Finding the Right Criminal Defense Attorney to Protect Your Rights

When you have been or are about to be charged with a crime, the first order of business is to hire a criminal defense attorney to protect your rights and seek the best outcome of your case. Here are some areas to consider when finding the attorney practicing criminal law.

Personal Qualities

You have to be able to work with the criminal defense attorney whom you choose. Thus, you should evaluate these key areas:

• Experience
• Confidence
• Credentials
• Directness
• Professionalism

An experienced attorney in criminal law is definitely an asset. They typically possess a broad based skills set many obtained via a high quality Criminal justice masters degree program which will set you in good stead. You want to know if he has dealt with a case similar to yours in the past. Obviously, this will increase his chances of success with your case if he has experience.

You will be able to tell right away if the criminal defense attorney you choose has confidence. This usually becomes apparent after you discuss the charges with the attorney at the initial consultation. Be careful though. If the attorney tells you that he can win the case for you but doesn’t tell you how he plans to approach it, this may be a sign of over-confidence which won’t do you any good.

It’s the same way with an attorney’s directness. Does he ask direct questions and seek definitive answers from you? Does he tell you up-front what you are looking at in terms of a possible case outcome and the fees you may have to pay?.

Many criminal defense attorneys have gimmicky television advertisements and slogans in hopes that these will catch the largest clientele. A lawyer that is worth his weight does not have to resort to these marketing tactics and lets his professionalism do the talking.

Specialty

A criminal defense attorney’s specialty is important as well. One of the most common situations where a criminal defense lawyer is needed is when the charge is driving under the influence (DUI). Take a situation where you have been to a nightclub and had two or three drinks. Knowing well that you are not intoxicated, you drive home and get stopped at a DUI checkpoint.

The officer at the checkpoint is under pressure to make DUI arrests so he asks you if you have been drinking. You, being a law abiding citizen, say yes and tell the officer you had two or three. At this point, the officer can give you a field sobriety test which includes a breathalyzer. You pass the breathalyzer yet he still arrests you for DUI. This is because in the state where you were stopped, the laws prescribe that the officer can arrest you even if he has a suspicion you are intoxicated.

It makes sense that you want to hire a criminal defense attorney who is specialized in DUI cases. This specialty is important because the attorney will know that the fact that you passed a breathalyzer test will put holes in the officer’s testimony.

This is a simple example of why specialty is important. There are other types of crimes such as those in the white collar class that involve things like fraud and securities violations. In these cases, you would want an attorney specializing in these areas.

Price

Price is always a factor when selecting an attorney. However, don’t make the mistake of thinking that just because an attorney is high-priced that he will be any more effective. This is where specialization comes into play as well. An attorney who is specialized and experienced in your type of case will not have to spend so much time on research. This saves you money if the attorney is billing by the hour.

Some attorneys charge a flat-fee retainer and return the unused portion after the trial. This is a good way to keep costs under control.

Also keep in mind that it is unethical for attorneys to represent criminal cases on a contingency fee basis. Contingency fees are based on the successful outcome for a defendant (or plaintiff). They only make sense in civil and not criminal matters.

Recommendations

If you have friends recommending a particular attorney to you then consider yourself fortunate. Word of mouth is one of the best indications that this lawyer may be right for you. This is especially true if the lawyer has all of the other qualifications and is easy to communicate with.

Case Load

You can view an attorney with a heavy case load in one of two ways. Either his case load is heavy because he’s good or he is stretched too thin.

If the attorney is stretched too thin, he may not be able to devote the necessary resources to defending your case. An indication of this is when he doesn’t return your phone calls and doesn’t consult with you for days.

On the other hand, if your attorney returns your phone calls and has some definite status updates then he may have a heavy case load but can manage it well.

Being charged with a crime is a life-changing matter. You don’t want to hastily hire a criminal defense attorney because of the seriousness of what you are under. Do your homework and remember that you can always hire another lawyer if the first one you select doesn’t fit well for you.

The Facts about Intellectual Property Law

Intellectual property law is designed to protect entities that produce original works and inventions. The idea behind intellectual property law is to foster an environment that inspires economic growth through innovation. Simply put, if someone creates something such as a painting, this person should know that only he will benefit from the sale of that painting. This inspires others to create their own paintings and benefit monetarily from their sale. It is also a very complex area of the law and there are lawyers who specialize in it.

Areas of Intellectual Property

There are three areas of intellectual property:

• Copyrights
• Trademarks
• Patents

Each of these areas is defined and discussed below. However, you can think of the three areas as forms of legal protection to ensure that the creator of a work is the beneficiary of recognition and monetary revenue it generates.

Copyrights

A copyright is a protection by which a creator’s original work is protected from unauthorized copying. It applies to such works as novels, plays, paintings, music, literary works, and performance. Basically, it protects authors and creators in the expressive arts. A copyright gives the creator exclusive rights to his work such as:

• Making copies of it
• Displaying it on the media
• Showcasing it
• Performing it
• Creating derivative works
• Selling and distributing it

An entity who is not the copyright owner cannot do any of the above without written consent by the latter.

It is important to note that copyright laws only protect the way ideas are presented and not the ideas alone. They also do not protect facts, slogans, procedures, and titles. They only protect the original work. In other words, if you have an idea, it is not protected by copyright law until you create something from it.

Trademarks

The trademark protects something that is highly-valued by any business and that is brand recognition. In other words, the trademark is an instrument by which the names and logos of businesses are protected from copying. This way, consumers can recognize a business by way of its unique depictions and other marks.

Trademarks are rather easy to implement and require no formal filing. Once a business starts using its name and logo, it can use the TM symbol to identify the trademark.

Patents

A patent is an instrument for protecting inventions. Patents are complex and protect areas such as:

• Ideas
• Design
• Processes
• Composition of products
• Improvements to products

It should be noted that the patent protects an idea whereas a copyright does not. However, one can get patent if the improvement to an existing patent warrant that it is a true innovation. Basically patents protect inventions that are both novel and have features that would not be obvious to anyone else.

Intellectual Property Lawyers

There are lawyers who practice intellectual property law. They provide assistance to the intellectual property owners in areas such as:

• Applying for patents
• Writing licensing agreements
• Defending your work
• Writing franchising agreements
• Other intellectual property business agreements
• Software licensing

The interpretation of intellectual property law oftentimes has its gray areas between what is protected and what is not. For example, someone has an idea for a book and someone else takes that idea and actually writes the book. The idea person might claim that he has a copyright on the idea when he actually does not but the case may end up in court anyway. This is where the intellectual property lawyer goes to work.

However, in the case of patents, ideas are protected so the legal dealings with this area get much more convoluted. There is the originator of the idea and then there are those who come along and create permutations of that idea. The challenge for the intellectual property lawyer is showing that his client’s idea is in fact unique even if it is adding to existing technology.

If you have a novel idea or have made a one-of-kind work of art, it is in good order to seek the advice of an intellectual property lawyer. Likewise, if you believe that your original work has been infringed upon, seeking an experienced intellectual property lawyer is a w

Employment Background Checks

Employment background checks are becoming increasingly common these days. The reasons for this include the fact that negligent hiring lawsuits that result from the actions of an errant employee can damage a company’s credibility and lead to hefty fines; companies have become more selective in their choice of employees following the threat of terrorist activities; accepting a resume at face value has resulted in many companies wasting time and money due to frequent hire-and-fire situations. Also, more companies are now conducting employee background checks as information from databases all over the world is available online. Employers are not bound to conduct an employment background check in all cases; however, federal and state laws make employment background checks compulsory for jobs that require interacting with children, the infirm, and the aged.

Information that can be included in an employment background check includes driving records, details of past employments, disability claim denials, criminal records, military records, educational records, character references, and drug test records. However, background check companies that provide information to employers have to abide by the Fair Credit Reporting Act (FCRA) which regulates the type and amount of information that an external agency can provide to an employer. Bankruptcies that are more than 10 years old as well as civil suits and records of arrest more than seven years old cannot be reported. FCRA regulations vary with the state and agencies that carry out a pre-employment background check need to ensure that they comply with the state regulations.

Employment background checks can be conducted by companies in-house or can be outsourced to third parties that may include private investigators, H.R firms that screen applicants, and data brokers who are established online. Outsourcing an employment background check has its advantages but if a third-party is conducting a background check, consent from the applicant is required and under FCRA regulations the applicant should be provided with a copy of the investigations. If the employment background check is conducted in-house, the employer is not bound to obtain the applicant’s consent or apprise him in detail of the reason for rejecting his application.

What Is Class Action Claims

As a general overview, class action lawsuits involve a large group of people in some capacity: A collective class, held together over the issue of a broken product, suing a defendant, or a group of defendants, individual negligent companies, for instance, being sued by or persons. While most class action suits are filed for product liability claims, other types of cases end up in court, too, including shareholders suing for business fraud, employees for discrimination, and residents over environmental disasters.

Each case, which may be filed in either state or federal court, class action lawsuits has its pluses. Because less witnesses overlap, the trial process understandably moves along more efficiently, while the cost of litigation tends to be lower than for one off plaintiffs filing alone.

On the other hand, these types of cases also tend to have drawbacks. Before the class action even moves forward, the prosecuting group must be named as a class. Federal courts, as well, may dismiss class actions if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

Civil Action No. 08-cv-02820 CW FOR CLAIMS PROCESSING Class Action Claim Form In order for you to qualify to receive payments related to Pecover v. Electronic Arts Inc. as described in the Notice of Settlement (the “Class Notice”),

NOTICE OF CLASS ACTION SETTLEMENT To all members of the following class: All persons who were participants in or beneficiaries of the Textron Savings Plan people who have similar claims make up a “class” and are referred to individually as “class members”.

Stated in the Joint Stipulation and Settlement Agreement and Release of Class Action Claims incurred in prosecuting and settling the Action. Class Members are not personally responsible for any of Class Counsel’s fees or expenses. 4.

This class action arose out of allegations that MCM monitored and/or recorded telephone calls that who submit claims, and all Class Members who do not validly and timely request to be excluded from the proposed settlement,

Page 6 of 6 Questions? Call Toll Free (888) 427-9230 Fax Number – Claims Administrator: (888) 428-6696 E-mail – Claims Administrator: info@simpluris.net

August 13, 2012. I understand that the decision of the Class Action Settlement Administrator is finaland binding. I understand that my claim form may be subject If the total amount of all claims submitted by all class members exceeds the total available relief, subject to any and all

Attention: Verizon Claims Administrator 3176 Pullman St. #123 Costa Mesa, CA 92626 Toll Free: (888) 836-1292 Phone: (714) 824-8590 1. My own expense with respect to whether I should participate in the class action settlement referenced above. I understand

Notice of Class Action Settlement available online at www.diamondsclassaction.com or by calling the Claims Administrator at 1-800-760-5431. The Claims Administrator may audit any and all claims. Persons making false claims may be subject to civil or criminal penalties.

How Much Money Can You Get From A Class Action Lawsuit

As a general overview, class action lawsuits involve a band of people in some capacity: A collective class, even bound together over the issue of a broken product, suing a defendant, or a band of defendants, individual negligent companies, for instance, being sued by a single person. While more class action suits are filed on behalf of product liability claims, other types of cases end up in court, too, including shareholders suing for fraud, employees for discrimination, and residents over environmental disasters.

With a case, which can be filed in either federal or state court, class action has its pluses. Because fewer witnesses overlap, the trial process inevitably moves along faster, while the cost of litigation tends to be lower than for one off plaintiffs filing alone.

Additionally, these types of cases do tend to have drawbacks. Before the lawsuit even moves forward, the prosecuting group must be defined as a class. Federal courts, as well, can stop class action lawsuits if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT (Ladd v. Extreme Recovery, To see if you will get money from this settlement, You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is December 16, 2013. 17. If I

SHARES ON MAY 21, 2007, YOU COULD GET MONEY FROM A CLASS ACTION SETTLEMENT. A Federal Court authorized this notice. settlement avoids costs and risks to you and the Class from continuing the lawsuit, it pays money to investors like you

NOTICE OF CLASS ACTION SETTLEMENT Reed v. 1-800 Contacts, Inc. Plainti as a service payment for prosecuting the Lawsuit on behalf of the Class. If you wish to claim money under the Settlement, you must complete a Claim Form, sign it under penalty of perjury, and return it by mail, email,

• This settlement resolves a class action lawsuit brought by Plaintiffs on behalf sue, continue to sue, or be part of a different lawsuit against Kaiser. If you send in both a request to be excluded you will still be a class member, but you will get no money from this settlement

Of a class action lawsuit, the number of prescriptions of Nexium® you had filled during the Class Period (or both), and differentiating Settlement with AstraZeneca, but you will not receive any money from the Settlement. In order to obtain

• A settlement has been reached in a class action lawsuit known as Walter v How much money can I get? You can get $40 if you paid an early termination telling the Court that you don’t want to be part of the Class in this settlement. You can only get a payment if you stay in Class and

• A proposed Settlement has been reached in a class action lawsuit the price of the heart medication, will be calculated based on how much you paid for Toprol XL resolved by this Settlement. However, you will not receive any money from the Settlement, and Class Counsel will no longer

15. If I exclude myself, can I get money from this settlement? T The Court sent you this notice because you have a right to know about a proposed settlement of a class action lawsuit, Skip to STEP 6 if you did not sell this stock during the class period. If you sold any of your XYZ stock

Is Income From A Class Action Lawsuit Taxable

As a general overview, class action lawsuits involve a group of people in some capacity: A collective class, formed together over the issue of a faulty product, suing a defendant, or a group of defendants, individual negligent companies, as an example, being sued by an individual. While more class action suits are filed on behalf of product liability claims, other case types end up in court, too, including shareholders suing for fraud, workers, and residents over environmental disasters.

Each case, which can be filed in either state or federal court, class action lawsuits has its benefits. Because fewer witnesses overlap, the trial process understandably moves along faster, while the cost of litigation tends to be lower than for separate plaintiffs filing alone.

Additionally, these types of cases also tend to have drawbacks. Before the class action even progresses, the collective group must be named as a class. Federal courts, as well, can stop class action lawsuits if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

IRC § 104 is the exclusion from taxable income provision with respect to lawsuits, Determine if any taxable lawsuit, award or settlement proceeds are unreported. These cases related to a class action brought by former employees of an employer who

If you receive proceeds from settlement of a lawsuit, Interest on any settlement is generally taxable as “Interest Income” and should be reported on Taxable and Nontaxable Income, visit our website at www.irs.gov,

Made in connection with a lawsuit are the same whether the respect to a capital asset is taxable as ordinary income or as capital gain. Compare Fahey v. Comm’r, 16 T.C. 105 settlement to class action members diagnosed with a

Received constituted ordinary income. The lawsuit, agreed the Seventh Circuit, the settlement, would be taxable on the net gain at ordinary income rates. action such as a sale generally changes the identity,

Tax Court Holds Reverse Discrimination Settlement Taxable The Tax Court ruled that a $27,900 settlement in a reverse discrimination class action lawsuit duty with the U.S. Air Force. In 1992,

2008, a class action lawsuit was filed in the U.S. District Court for the Northern District of California on behalf of Schwab»Premier Income Fund Dividends and capital gains distributions received from the fund will generally be taxable as ordinary income or capital

PBHG Class Action Settlement Distribution Plan Background The Ohio Deferred Compensation Program In addition to the SEC action, a class action lawsuit was filed in 2004 against PBHG and its in which case a Form 1099R as taxable income for the current year.

Why is this lawsuit a class action? 2011,or 2012 income tax returns, the Settlement provides you withamended Forms 1098. That settlement class for tax year 2009 does not affect your status as a lass c member of the settlement class for tax years 2010,

Agent portal) of the proposed settlement of a class action lawsuit that challenges certain aspects of the merger of Nationwide Mutual and Harleysville Mutual. 2012, to the Harleysville Mutual policyholders that are within the proposed