http://legalblog.resourcesforattorneys.com/index.php Copyright 2009, Staff at Resources For Attorneys Staff at Resources For Attorneys en-US SPHPBLOG 0.4.8 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090623-003758
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]]> Criminal http://legalblog.resourcesforattorneys.com/index.php?entry=entry090623-003758 Staff at Resources For Attorneys Tue, 23 Jun 2009 05:37:58 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=06&entry=entry090623-003758 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090623-002611
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.]]> Criminal http://legalblog.resourcesforattorneys.com/index.php?entry=entry090623-002611 Staff at Resources For Attorneys Tue, 23 Jun 2009 05:26:11 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=06&entry=entry090623-002611 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-181449
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.]]> Intellectual Property http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-181449 Staff at Resources For Attorneys Tue, 19 May 2009 23:14:49 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=05&entry=entry090519-181449 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-180850
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.]]> Intellectual Property http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-180850 Staff at Resources For Attorneys Tue, 19 May 2009 23:08:50 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=05&entry=entry090519-180850 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-175707
In a nutshell, Trademark Law boils down to protecting anything that can signify or indicate that certain goods or services are coming from a particular person or business. And that "anything" can be the pink color of home insulation, the cool shape of a vodka bottle, or the unique interior look of a taco restaurant. In the first instance you could be sued for trademark infringement by Owens-Corning® if you were to purchase ordinary home insulation, dye it pink, and sell it under your own mark. You could be sued by Taco Cabana® if you were to arrange your own restaurant's interior to look like that of a Taco Cabana® restaurant. And you could also be sued by Absolut Vodka® for selling your own brand of alcohol in a bottle closely resembling the shape and curves of an Absolut Vodka® bottle.

A couple other examples of Federally registered trademarks is the sound of a Harley-Davidson® motorcycle and the AT&T® ring you hear in their commercials. For some people the sound exploding from the muffler of a Harley-Davidson® is jarring enough to give some an ear infection, but to others it is a sweet enough sound to merit a gold seal from the United States Patent and Trademark Office (USPTO). And the short and simple rings at the end of an AT&T® commercial supposedly signifies to the public the service provider for the telecommunications giant.

For these reasons, a business owner who desires to begin branding his or her goods or services should expand their understanding of Trademark law beyond that of just words. By seeing their Business Attorney who may refer a qualified Patent and Trademark Attorney, a business owner may be able to craft an intelligent branding campaign. The business may also be able to navigate the minefield of possible trademark infringement issues of which they might otherwise be aware.

A smart branding campaign should probably start with a word mark and be followed with the following: font styles, colors of the letters, logos, catchphrases, a consistent use of 1-2 colors throughout their stores, products or invoices, and perhaps scents, sounds, or trade dress where sensible and appropriate. Of course, every business will have their own special needs and many of these particular types of trademarks may not work or be applicable. However, it does not hurt to at least understand your possibilities from the start. And perhaps, more importantly, how to know where the line is to avoid infringing someone else's mark.

In order to make sure you are getting the most from your branding strategy, and whether or not a competitor's trademark may pose a possible conflict with your proposed mark, please consult your business attorney with substantial trademark experience or a USPTO registered Patent Attorney.

By: Andrew Schroeder
My name is Andrew Y. Schroeder, Esq., US Patent Attorney based in Los Angeles. Licensed to practice before the United States Patent & Trademark Office and the State Bar of California.
The Los Angeles Business Law Attorney
Patent Lawyer Los Angeles]]> Intellectual Property http://legalblog.resourcesforattorneys.com/index.php?entry=entry090519-175707 Staff at Resources For Attorneys Tue, 19 May 2009 22:57:07 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=05&entry=entry090519-175707 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090429-014547
The law further divides these crimes into two categories, known as first and second degrees. It is important for citizens to understand the differences between these categories, as their causes and consequences are very different.

First Degree Murder

This charge applies in cases where the victim's death was premeditated, meaning that it was planned out beforehand. For example, a man who walks out of a grocery store annoyed with the level of service he received is guilty of first degree murder if he then goes home, pawns his watch for a gun, and then figures out the chief offender's schedule before going to the grocery store to shoot the clerk that upset him. Because he intentionally planned out his attack and thought everything out in advance, he can faces charges in the first degree.

This kind of offense can also be committed during the commission of another felony. This is part of the felony murder rule and can make a person eligible for the harshest legal punishments if he or she killed a person during felonies like arson, robbery, burglary, kidnapping, or rape. So, if one were to intentionally set another person's house ablaze and someone inside dies as a result, then the fire-starter can be charged in the first degree.

In Wisconsin, this terrible offense is considered to be a Class A felony. It is punishable by life in prison.

Second Degree Murder

This term applies when the death in question was intentional but not premeditated. It is not considered as grave as more thought-out crimes. This legal term also encompasses those forms of bloodshed that result from dangerous, reckless behavior on behalf of the killer. An example of second degree murder would be physically assaulting another person with the intent of seriously injuring him or her, but instead actually killing the victim. Another example would be accidentally shooting and killing the person next to the intended victim.

In Wisconsin, this is considered a Class B felony. It punishable by incarceration by up to 60 years.

By: Joseph Devine
To learn about the legal options available to a person accused of one of these major offenses, contact Milwaukee homicide defense attorneys Kohler & Hart, LLP.]]> Criminal http://legalblog.resourcesforattorneys.com/index.php?entry=entry090429-014547 Staff at Resources For Attorneys Wed, 29 Apr 2009 06:45:47 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=04&entry=entry090429-014547 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090429-013930
After their arrest for a DWI, many people are angry, upset, scared, and confused. They are often embarrassed and would rather not deal with their situation. The great majority of the time, they are afraid to talk to their family or friends because they do not want to be judged. So often they end up doing nothing but waiting and hoping it will all go away. The truth is that the DWI can be a nightmare if it is not dealt with quickly and with action.

1. Time can be your friend or your enemy depending upon how it is used.
2. Inactivity after a DWI case is always a bad idea.
3. The problems with waiting to hire an attorney can only magnify over time.

Many DWI cases are successfully defended based upon learning the details of the stop and the arrest. A Successful Defense is always in the details.

• The defense of the case may require an investigation of the scene.
• The defense of the case may require a discussion with potential witnesses.
• The defense of the case may hinge on the memory of the events and activities before and after the stop and arrest.
• The defense of the case requires immediate investigation because memories fade, roadside conditions can change daily due to weather, videotapes can get erased, and witnesses can move or prove difficult to locate.
• The defense of the case requires pinpointing timelines. When each and every event occurred can be crucial, such as, when the stop occurred, when statements were given, when the Miranda warnings were given, when the Field Sobriety Tests were given, and when the arrest was made.
• The defense of the case may require a thorough and detailed analysis of how the Field Sobriety Tests were instructed and how they were performed.
• The defense of the case may require analyzing how the Police Officer recorded his observations, the words he used, his notes about the stop and the arrest, and his filling out police forms and records. These pieces of evidence can all prove significant to a successful defense.
When should I hire a DWI attorney?

Immediately. New York law requires that you have 45 days after your arraignment to file all Pre-trial motions. An experienced DWI attorney will immediately demand that the prosecution hand over all discovery documents and all proof that they are going to use against you. If you fail to hire an attorney and you do not file any pre-trial motions (challenging the probable cause of the stop, the probable cause of the arrest, and the voluntariness of your statements), you then give up your right to fight the stop, the arrest, and all evidence that came from them.

In short, the sooner you act, the better chance I will have in providing the best DWI defense.

2. Not hiring an experienced and local DWI attorney.

My practice focuses on Ithaca and Tompkins County DWI cases. The majority of my retained clients are Tompkins County New York DWI cases. New York DWI laws are complicated, and techniques in defending DWI are constantly changing. That is why it is important to find a lawyer who stays on top of the current DWI laws, trends, and what occurs in Tompkins County Courts everyday. I am that lawyer.

Furthermore, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues. This assures I always have the most current, up-to-date information to benefit my clients.

3. Not taking the matter seriously.

New York State has no expungement law so if you are convicted, this is a charge that will follow you for the rest of your life. In fact, a conviction will stay on your record even after your death. The additional insurance charges alone could cost you thousands of dollars. Also, a NY DWI or DWAI charge will be used as a predicate offense if you receive another within a 10 year time period. For this second DWI, you will most likely be indicted as a Felony DWI, class E which could mean a real possibility for prison time.

4. Continuing to drive after your license has been taken away.

No need to tempt fate. If your license has been taken, suspended, or revoked, you are only hurting yourself if you continue to drive. "Driving while license invalid" is a misdemeanor in New York State, and punishable by up to a year in jail. Not to mention the complications it will pose in your DWI case.

5. Not taking full advantage of your constitutional rights.

This usually happens when you try to handle the case on your own, or hire an attorney not well versed in DWI laws. There may be numerous areas of your stop and arrest that were unconstitutional. Defense Pre-trial motions
must be filed to:

• Contest the constitutionality of the stop
• Contest the constitutionality of the probable cause to arrest
• Contest the constitutionality of the Miranda rights
• Contest the manner in which roadside tests were given
• Contest the use of a Portable Breath Tester
• Contest the constitutionality of any search and seizure
• Contest the constitutionality of the refusal

6. Failing to appear in Court.

If you do not show up for a Court appearance, the Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

7. Talking to anyone but an attorney about your case.

Anything you say to them can be used against you. Talking to friends, family, etc. may be nice and comforting, BUT EVERY CASE IS DIFFERENT. Just because something happened in your friend's case, doesn't mean it will happen in yours. Different counties, different judges, different facts mean different results.

8.Thinking that by talking to numerous attorneys you will then be able to handle it on your own.

You need to have an attorney go to Court with you. There is no way around it. It has been said that "an attorney who represents themselves in court, has a fool for a client." EVEN ATTORNEYS charged with DWI will hire a DWI attorney to represent them in court. What does that tell you?

You need an experienced DWI attorney to explain not only the law but options specific to your case and, most importantly, how your decisions can impact your future.

9. Just pleading "Guilty" to the DWI to get it over.

If I plead "Guilty" do I really even need a Lawyer?

I have many clients give me a call and say something along the lines of . . .

"I am guilty. I just want to plea guilty and get this over."

My answer is always a VERY strong "YES!" My job isn't simply to get
innocent people found not guilty, or to get guilty people "off."

My job is to make sure that you are treated fairly and receive fair treatment throughout the process. I also think it is of the utmost importance to understand all of your options and how the decisions you may make today can affect your future.

In New York State, DWI has a very large punishment range. These can range from license suspensions to revocations of 90 days or up to a year. The Court Surcharges can range from $260.00 (for a DWAI) and many hundreds more for a DWI. The fines can range from the hundreds of dollars to the thousands as well. Punishments can include years of probation where you cannot drink alcohol or be around anyplace serving it for years. The conditions of your probation can be as wide as you can imagine. If your plea bargain is not properly negotiated, you could end up with some overly harsh conditions.

Good negotiations may help you avoid having a deep lung device (ignition interlock device) attached to your car. This is an apparatus that requires you to blow into it to start your car, and periodically while driving. If you have friends or business associates in your car, it can be quite embarrassing. Not to mention, it costs about $70 per month to monitor... a price paid by YOU. Over the years, it can cost you thousands of dollars.

Other conditions on your probation could be large amounts of community service, costing you money when you are not working.

Another, and most important consideration is that if you plead guilty, you have 100% chance of being found guilty and having a DWI conviction on your record. New York State has no Expungement law so your DWI record will stay with you for life.

Sometimes, you have the opportunity to be found not guilty at trial, which is not necessarily the same thing as being found innocent. If your rights were violated, etc., a trial is usually the only chance for you to keep this off your record. You could even have the chance of being found guilty to the reduced charge of DWAI, which is a traffic infraction.

What it boils down to is that even if you are guilty, you still need a good DWI lawyer to make sure that you understand your options and are treated fairly.

By: Lawrence Newman
Lawrence A. Newman, Ithaca, New York DWI Lawyer
http://www.ithacadwi.com ]]> Criminal http://legalblog.resourcesforattorneys.com/index.php?entry=entry090429-013930 Staff at Resources For Attorneys Wed, 29 Apr 2009 06:39:30 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=04&entry=entry090429-013930 http://legalblog.resourcesforattorneys.com/index.php?entry=entry090214-230508
It is a revocable trust because the grantor, at all times and for any reason, retains the absolute power and right to revoke the trust, or to otherwise amend or change the trust terms in any fashion. In addition, the grantor may withdraw the trust assets at anytime by taking the properties back into his or her individual name.

The living trust is beneficial because it permits an individual to transfer title of his or her assets now, but that transfer is not to the individual's beneficiaries, but rather to the trust entity. In fact, the re-titling of assets during lifetime is generally considered to be the revocable trust's principal advantage since assets held by the trust will not be subject to court supervision. Furthermore, the grantor typically serves as initial trustee so as to maintain complete control over the management of the assets.

In the event of an incapacity or illness, a successor takes over as trustee to manage the trust and otherwise provide for the grantor, without the necessity of seeking the appointment of a legal guardian to take title to his or her assets.

Upon death, the successor trustee would be in charge of the assets without the necessity for probate proceedings. If probate were required, delays in transferring the properties to one's family and the potential for additional legal, accounting and court costs could result. Without court involvement, the trustee can expeditiously transfer the assets in accordance with the grantor's wishes, which will remain private, as a trust agreement need not be deposited with the probate court at death.

The trust will often contain significant tax planning provisions as well as terms of ongoing trusts for the grantor's family. This arrangement could permit the grantor's assets to be kept together in one piece for the family's benefit for a period of years. In addition, the trust could also provide for the protection of the properties from creditors or claims against the family.

While the revocable trust will, in effect, take the place of a Last Will and Testament, in that the trust will provide for the disposition of the grantor's assets at death, a Will is nonetheless a necessary instrument in every estate plan. If a trust is established, but one's assets are not properly transferred to the trust during lifetime, a Will would be required to direct the disposition of assets at death. In an estate plan that includes a revocable trust, a Will could merely provide that any assets that might be titled in a grantor's individual name pass to the trust to be held by the successor trustee under the general provisions of the grantor's estate plan. Moreover, a Will would name a guardian for any minor children.

Notwithstanding the advantages of the revocable living trust, it is not appropriate or necessary in every instance. Therefore, any person interested in exploring the applicability of a revocable trust in their estate plan should consult their attorney.

By: Joshua Keleske
Joshua T. Keleske, P.A. proudly serves families in the Tampa Bay area with their estate planning, estate and trust administration, and business planning needs. If you have questions regarding how we can be of assistance to you and your family, please contact us at anytime at 813-254-0044. We are happy to answer your questions and arrange for an appointment to speak with you.

Please also visit http://www.trustedcounselors.com to learn more about Joshua T. Keleske, P.A.]]> Estate Planning http://legalblog.resourcesforattorneys.com/index.php?entry=entry090214-230508 Staff at Resources For Attorneys Sun, 15 Feb 2009 05:05:08 GMT http://legalblog.resourcesforattorneys.com/comments.php?y=09&m=02&entry=entry090214-230508