Lawyers Advise to Teens: One Prank may Ruin You

Wednesday, June 17th, 2009

Attorneys from Public Defender’s Office gave lectures to junior-high and high-school pupils during the year regarding the differentiation of pranks and criminal acts.  “We are responsible for disseminating the information, and the children should be the one responsible for their choices,” shared Esther Goldfield, Katzir B junior high’s educational consultant in Rehovot.

In 2007, police figures show that around 10% of all caught felons were minors - almost 14,000 teenagers and children.  Moreover, there were 33,000 files of teenagers for property offenses and violence.

“When you walk with a knife inside your pocket, it might give you security so when other children want to assault or hurt you, you’ll just take it out in response.  However, you have to know that possessing the knife is already breaking the law and may give you five years in prison,” said attorney Gil Edelman.

Another example is taking a cell phone that belongs to another pupil.  “When you use force without the permission of the owner, then it’s a qualified theft according to the law.  And if you demand money for the return of the phone, it will be considered as extortion by threat,” he added.

The lecture program has assumed that most teenagers are not too familiar with the law.  They may not realize that a simple prank joke can become a criminal act.

Tags: attorney, attorneys, children, Criminal, criminal acts, Esther Goldfield, felons, Gil Edelman, Katzir B, minors, pranks, Public Defender's Office, Rehovot
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Crisis in Public-defender Offices

Monday, June 15th, 2009

Kimberly Hurrell-Harring admits that what she has done wasn’t the brightest decision she made. But when her husband pleaded with her to bring a very small amount of marijuana to “get high” in his awful maximum-security prison, she consented. So she drove 7 ½ hours to visit him and hid the dope in her private part.

Someone may have been listening because as soon as she arrived into Great Meadows Correctional Facility, the guards immediately yanked her and told her that things would be easier if she just hand over the dope without fuss. However, as soon as she did, she was handcuffed and immediately brought to jail.

No public defender was available during her arraignment and she has no money to hire her own lawyer. So standing alone in court, she was charged with a felony count of bringing a dangerous contraband to prison. And since she could not afford bail, she went back to jail.

A public defender appeared after three weeks and spent 15 minutes with her before the sentence hearing. The advice was to plead guilty and not to fight the recommended punishment of the district attorney, which is six months behind bars as well as five years of probation.

She begged that she has no criminal record and there might be a chance that a small possession of pot could be considered a misdemeanor. However, it seems like the attorney has no time for her.

Tags: attorney, Criminal, district attorney, Great Meadows Correctional Facility, Kimberly Hurrell-Harring, marijuana, public defender
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Limiting Conditional Sentences

Saturday, June 13th, 2009

On Monday, a new legislation will be introduced in Vancouver House of Commons. This legislation announced on Saturday by Attorney General Rob Nicholson (Minister of Justice) would end conditional sentences given to serious crimes.

According to the bill, offenders committing serious crimes should receive an imprisonment term instead of a conditional sentence, which is usually less than two years of community service or house arrest. Nicholson said that previous attempts to introduce alike legislations did not push through in Parliament.

He said the government will submit the proposal on Monday. As a result, “this will restrict the people’s ability to obtain conditional sentencing. It’s also consistent with the efforts to increase the confidence of the public in criminal justice system. Likewise, it would ensure that criminals committing serious crimes will receive sentences commensurate to their actions,” he emphasized.

This proposed legislation is expected to pick up where the “Act to Amend Criminal Code” has left off. Previously, that bill aspired to remove conditional sentencing for offences with 10 years or more maximum sentence.

The 2006 legislation has been altered during the parliamentary process and a lot of serious offences that should be ineligible for conditional sentences proposed by the bill were removed. “So now, the new proposed legislation will hopefully make it clear to the courts which offences should not be eligible for conditional sentences,” Nicholson concluded.

Tags: attorney, conditional sentence, crime, Criminal, House of Commons, imprisonment term, legislation, Rob Nicholson, Vancouver
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Overseas Detainees Still Being Mirandized

Thursday, June 11th, 2009

Some detainees that were captured and held abroad are still being read Miranda rights in order to preserve evidence for potential prosecution. Obama administration officials said that Bush administration also did this in some instances related to certain criminal cases.

Although the actual Miranda rights differ depending on the state, they would adhere to court ruling that “prior to investigation, the people in custody must be informed of their rights to remain silent and anything that they say may be used against them in court. They must also be clearly informed that they have the right to consult attorneys and to have those attorneys present during questioning. Also, an attorney will be provided at no cost to represent them if they are indigents.”

Rep. Peter Hoeskstra (R-Mich), House Intelligence Committee’s ranking Republican, expressed his concern about this news. “The last thing we want is to let the al-Qaeda terrorists remain silent. We should be focused on knowing and preventing the next attack. We can’t give these radical jihadists new tactics they could use to resist interrogation,” he said.

In March, President Obama was interviewed by 60 Minutes and he said “the whole Guantanamo premise promoted by Cheney (Vice President) was that the American justice system is somehow not equipped to deal with these terrorists. I disagree with that. So do you think these folks deserve to be treated the same way as a shoplifter in the neighborhood block? Of course not.”

Tags: al-Qaeda, attorney, attorneys, Criminal, detainees, Miranda rights, Obama, Peter Hoekstra, rights, terrorists
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Limitations for Bringing Old Court Accusations

Tuesday, June 9th, 2009

Two states created legislation windows opening up new time periods for childhood sexual abuse victims to seek civil court redress. California allowed these victims to file a case against their employer or abuser within one year regardless when the abuse occurred. Then, Delaware followed in 2007, this time giving people two years of leeway in bringing their accusations to civil court.

Moreover, New York state legislators are debating for a one-year statute this year. Other states are also mulling over similar measures.

These statutes of limitations for civil or criminal actions help avoid circumstances where testimonies rely on faded memories, documents have disappeared, or the evidence is incomplete. However, when high-profile abuse scandals (allegedly perpetrated by Catholic priests) occurred decades ago, a few states saw a particular need for “window laws” that could open the courts again temporarily and allow remedies of past grievances through civil actions only (not criminal prosecutions).

Supporters of these laws say that people who didn’t know or disclose that they’ve been harmed will benefit the most. But others say that such laws may inevitably raise questions of fairness and constitutionality.

Some defense attorneys say that the only reason these cases are brought up is to wrench money from the church, since many of the named perpetrators are already retired or dead, and it’s almost impossible to defend these cases.

Tags: California, child abuse, Criminal, defense attorneys, Delaware, legislation, statutes of limitations
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Privacy and Rights after a Criminal Conviction

Sunday, June 7th, 2009

Whether you have a prison sentence or just a payment of fine on your record, these are still histories of conviction. But even if you have been a convicted criminal, you still have privacy and rights under Human Rights act. In other words, others should respect your right to have a private family life.

First of all, you need to know that you’re obliged to declare your conviction record when you’re applying for a credit card, insurance, new home, or even a job. But after some time, you’re no longer required to do so (called the rehabilitation period). This period would depend on the sentence that you served.

Another thing is that you no longer have the right to request the destruction of data found during an investigation involving you – these are your DNA samples, photographs, or fingerprints. The police are entitled to retain samples and prints on these records since the 2001 terrorist attack.

Here are other rights after a criminal conviction:

· Rights to Privacy – the media must respect your private life because your name and details should be protected by Data Protection Act. You are entitled to contact a defense lawyer and sue if there’s any breach unless organizations or employers require these details when you’re applying for a loan or they’re hiring you for a “position of trust.”

· Rights to View your Prison Records – the prison office should provide you a copy of your records when you request it. You also have the right to correct any of the errors in it.

Tags: conviction, Criminal, Defense lawyer, Human Rights act, privacy, rehabilitation period, rights
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Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
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Consider These Things before Hiring a Criminal Lawyer

Wednesday, June 3rd, 2009

When you’re facing criminal charges, it’s imperative that you consult the best criminal defense attorney immediately. If you have an aggressive and skilled lawyer on your side, it would spell the difference between a dismissed or reduced criminal charge and a prison sentence.

Before you hire a criminal lawyer, consider these things:

• *The sooner you hire an attorney, the better results you’ll get. The longer you wait; it’s possible that witnesses will forget exactly what happened and the more chances for the evidence to be contaminated.
• *It’s important to hire a lawyer that specializes in your specific crime.
• *Moreover, it’s critical that you get someone who’s familiar with local court procedures and customs where you were arrested. Local defense attorneys will have a better chance to lessen your sentence, reduce your charges, or negotiate a good deal.
• *Have an open communication with your lawyer starting from initial consultation so that you’ll have a realistic and clear understanding of your possible punishment. So make sure that you’re comfortable with your chosen lawyer before committing to move forward.
• *Don’t hesitate to discuss your case with a criminal defense lawyer even if you’re guilty. It’s highly likely that your lawyer can investigate your case details further and negotiate a favorable deal with the prosecutor.
• .

Tags: attorney, Criminal, criminal defense attorney, criminal lawyer, lawyer, prosecutor
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No Criminal Offense in Pocomoke Election

Monday, June 1st, 2009

There might be irregularities in the recent Pocomoke City election, but the State’s Attorneys Office in Worcester County say that no crime was committed. Joel Todd, the State’s Attorney for Worcester County released a statement that said “The office’s role is to determine whether there’s probable cause that a crime was committed. This would be based on the facts obtained from extensive investigation and the laws of Maryland State and Pocomoke City. Based on my conclusion, there’s none.”

The cause of the investigation is a candidate claiming that there’s voter fraud in Pocomoke’s council seat election (District 4). According to Stephanie Burke, town leaders have coerced people (for example, those in the senior citizen communities) to vote for Tracy Cottman (her opponent in the election) because these town leaders do not like her change platform.

More specifically, Burke’s complaints were as follows:

• -Her opponent solicited for absentee ballots, completed portions of absentee ballots applications, handled completed absentee ballots, and marked portions of absentee ballots.
• -Most of the absentee voters could have voted in-person.
• -Board of Election Supervisors in Pocomoke failed to perform their duties.

Truly, certain irregularities were seen in the election system of Pocomoke during the investigation conducted. The State’s Attorney’s Office said that in the recent election, it’s possible that 17 people voted twice, both in-person and by absentee ballot. However, Todd says that there’s really no evidence that this actually happened.

Tags: attorney, Criminal, Joel Todd, Maryland State, Pocomoke City, State's Attorneys Office, Stephanie Burke, Tracy Cottman, Worcester County
Posted in Criminal, Criminal News, Latest Legal News | No Comments »

Securities Enforcement and Criminal Fraud Investigations

Saturday, May 30th, 2009

The grand jury and U.S. Attorney’s Office conduct federal criminal investigations. This may or may not simultaneously occur with an investigation from SEC (Securities and Exchange Commission). In addition, you may want to know the following:

• -You may assert Fifth Amendment privilege against self-incrimination to your statements in any litigation or SEC investigation.
• .

• -SEC investigations are typically civil enforcement actions. They usually seek civil money penalties, ill-gotten gains’ disgorgement, and injunctive relief.
• .

• -Evidence obtained during litigation or SEC investigation may be used for criminal prosecution by U.S. Attorney’s Office.
• .

• -However, a SEC investigation doesn’t automatically lead to criminal or grand jury investigation.
• .

• -In a SEC investigation, you can present reasons why you should not be sued. This is best done with a good lawyer by your side.
• .

• -Some proceedings instituted administratively may also result from a SEC investigation. These are heard before SEC’s administrative law judges.
• .

• -SEC may seek an order to bar clients from working in their industry, e.g. stock promoters, broker-dealers, etc. if they participated in a scheme to manipulate or defraud stock prices.
• .

• -The SEC may also bar members of their board of directors or company officers from serving in their positions when a suit has been filed against them based on a fraudulent scheme or any scheme used to manipulate stock pricing.
• .
• .

Tags: Criminal, grand jury, lawyer, SEC, SEC investigation, U.S. Attorney's Office
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Possible Criminal Charges in Trolley Crash

Thursday, May 28th, 2009

Criminal charges are being considered in a Suffolk County grand jury against Aiden Quinn, an MBTA Green Line trolley driver. Earlier this month, Quinn rear-ended another trolley near Government Center Station, according to two officials who are familiar with the case.

Quinn’s attorney, Michelle Menken said, “It’s not a surprise. I have not been notified and I’m not aware that Quinn had already been asked to testify.”

Meanwhile, the district attorney’s spokesman of Suffolk, Jake Wark, said “By nature, the grand jury proceedings are confidential and we cannot discuss, deny, or confirm such proceedings.”

The 24-year-old Quinn told authorities that he was sending a text message to his girlfriend so he missed the red light and slammed into three trolleys, injuring nearly 50 people in the process.

Quinn has already been fired from MBTA and could still face criminal charges, according to authorities. This crash has sparked a public debate about the dangerous habit of texting while driving. Some disagree with the criminal charges filed against Quinn while some say that he’s self-incriminating for telling the truth.

This case could be a wake up call for people who constantly use their cell phones while driving. In fact, it appears that there’s enough momentum for the State House to completely ban texting while driving cars.

Tags: Aiden Quinn, attorney, Criminal, district attorney, Government Center Station, MBTA, Michelle Menken, Suffolk County
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Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

When you refer to the United States Constitution (Fourth Amendment), the “exclusionary rule” protects the public from illegal searches or seizures. Under this rule, any case evidence derived from such illegal search or seizure will be suppressed.

Therefore, this rule is specifically designed to deter possible unlawful police conduct. Also, it assures citizens that they have the right to be free from any unreasonable privacy invasion, even if they are criminal suspects. To a lesser extent, this rule is also designed to protect judicial process’ integrity from possible unlawful government conduct effects.

Remember that you’re never required to consent to any police search. Although sometimes, you may be threatened with detention, you still have the absolute right to decline the search. However, this would not mean that you have the right to physically stop a search if it’s lawful such as when the police have probable cause or they have a warrant of arrest.

Probable cause is when the police possess very strong evidence that you have committed a particular crime. Under Federal law, the police do not have to advise you of your right to refuse a search. However, under New Jersey state laws, the police should advise you of this right – otherwise, the search and seizure would be considered unlawful.

Immediately contact a criminal defense attorney if you’re a victim of an illegal search and seizure. To make it easier, you can search for hundreds of experienced attorneys online using attorney directories.

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
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You can plead “Not Guilty”

Wednesday, May 20th, 2009

Civil law involves a private law suit between several private entities while criminal law consists of criminals being prosecuted by the federal government for an act of crime. Most crimes consist of a mental state, an act, and the criminal’s intent to do any social harm.

Some crimes are just misdemeanors – less serious offenses normally punishable by fine such as petty theft, traffic violations, or possession of little marijuana. Felonies, on the other hand, are more serious offenses warranting imprisonment such as homicide/murder, rape, grand theft, or assault and battery.

If you committed a crime, take note that you can still plead “not guilty” even if you’re guilty. Criminal law states that you should be treated as innocent until proven guilty. Unlike civil law, where the plaintiff only need to show at least 51% liability, criminal law needs to prove to the jury or judge that the suspect is guilty “beyond reasonable doubt.”

Therefore, the sooner you bring a criminal defense lawyer into the case, the better. Don’t seek answers from prosecutors or police officers who don’t have a vested interest in your well-being. Most importantly, do not ever resort to a wait-and-see approach because it’s your freedom at stake!

Tags: civil law, crime, Criminal, criminal defense lawyer, criminal law, felonies, misdemeanors
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Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
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Effects and Eligibility for Expungement

Sunday, May 10th, 2009

Expungement is a process ordered by the court wherein a legal record such as an arrest or criminal conviction is erased. The availability and procedure of expungement varies according to the county or state where the arrest or the conviction occurred.

In order to qualify, there must be certain standards met to be eligible for expungement. These factors include:

• -Amount of time elapsed since the arrest/conviction.
• -Events in the criminal record of the applicant (including arrests/convictions in other states)
• -The nature and severity of the arrests/convictions (i.e. a sex offense conviction may be denied for expungement)
• -The nature and severity of other arrests/convictions in the criminal record of the applicant

When a person’s criminal record is expunged, he or she may not mention the arrest or conviction record. For example, this record does not need to be disclosed in renting an apartment or applying for a job. Also, no record will appear if the potential employer conducts a background search.

An expunged record is actually not completely erased. However, it cannot be accessed easily. The limited accessibility is only open to the criminal courts, law enforcements, and other government agencies. This is sometimes referred as “under seal” criminal records.

Tags: arrest, court, Criminal, criminal conviction, expungement, legal record
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Wanted Criminal in Brazil Arrested in Massachusetts

Saturday, May 9th, 2009

The special agents of United States Immigration and Customs Enforcement (ICE) with the help of Massachusetts Police Department took Carlos Alexandre Luz into custody. He is a national of Brazil who has committed immigration violations.

After investigations, it was revealed that Luz has a warrant for homicide from Esporito Santa, Brazil. “The United States cannot keep criminals on its streets. Instead, they should face charges in their own countries,” said Bruce Foucart, a special agent in Boston heading ICE’s Office of Investigations. “I want to warn all criminal aliens that ICE will go after you in order to keep Massachusetts safe,” he added.

In addition, Kenneth Lavallee, Lowell Police Superintendent stated, “This arrest showed the collaborative efforts between ICE and local police departments. Since a dangerous criminal was removed, the community became a safer place.”

Pending a federal immigration judge hearing, Luz is now in the custody of ICE. He has a criminal history including a recent March 12 arrest in Lowell on charges of Battery, Assault, and Attempt to Commit Mayhem.

Meanwhile, this investigation would not be possible without the assistance of Bristol County Sheriff’s Department, U.S. Secret Service, Lowell Police Department, Massachusetts State Police, and Diplomatic Security Service.

Tags: Boston, Carlos Alexandre Luz, Criminal, homicide, Immigration, Immigration and Customs Enforcement, Massachusetts Police Department
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Plea Bargain Possible for Serious Theft Offense

Friday, May 8th, 2009

A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?

If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.

The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.

Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.

Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
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Sexual Harassment is a Crime

Wednesday, May 6th, 2009

Some sexually harassing behaviors are violations of criminal law. These can be made up of criminal stalking, attempted assault or assault, and criminal sexual conduct.

It would be good if the victim clearly articulates displeasure over another’s behavior. However, they don’t need to do that. Harassed individuals only need to report the harassment to their employer or police, trigger an investigation, and file a case if they want to press charges against their offender.

Also, take note that even distributing sexually explicit materials including jokes via e-mail or internet websites may constitute sexual harassment. But even if it doesn’t, these are so disruptive and unprofessional. They should warrant discipline from the employer.

In sexual harassment litigation issues, jurors often have strong views about these issues and they have certain expectations from the employers such as:

*Procedures must be in place and it should be in writing
*Such procedures must be followed
*Upon the victim’s complaint, adequate investigation should have been done
*There should be no retaliation to the victim
*The company should exercise fair and consistent treatment to all its employees.

Furthermore, the trial lawyer’s ability to prove or disprove harassment may be dependent on the following factors:

*Credibility of company witnesses
*Credibility of Plaintiff
*Timelines of complaint
*Ulterior motives
*Common sense
*Consistency
*Adequacy of company response
*External validation of behavior (such as when the plaintiff told others about the incident).

Tags: crime, Criminal, criminal law, sexual harassment, trial lawyer
Posted in Criminal, Sexual Harassment | No Comments »

To File a Criminal Case or Not

Tuesday, May 5th, 2009

Justice Department officials stopped recommending criminal charges against the lawyers of the Bush administration. Steven Bradbury, John Yoo, and Jay Bybee were the lawyers who wrote secret memos to approve harsh interrogation techniques on terror suspects.

Critics say that their techniques are just the same as torture. Therefore, the initial recommendation of investigators is to refer these lawyers to state bar associations, where professional sanctions can be levied against them, the most severe of which is disbarment.

Yoo is a professor working at University of California-Berkeley; Bybee is a 9^th U.S. Circuit Court of Appeals judge; while Bradbury returned to private practice as soon as he left government at the same time as the end of former President George W. Bush’s term.

Although the investigative report was still in draft form, Attorney General Eric Holder may determine the steps to take upon finalization of the report. Most of the work was completed, but the possibility of criminal charges was not mentioned in the letter as well as the names of the lawyers under scrutiny.

This inquiry has been running around like a politically-loaded guessing game – some people are advocating criminal charges while others are urging to drop the matter. Meanwhile, Office of Professional Responsibility is still investigating the matter. They are looking at possible ethics violation, and on rare occasions, inquiries like these become full-blown criminal investigations.

Tags: Attorney General Eric Holder, Criminal, Jay Bybee, John Yoo, Justice Department, lawyers, Office of Professional Responsibility, Steven Bradbury
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Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
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Help in Copyright Laws

Sunday, May 3rd, 2009

The copyright law (section 501) states that any person violating the exclusive rights of the author infringes the copyright of that author. Section 106 in the same law explained that the owner has the exclusive right to:

• *Display copyrighted work publicly
• *Perform the work publicly
• *Distribute copies of this work to the public through lending, lease, rental, sale, or other transfer of ownership
• *Prepare derivative works based on the work
• *Reproduce the work in copies
• *Perform the work publicly (in case of sound recordings) by means of digital audio transmission.

If you engage in these activities without obtaining the permission of the owner, then you committed a crime and are liable for infringement. To makes sure that you are not breaking this law, consult with the Copyright office. This office serves as a primary place of record where anyone can register claims to copyright and record documents related to copyright.

On the other hand, if you believe that your copyright has been infringed, you may file a criminal lawsuit and contact IP (Intellectual Property) Program of FBI (Federal Bureau of Investigation). It’s recommended that you seek legal advice from a copyright attorney (one who specializes in arts, intellectual property, or entertainment law matters) and discuss your legal options.

Tags: attorney, copyright attorney, Copyright Law, Copyright office, crime, Criminal, FBI, infringement, IP, law, legal advice
Posted in Copyright Law, Criminal | No Comments »

Criminal Defense Lawyers: More than Witness Questioners

Wednesday, April 29th, 2009

People accused of crimes face the horrible possibility of spending many years in jail, sometimes even for a lifetime. However, if you will hire a good criminal defense lawyer, you’ll find someone who is committed to represent you all the way. He or she will negotiate with prosecutors and may be able to arrange for reduced charges and lesser sentencing.

Many people think that defense lawyers simply question court witnesses. Well, you might be surprised to know that this is not all that they do. Good criminal defense lawyers will also:

• Spend many hours to study your case.
• Gather information or data from prosecution witnesses.
• Hire investigators and manage them too. The objective of this is to impeach prosecution witnesses who change their stories during trial.
• Understand possible “hidden costs” if you plead guilty, which may not be thought of by a self-represented person.
• Familiarize themselves with local court procedures and customs which are not written down. They’re also familiar with many criminal law rules hidden in court interpretations of state and federal constitutions.
• Provide you with an objective reality check about your situation and the possible consequences if your case will go to trial. This is very important if you’re deciding whether to accept the “plea bargain” offered by the prosecutor.
• Formulate sentencing programs that can be tailored to your needs. This may help you avoid another brush with the justice system in the future.

Tags: crime, Criminal, criminal defense lawyer, defense lawyers
Posted in Criminal, Defense lawyer | No Comments »