A patent is a property right granted by the government of the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: "Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Pursuant to this grant of power, Congress has from time to time enacted various laws relating to patents, now codified in Title 35 of the United States Code (the "Patent Law Statute"). These laws established the United States Patent and Trademark Office ("USPTO") to administer the law relating to the granting of patents. The USPTO is an agency of the United States Department of Commerce providing patent and trademark protection to inventors and businesses for their inventions and corporate and product identification.
It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that "whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title." 35 U.S.C. Section 101. A "process" is explicitly defined as a "process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material." 35 U.S.C. Section 100. The term "machine" as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.
Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.
Once issued, a patent grants the patent holder the right to exclude others from making, using, offering to sell, or selling the patented invention within the United States, or importing the patented invention into the United States, during the term of the patent. 35 U.S.C. Section 271. However, a patent does not grant the patent holder the right to make, use, offer for sale, sell or import the patented invention. For example, the issuance of a patent does not protect the patent holder from claims of infringement of the claims of other patents, the scope of which claims may include the patented subject matter.
A patent lasts for twenty years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the timely payment of maintenance fees. However, under certain circumstances, patent term extensions or adjustments may be available. U.S. patent grants are effective throughout the United States, U.S. territories, and U.S. possessions.
There are three basic types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents regard inventions relating to new, original, and ornamental designs for articles of manufacture; and
3) Plant patents regard inventions, discoveries, and asexually reproductions of any distinct and new varieties of plants.
*This article is for informational purposes only. This article does not constitute legal advice, and no attorney-client relationship exists between its reader and Zuber & Taillieu LLP or any of its attorneys. If you seek legal advice in a particular matter, you should seek the counsel of a lawyer experienced in the relevant area of law, rendered with the lawyer's full knowledge of the facts relevant to such matter.
http://www.a1articles.com/article_154497_18.html
Saturday, August 4, 2007
Monday, July 30, 2007
What is your legal commitment as a company director
Are you aware of your legal commitment as a director of a childcare? Do you know that, as a director, there are certain code of conducts that you should be adhering to when conducting your business?
Do you know what your duties are as a director of your daycare centre? Many business owners are unaware of the legal implications of being a director of an establishment. Whilst understandably, many of us are not legal professional, it is important to know what’s required of you as a director so that you can make a conscious effort to stay away from situations which could potentially put you in conflict with your duties as a director.
A director’s duties can be categorized broadly as:
• Fiduciary Duties
• Duties of skill, care and diligence
• Statutory Duties
1) Fiduciary Duties
a. A director is required to act in genuine interest of the company’s interest at all times
As a director, he is required to act honestly and conduct due diligence when discharging his duties as a director. Should a director be forced to make a decision or undertake a transaction which may seem unviable or disadvantageous for the company, he must be able to justify other intangible benefits for the company; either to the company as a corporate entity or its group of company, the members and employees in the company or the interest of the creditors in the company.
b. A director must avoid positions where his personal interest may be in conflict with his duty
A director must ensure that he acts in the best interest of the company at all times and not be in a position where his personal interest will impair his judgment resulting in a situation where his personal interest take precedence over the company’s interest.
c. Duty to use powers for proper purposes and not for any collateral purpose
A director must understand that he is the trustee of the company’s assets and the company assets entrusted to him are to be applied for the company’s purpose and interest. It is considered a breach of fiduciary duty should the director misapply the company’s assets or abuse his power. Even if he was misguided on what was in the company’s interest, the director is still in breach of his duty should be misuse his powers. And should he misapply the company’s funds, he is in breach of criminal breach of trust, be it or not he has personally benefited from it. A director must not accept any form of reward or payment from any third party other than his company.
2) Duties of skill, care and diligence
A director must ensure that he exercise reasonable care and skill when undertaking his director responsibility with any additional knowledge and experience which he actually has..
3) Statutory Duties
A director’s breach of statutory duty can be a civil breach rendering the director liable to the company for any profit made by him or for any damage suffered by the company or a criminal offence.
a. Duty to disclose certain important information
A director is bound to disclose certain information to the company such as interest in a proposed or existing transaction or arrangement with the company or loans to director, etc. The type of information that a director is required to disclose can vary slightly from country to country and state to state.
b. Duty to ensure that the accounts are properly prepared
It is the director’s duty to ensure that the accounts are properly prepared and managed. The accounts should provide a true and fair view of the state of affairs of the company and explain its transactions.
In essence, it is important to note that a director’s duty to the company is an important one. He must at all times act with care, honesty and diligence and make decisions which are in the best interest of the company and not oneself.
For more essential information and resources on starting a successful daycare business, please visit www.setupadaycare.com
http://www.a1articles.com/article_193081_18.html
Do you know what your duties are as a director of your daycare centre? Many business owners are unaware of the legal implications of being a director of an establishment. Whilst understandably, many of us are not legal professional, it is important to know what’s required of you as a director so that you can make a conscious effort to stay away from situations which could potentially put you in conflict with your duties as a director.
A director’s duties can be categorized broadly as:
• Fiduciary Duties
• Duties of skill, care and diligence
• Statutory Duties
1) Fiduciary Duties
a. A director is required to act in genuine interest of the company’s interest at all times
As a director, he is required to act honestly and conduct due diligence when discharging his duties as a director. Should a director be forced to make a decision or undertake a transaction which may seem unviable or disadvantageous for the company, he must be able to justify other intangible benefits for the company; either to the company as a corporate entity or its group of company, the members and employees in the company or the interest of the creditors in the company.
b. A director must avoid positions where his personal interest may be in conflict with his duty
A director must ensure that he acts in the best interest of the company at all times and not be in a position where his personal interest will impair his judgment resulting in a situation where his personal interest take precedence over the company’s interest.
c. Duty to use powers for proper purposes and not for any collateral purpose
A director must understand that he is the trustee of the company’s assets and the company assets entrusted to him are to be applied for the company’s purpose and interest. It is considered a breach of fiduciary duty should the director misapply the company’s assets or abuse his power. Even if he was misguided on what was in the company’s interest, the director is still in breach of his duty should be misuse his powers. And should he misapply the company’s funds, he is in breach of criminal breach of trust, be it or not he has personally benefited from it. A director must not accept any form of reward or payment from any third party other than his company.
2) Duties of skill, care and diligence
A director must ensure that he exercise reasonable care and skill when undertaking his director responsibility with any additional knowledge and experience which he actually has..
3) Statutory Duties
A director’s breach of statutory duty can be a civil breach rendering the director liable to the company for any profit made by him or for any damage suffered by the company or a criminal offence.
a. Duty to disclose certain important information
A director is bound to disclose certain information to the company such as interest in a proposed or existing transaction or arrangement with the company or loans to director, etc. The type of information that a director is required to disclose can vary slightly from country to country and state to state.
b. Duty to ensure that the accounts are properly prepared
It is the director’s duty to ensure that the accounts are properly prepared and managed. The accounts should provide a true and fair view of the state of affairs of the company and explain its transactions.
In essence, it is important to note that a director’s duty to the company is an important one. He must at all times act with care, honesty and diligence and make decisions which are in the best interest of the company and not oneself.
For more essential information and resources on starting a successful daycare business, please visit www.setupadaycare.com
http://www.a1articles.com/article_193081_18.html
Mediation How-To For Trial Lawyers
The June issue of Trial, a publication of the American Association for Justice, contains a helpful “How-To” article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy “Hot-To” article, which discusses such topics as choosing the right mediator, preparing to mediate, selecting which strategies to utilize, getting past impasse and finalizing the mediation. The tips are summarized quickly for you below.
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Choosing a Mediator
Mr. Edelstein writes that you should chose a mediator “…who is impartial and has a strong track record for effective problem-solving, excellent negotiating skills, patience, trustworthiness, a keen business sense, and a good sense of humor.” However, sometimes a general mediator won’t get the job done. You may need to choose a mediator who focuses on a particular area, such as construction or patents.
Preparing to Mediate
Failing to prepare is one of the biggest mistakes lawyers make in connection with mediation. Mr. Edelstein suggests many tips, including:
- Decide on an initial demand
- Discuss creative solutions with client before mediation
- Provide a complete pre-mediation statement
- Discuss proper mediation demeanor with client
- Work out an agreement for the terms of the mediation
Selecting Strategies
Make sure the strategies you select are the ones that will achieve the final results that the client seeks. Carefully consider the opening position. It is an important opportunity to convey to your opponent that you are a formidable adversary prepared to litigate the case to conclusion, if necessary. Nevertheless, recognize the benefits to both parties of resolving the case sensibly through this mediation. Finally, be patient, open-minded and involved.
Getting Past Impasse
This can easily be achieved by a good mediator with effective strategies. Mr. Edelstein includes many “impasse breakers” such as:
- Refocus on the importance of the ongoing relationship
- Emphasize mutual benefits of resolving the dispute without publicity
- Review risks and costs
- Consider non-monetary settlement components
- Consider a “double-blind” proposal
- Take a recess
- Transform the process from mediation to arbitration
Finality is Key
When the mediation is final, and if it is successful, Mr. Edelstein strongly recommends getting the terms of the agreement in writing before mediation concludes. Consider having a computer and printer available to draft the terms of the final agreement so it can be signed on the spot.
Preparation, however, is Mr. Edelstein’s biggest concern. It can be the difference between success and failure. An effective mediation can save time, money and relationships.
The National Arbitration Forum offers mediation services in all 50 states. Please see their Mediation Solution page for more information.
http://www.a1articles.com/article_193741_18.html
Tuesday, July 24, 2007
Corporation Law
It has been said that one of the best qualities of US corporation law, is its federalist organization. A firm may choose its state of incorporation, a domicile that is independent of its actual physical presence, and one that can be changed at any time with shareholder approval. The corporation codes in each state contain the standard provisions for corporate governance and function as default provisions in corporate charters. The firm therefore can tailor their corporate charters to fit their needs more precisely under the state code. Just as important to them, firms may also look for a state whose corporation law best matches their needs.
The provisions in various corporation laws run the gamut from trivial housekeeping to the more fundamental need for fashioning the relationship between shareholders and managers. Corporation laws may provide for things as mundane as specifying that a corporation’s name be placed in its charter, to as esoteric a thing as specifying the fiduciary duties of managers and voting rights of shareholders, when these can be waived and procedures for corporate combinations, including when managers’ – as opposed to shareholders’ – decisions are controlling. States have provided a different set of governance defaults for small privately held firms, which are called ‘close corporation codes’. The varieties of corporation laws have an enabling approach thereby accommodating the diversity in organization, capital structure, and lines of business found in different business firms.
Most corporation laws have to wrestle with the problem of separation of ownership from control in the modern public corporation. The big, publicly held firms typically have numerous shareholders with small holdings, who cannot actively exercise control over the firm or monitor management. The holdings of the managers running such firms are usually infinitesimal. This creates what is called an ‘agency’ problem, in which the managers’ operation of a firm may deviate from the shareholders’ wishes to maximize the value of the firm.
It is not inconceivable, for example, to find managers implementing a policy that makes their jobs more secure, such as engaging in defensive tactics to thwart a corporate takeover, even though this policy may reduce the company’s value. Or, because the managers’ wealth is indexed to both present and prospective compensation in the firm, they may follow a corporate strategy to reduce firm-specific risk. A typical example is the diversification of corporate acquisitions, in spite of the knowledge that the shareholders will not benefit because they are holding diversified stock portfolios which are subject to market, not firm-specific, risks.
The primary role of corporation laws in this regard is to establish corporate governance policies that mitigate this agency problem by aligning managerial incentives with shareholder interests. Corporation laws have governance devices such as promoting shareholder-elected boards of directors to monitor managers, strengthening shareholder voting rights for fundamental corporate changes, and defining fiduciary duties that impose liability on managers and directors who act negligently or with divided loyalty (i.e. favor their own financial interest over that of shareholders). Perhaps, managers should be reminded that corporation law presumes that firms should be managed for shareholders’ interests, not those of managers, in situations when those interests are in conflict.
My name is Ashley Castellanos, and I have been helping Internet business owners set up and run their businesses correctly since 1997. I own Corporation Soft, a company that was created for, and is dedicated to teaching business owners about corporation law.
http://ezinearticles.com/?Corporation-Law&id=518256
The provisions in various corporation laws run the gamut from trivial housekeeping to the more fundamental need for fashioning the relationship between shareholders and managers. Corporation laws may provide for things as mundane as specifying that a corporation’s name be placed in its charter, to as esoteric a thing as specifying the fiduciary duties of managers and voting rights of shareholders, when these can be waived and procedures for corporate combinations, including when managers’ – as opposed to shareholders’ – decisions are controlling. States have provided a different set of governance defaults for small privately held firms, which are called ‘close corporation codes’. The varieties of corporation laws have an enabling approach thereby accommodating the diversity in organization, capital structure, and lines of business found in different business firms.
Most corporation laws have to wrestle with the problem of separation of ownership from control in the modern public corporation. The big, publicly held firms typically have numerous shareholders with small holdings, who cannot actively exercise control over the firm or monitor management. The holdings of the managers running such firms are usually infinitesimal. This creates what is called an ‘agency’ problem, in which the managers’ operation of a firm may deviate from the shareholders’ wishes to maximize the value of the firm.
It is not inconceivable, for example, to find managers implementing a policy that makes their jobs more secure, such as engaging in defensive tactics to thwart a corporate takeover, even though this policy may reduce the company’s value. Or, because the managers’ wealth is indexed to both present and prospective compensation in the firm, they may follow a corporate strategy to reduce firm-specific risk. A typical example is the diversification of corporate acquisitions, in spite of the knowledge that the shareholders will not benefit because they are holding diversified stock portfolios which are subject to market, not firm-specific, risks.
The primary role of corporation laws in this regard is to establish corporate governance policies that mitigate this agency problem by aligning managerial incentives with shareholder interests. Corporation laws have governance devices such as promoting shareholder-elected boards of directors to monitor managers, strengthening shareholder voting rights for fundamental corporate changes, and defining fiduciary duties that impose liability on managers and directors who act negligently or with divided loyalty (i.e. favor their own financial interest over that of shareholders). Perhaps, managers should be reminded that corporation law presumes that firms should be managed for shareholders’ interests, not those of managers, in situations when those interests are in conflict.
My name is Ashley Castellanos, and I have been helping Internet business owners set up and run their businesses correctly since 1997. I own Corporation Soft, a company that was created for, and is dedicated to teaching business owners about corporation law.
http://ezinearticles.com/?Corporation-Law&id=518256
Criminal Misdemeanor Law in Rhode Island (RI) - Plea Agreements - Sentencing & What is a Conviction?
This article explains pleas and sentencing in Rhode Island (RI) for criminal misdemeanors. If you are charged with a misdemeanor crime in Rhode Island you should read this legal article very carefully. However, do not use this article as a substitute for seeking independent legal advice from a lawyer. This article was written by attorney, David Slepkow 401-437-1100.
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see =>http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Rhode Island criminal, dui, divorce, family law, and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. David Practices in the following areas of law: criminal law, DUI & Breathalyzer refusal, divorce & personal injury.
http://ezinearticles.com/?Criminal-Misdemeanor-Law-in-Rhode-Island-(RI)---Plea-Agreements---Sentencing-and-What-is-a-Conviction?&id=519372
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see =>http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Rhode Island criminal, dui, divorce, family law, and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. David Practices in the following areas of law: criminal law, DUI & Breathalyzer refusal, divorce & personal injury.
http://ezinearticles.com/?Criminal-Misdemeanor-Law-in-Rhode-Island-(RI)---Plea-Agreements---Sentencing-and-What-is-a-Conviction?&id=519372
Monday, July 23, 2007
How To Incorporate Yourself Without a Lawyer
You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
Friday, July 20, 2007
The Criminal Lawyer And The Law
We’ve all seen them, the TV crime programs in which a suspect is caught and brought first to jail, and later to trial. She or he is interrogated by the District Attorney and then counter-interrogated by his or her own criminal lawyer. Yet is this all there is to being a criminal lawyer? If you’re interested in the law, wish to go to law school, or simply require a criminal lawyer, this article may give you a few steps in the right direction.
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
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