Posted by Administrator
Whether or not you are familiar with the term, you are almost certainly affected by them in your day-to-day life. Blue laws are laws which are not federally enforced (and have in fact occasionally been struck down as unconstitutional) but are commonly established on a local or municipal level to enforce moral and religious expectations. A common example of a blue law that we see frequently is the closing of liquor stores on Sundays.

History

Blue laws are actually some of the oldest laws in the United States, having been common in the colonial period, especially in the Puritanical strongholds of the Northeastern Seaboard. Such laws often required citizens to attend mandatory church services and conduct themselves in certain "moral" ways. It is this concern about morality that provided the etymological term "blue," which was an 18th century idiom for being overly concerned with morality.

Blue Laws Today

These laws persisted well into the 20th century, especially in southern states. For example, in Texas, it was illegal until the mid-1980s to sell housewares on Sundays. Even today, both Texas and Utah prohibit car dealerships for being open two weekend days in a row. And many states obviously still prohibit liquor sales on Sundays. Somewhat counter-intuitively, the affected businesses often support these laws, as they allow a day off without fearing the competition getting an advantage.

Common Blue LawToday

The following states prohibit the off-premises sale of spirits on Sundays:

* Connecticut
* Georgia
* Indiana
* Minnesota
* Mississippi (some counties are exceptions)
* North Carolina
* Pennsylvania (on a store-by-store basis due to license restrictions)
* South Carolina (with some exceptions for beer and wine)
* Tennessee
* Texas
* Utah
* West Virginia (beer and wine may be purchased after 1pm)

Legality Status

Because blue laws can be purported to have a religious bias, they can often be struck down if brought to a high-enough court. However, the remaining blue laws have usually been deemed constitutionally sound because many of the laws regarding stores being closed have their basis in a secular day of rest; i.e., they do not involve any sort of religious prejudice. This belief was established judicially by the Supreme Court in the landmark case McGowan v. Maryland, which upheld blue laws in the state which prohibited commercial activities on Sundays. The Court noted that while those laws were originally put on the books because of the Christian sabbath, they had since grown to provide a secular, uniform day of rest for citizens.

By: Joseph Devine
If you have more questions about the legality of blue laws, visit http://www.slaterandkennon.com
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What You Should Know About Gun Law For Toy Guns 
Wednesday, July 22, 2009, 11:52 PM - Criminal
Posted by Administrator
It may seem crazy that toy guns would have legal restrictions, but airguns and other toy rifles are often made to look startlingly realistic. Kids may be confused whether they're picking up their toy or a relative's loaded real rifle lying around the house. Insolent teens may point their toy guns at a police officer in a standoff, prompting them to get shot by real guns. There is a general federal gun law for toys, but the misuse of these weapons has prompted several local municipalities to create legislation of their own.

Under federal gun law, airsoft guns must be manufactured with a 6 mm orange tip at the barrel end. The packaging must inform consumers that tampering with the manufacturer logo or orange tipped barrel could result in penalties. Individuals who use these guns as though they are real firearms -- such as in a robbery or police standoff -- will be charged as if the gun were real. U.S. law stipulates that no one under 18 can purchase an airsoft gun. These laws were put in place to protect law enforcement personnel and teens from misunderstandings, injuries and deaths.

In California, the toy gun law stipulates that manufacturers must put an orange ring around the barrel to distinguish shiny toy guns from real weapons. They must also warn on their packaging that the modification of the guns may result in legal ramifications. This year, on New Year's Day, a retired Sacramento firefighter used a pellet gun to hold up a mini-mart and died in a standoff with the police.

A week later, another man was injured in Rancho Cordova when police responded to a 9-1-1 call and shot at a man holding a gun, which turned out to hold only pellets, not lethal guns ammo. In California, brandishing fake guns as real ones is punishable by a $100 fine for the first offense, $200 for the second offense and is considered a misdemeanor by the third offense.

Not all kids take local gun law edicts seriously, however. In 2006, a Longwood, Florida student painted over the orange tip and threatened students at school with his airgun. The sheriff called to the scene also thought the gun was real and, as a result, shot and killed the student.

Dangerous or not, there is no reason for kids to bring these toy guns to school. Most schools have rules sentencing the child to temporary suspension or even permanent expulsion for bringing airsoft guns on school property. Parents should ensure their kids abide by the laws to protect themselves from harm's way.

By: Mike Selvon
A whole world of information about the gun permit eagerly awaits you from Mike Selvon portal. Visit us for more insider tips on the gun license
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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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