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Women and Divorce

June 1, 2018 by  
Filed under Legal Specials

Law Offices of Barbera & McElhone P.C. – Miller Place, NY

It has been said that Divorce is worse than Death. Death of a spouse is a painful wound that begins to heal after the funeral. A Divorce however, will take months or years to reach closure. Eventually these wounds will heal as well but the mourning period of the death of a marriage can linger on for many years thereafter.

Why is divorce different for women? Whether it was she or her spouse that initiated it, guilt will be a womanÂ?s initial emotion. Our traditional role as keeper of the household will force her to question everything she did or didnÂ?t do in the marriage and tend to blame herself for the failure of the relationship. The next emotion she will face is anger. Women tend to get angry only after they have finished feeling guilty. A womanÂ?s anger must be used constructively therefore; a counselor or trained psychologist is often the best person to consult with prior to or in conjunction with obtaining an attorney.

Continuing in their role as caregiver women will consider what is best for the children before she will think of what is best for her. In seeking out the best interests of her children, women think as mothers first and women second. Therefore it is imperative that women seeking divorce hire an advocate who understands her duel needs and looks out for all of her interests as woman and mother.

Divorce is a painful process but it must be remembered that it is also part of the game of life. All players have roles and perceptions are everything. A good attorney will be able to advise her client as to how the game is played and what she needs to do to insure a favorable outcome. A good attorney is an excellent negotiator and a strong advocate for her client. Good attorneys do not make their living litigating every case, but succeed instead by bringing cases to fair conclusions as expeditiously as possible.

In choosing an attorney a woman must feel completely comfortable with the attorney. She must have a sense of simpatico that cannot always be put in words and most importantly feel complete trust. The outcome of a divorce is usually a life-altering event. The agreement reached will rule for years and in the event there are children continue to bind the couple for many years thereafter. Interviewing potential attorneys is an important first step in the process. A good attorney will not shy away from tough questions nor will they guarantee success. As with all important decisions check the appropriate agencies such as the local Bar Association, and question the attorney about his or her accessibility. Finally make sure the attorney you are hiring is the attorney you will see in court. Many larger firms have associates who handle the case after the retainer is paid to the name partner. Ask to meet any attorney who may handle your case.

What To Do If You Are Arrested

May 19, 2018 by  
Filed under Legal Specials

If ever you find yourself in a situation where a law officer takes you into custody then you must realize that you have been arrested. It is important for every citizen to know what it means to be arrested and what their rights are.

If you are arrested, the officer concerned will take you to a police station, jail, or any other detention facility. Then you will be permitted to contact your attorney. They will in accordance with the law be obliged to tell you why you have been arrested.

Always ensure that your attorney is present when they photograph, you or take fingerprints of you, and if you are going to be produced before a magistrate for the official filing of charges. Be aware that you may be asked to participate in a line up, asked to give a sample of your handwriting, or provide samples of hair, blood, or urine.

If questioned you have a legal right to remain silent as anything you say may be used against you in a court of law. It is important for you to consult with your attorney before answering any questions and if you cannot afford an attorney the court will provide you with one.

When you are taken into custody the police will take your money and possessions like a watch, bracelet, or chain from you for safekeeping. You will receive a copy of the inventory and all things will be returned on your release.

Depending on the reason for arrest you may or may not be released on bail. Release on bail means your depositing cash or bail bond in court as a security against your release along with an assurance that you will appear in court when summoned. If you have a good standing in the community then the magistrate may reduce the bail or even waive it.

The thing to do is to stay clam, do not panic, and be polite and respectful towards the police officers and magistrates. Answer questions to the point. Try and remember what the arresting officers looked like, their badge numbers, license plate details and so on. Write things down as soon as you get a moment. You will benefit if there are bystanders watching. So encourage people to be present. Never act defiant or threaten about filing complaints.

Never issue statements in the belief that if you cooperate they will let you go. Always ensure that you think before you speak and that too in the presence of your attorney. In case you are arrested in a foreign country ask to contact your consulate or embassy immediately. Never sign any forms or documents until they are vetted by a competent attorney.

Never resist arrest even if you are innocent. Immediately provide your name, address, telephone number, immediate family contact details and the name of your employer. These will be essential to get bail.

Keep your wits about you and things will go well.

What do you do when a loved one gets arrested

October 6, 2016 by  
Filed under Uncategorized

When someone is arrested by the police, a specific series of events follows. The police must follow legal procedures during the actual arrest process, and at many other stages along the way to actually placing a suspect in jail.

An arrest occurs when police take you into custody and is complete the moment you, as the suspect, are no longer free to walk away from the arresting officer.

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals who are under arrest for suspicion of having committed a crime have certain rights that must be explained to them before any questioning may occur. The rights are designed to protect your right to be free from self-incrimination under the Fifth Amendment to the U.S. Constitution. There are five different rights, known as the “Miranda Rights”:

You have the right to remain silent and to refuse to answer questions.

Anything you do say may be used against you in a court of law.

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Note: Miranda rights must only be read when an individual is in police custody and is under interrogation. Therefore, if the police stop you to give you a traffic ticket, and you start explaining to them why you were speeding, you cannot later protest that you were not read your Miranda rights. While the police may have been “interrogating” you in a certain sense, you were not in police custody.

If you are stopped by the police, they may frisk you by performing a “pat-down” of your outer clothing in order to determine if you are concealing a weapon. Later, after your arrest, they may perform a full-blown search of your person and immediate surroundings to ensure that you do not have any weapons, stolen items, contraband, or evidence of a crime. If the police take possession of your car, it may be searched as well.

In many jurisdictions, you have the right to make a telephone call, or calls, once you are placed into custody. In some states, you are only allowed to call someone in order to secure a lawyer or to arrange for bail, although you may be able to call a family member or friend to help you make those arrangements. Generally, you are not entitled to make a telephone call until after you have been booked.

The police may take any personal property or money that you have with you and put it in a safe place after performing an inventory. The police will ask you to sign the inventory and, after reviewing it, you should do so if you agree with the contents of the inventory.

Once you are arrested, you will be booked. During the booking procedure the police will ask you for basic information about yourself (such as your address and birth date), and fingerprint and photograph you. You may also be asked to participate in a line-up, give a handwriting sample or do similar things.

If you are detained but not booked within a reasonable period of time (usually several hours, or overnight) your attorney may go to a judge and obtain a writ of habeas corpus. A writ of habeas corpus is an order issued by the court instructing the police to bring you before the court so that a judge may decide if you are being lawfully held.

If you are placed in custody, you have the right to a “speedy trial,” which usually means that the prosecutor must decide within 72 hours which charges, if any, will be filed. A prosecutor is not bound by the initial charge decision, but may later change the crimes with which you will be charged once more evidence is obtained.

Note: The required time in which a prosecutor must make a charge decision varies from jurisdiction to jurisdiction. While many state laws require the decision to be made within 72 hours, other states, such as California, require that the decision be made within 48 hours after you are taken into custody.

You will have an appearance in court called an arraignment at which point the charges against you will be read and you will be asked whether you plead guilty or not guilty.

Note: A third possible type of response to an indictment is that of “nolo contendere” or “no contest.” Nolo contendere is not strictly a plea, but means that you do not contest the charges made by the government. The plea of nolo contendere cannot be used in other aspects of the criminal trial as an admission of guilt, but can be used only in the indictment phase as an implied confession of the specific offense charged and an admission of the facts stated in the indictment. A plea of nolo contendere is only accepted by a judge if they feel that it is being made voluntarily and intelligently.

If you are placed in jail, you may be able to get out prior to your trial if you “post bail.” Bail is money you pay to the court in order to ensure that you will appear in court when told to do so. If you do appear as required, the bail will be refunded to you. If you do not show up, the court keeps the money and can issue a warrant for your arrest.

Bail may be paid in cash or in a cash equivalent. You may also be allowed, depending upon the circumstances, to post a bond. A bond is a guarantee of payment of the full bail amount should the need arise. In other situations, you may be allowed to be “released on one’s own recognizance.” This means that the payment of bail is waived on condition that you appear in court when required. This is generally only used in crimes which are minor in nature or where the judge is of the opinion that you are a trustworthy individual who is unlikely to flee the jurisdiction.

Not every arrested individual is entitled to bail. In particularly heinous crimes, or where there is a risk that the defendant will flee the jurisdiction or harm members of the public, bail may be denied and the defendant will be kept in jail as a “pre-trial detainee.” You may also be considered a “pre-trial detainee” if you are unable to post bail for your release. Bail Bond Executives is the 1st Choice for all your Bail Bonds needs, They are discreet and get you out of jail Fast. >http://bailbondexecutives.com/

The judge is responsible for setting your bail. In many jurisdictions, there is a pre-set schedule listing the bail amounts for particular crimes. In other situations, bail may be determined on a case-by-case basis. The Eighth Amendment to the U.S. Constitution requires that bail not be excessive.

When do you need an attorney?

July 4, 2016 by  
Filed under Featured, Legal Tips

Bad things can happen to anyone at anytime. There are some mistakes that people make that do have consequences that come with them. Sometimes these mistakes can lead to court appearances and heavy fines added in. When this is a problem for anyone, it may be a good idea to talk to an attorney and find out your rights. It is always better to have someone else on your side when you get into trouble.

There are many ways that you can find a good attorney. You can simply look in the yellow pages or online for a listing of the local attorneys in your area. You can call around until you find one that is willing to help you with your situation. Another way to find a good firm is to get referrals. You can ask around for some good advice from people that have used one before. This is usually a good way to get help with this kind of need.

There are lots of reasons why someone may need to hire an attorney. It can be anything from a simple traffic violation to more serious things like assault or theft. Whatever the reasons may be, you should find an attorney that only handles certain kinds of law. For some attorneys they will specialize in a specific part. This is always going to be the best way to go when you are trying to get the best possible representation.

Many times people may find that they need to have a family matter or real estate matter taken care of through the court system. When this happens, it is going to be required that you get an attorney to help you settle the matter. If you are trying to get something resolved by the law, you need to have the proper representation so that you can do your best at winning.

Anytime you purchase or sell a home, you will find it necessary to have an attorney handle some of the paperwork. It is just the normal formality things that they have to settle. It is a lot easier on you when you find someone that knows this kind of work best. You will have a better time at getting everything handled in a timely manner.

Most attorneys do require a retainer paid up front before they perform any services. This is going to be a fee that is usually a few hundred dollars. This will cover some of the up front costs so that they can get started on fighting your case. This is a formality so you should make sure that you could afford the attorney before you decide to choose them.

Getting an attorney is going to be the best way to handle any legal problem that you may have. You should never go at anything alone and having someone on your side is the best way to make sure that you are taken care of.

We recommend the best rated Attorneys in California Law Offices of Tarman & Shamuilian ( Bobby) www.tslawteam.com/attorney-profiles/bobby-shamuilian

Tips on Selecting the Right Personal Injury or Car Accident Lawyer

June 3, 2016 by  
Filed under Legal Tips

If you are in a car accident and suffer an injury, you should consult with an attorney. Although most people would like to do the right thing and compensate your for your injury, it is rarely up to the person which caused the injury. In fact, it will more than likely be at the discretion of the other person’s insurance company. In addition, as we all know, insurance companies will do everything in their power not to offer compensation for your injury or offer a settlement to you way below what you would receive if you had hired a lawyer. If you did not know, insurance companies profit from this type of under compensation.

An experienced car accident or personal injury lawyer will know how to negotiate with the insurance company, build your case, and take your case to trial if necessary. It is not advisable for you to meet personally with the insurance company without your lawyer present. Insurance companies will do everything they can to take advantage of you and will obtain statements from you that could jeopardize your case if you should decide to sue.

Find the right lawyer can be a time consuming and challenging task. Usually people begin their search when they are in need of one immediately. A lawyer should be selected for their expertise and experience in car accident cases. The right lawyer will have experience in cases such as yours and will be able to take action immediately. The right lawyer will know what to do immediately without having to research your case or check court decisions, as he/she should be familiar with your type of case. Selecting the right lawyer will save you time and money in the long run.

Begin your search for your lawyer as soon as possible. A critical deadline called ¡°statue of limitations¡± and other deadlines may give you a limited amount of time to take legal action. Do no rely on advice from friends and family in choosing your lawyer, doing so will limit your search for the ¡°right lawyer¡±. However, if a family member or friend can recommend a lawyer that has work experiences in a case similar to yours, then act on their recommendation and make the appointment to meet him or her.

The most important factor in selecting your lawyer is that you are comfortable speaking with him or her and that you feel that a working relationship can develop. A good working relationship and communication can be a vital key to the success of your case.

What is Fair Use?

May 21, 2016 by  
Filed under Featured, Legal Tips

Copyright 2006 Sharon Housley

As the Internet matures, users and governments are struggling to manage controversial issues. Lets face it, the Internet did not exist when the US copyright laws were written;let us not forget, while many countries respect copyright laws, the Internet is global without a governing body. There are not only different laws, rules and regulations, but also jurisdiction issues. RSS didn’t exist when copyright laws were written either. While ardent supporters feel any content in a feed can be syndicated, other equally fervernet publishers contend that original works are just that–original works, and in many countries protected by copyright laws.

Much of the Internet is uncharted terroritory. There is no single agencies that has complete control over content or censorship, and it is unlikely that there will ever be a recognized body that regulates and agrees to terms and conditions to govern the online world. At this point, the location of webhosts and companies owning domains dictate what laws that are observed. In other words, if a company in the US or UK is violating a copyright and their host is in the US or UK, it will be easy to enforce copyright laws in the event of a violation and have the website content pulled. If the website is located on a server in a region that does not recognize or acknowledge the rights of a copyright holder, the web host will be less likely to cooperate in removing the offending content.

Regardless of whether you manage an RSS feed or syndicate existing feeds, it is a good idea to become familiar with what constitutes fair use under copyright laws. Fair use allows portions of copy written material to be reproduced or republished without the consent or permission from the copyright holder.

Determining protection can be complex. Fair use is often disputed, and it is difficult for legal scholars to understand, and even more difficult for publishers to decipher. When determining fair use there are a few questions that help determine whether a copyright violation has occurred. The questions you should ask are:

Is the work protected? How much material is copied? What is the nature of the work that was copied? Is the individual reproducing the work profiting? How was the original works affected by being copied?

When attempting to determine copyright protection, it is important to remember that the US copyright law does not require a notice to appear in order for creative works to be protected. The fact that the work is unique and is “created” is enough to ensure protection.

Not surprisingly, creative works that contain a higher level of complexity have a higher degree of protection. The fair use doctrine is part of US copyright law and it allows for publishers to incorporate some copyrighted material into works without the expressed permission of the copyright holder.

Keep in mind that fair use is based on the belief that the general public and media are entitled to freely use portions of copyrighted materials. The fair use extends to commentary on the creative works, criticism of creative works, or even the creation of a parody that relates to the copyrighted material. Understanding the intent of the copyright laws help publishers interpret them.

Xbox Murder

July 19, 2014 by  
Filed under Legal Tips

It happened on August 6, 2004. A gruesome murder. At approximately 1am, six individuals were stabbed and then beaten to their deaths. The murdered victims were Michelle Ann Nathan, 19; Erin Belanger, 22; Francisco Ayo-Roman, 30; Anthony Vega, 34; Roberto Gonzalez, 28 and Jonathan Gleason, 17. Most of the victims were asleep when the attack occurred. According to reports, the victims did not fight back.

What in the world could have caused the heartless criminals to violently kill the aforementioned and two small dogs? The shocking answer is a Xbox game. The murderers were squatting at one of the victim’s grandparent’s vacant home. When the Xbox game and some clothing were removed from the home, where they were staying illegally, the boys became enraged.

A clerk at Wal-Mart told investigators that the band of criminals was joking and laughing about killing people. The crew bought baseball bats—this was just two days before the heinous crime. What happened next was simply gruesome. That was almost two years ago. The trial, which had to be moved due to excessive media coverage, is about to get underway.

The prosecution is adamant about seeking the death penalty if the defendants are convicted. To bolster their case, they managed to get one of the crew to flip. His name is Robert Cannon, 19, and he’s going to spill the beans about the destructive events on that fateful August morning. In exchange, Cannon will serve a life sentence. The other three are Troy Victorino, 29; Michael Salas, 20 and Jerone Hunter, 20.

The group is facing six counts of first-degree murder, five counts of mutilating a dead human body and many other felony offenses. Troy Victorino has been labeled as the ringleader. Just before the fatal attacks, he was arrested for beating his friend in the face with a walking stick. Victorino was released on a pitiful $2,500 bond. He was now free to coordinate and strike again.

Due to the bloody evidence in the prosecution’s possession, one can assume that the defendants stand a very good chance at receiving capital punishment if convicted. Since Robert Cannon flipped, the prosecution has a very good case. It will be an uphill battle for the defense. The trial is expected to last about two months. This trial was moved, due to the overwhelming media coverage, to St. Augustine.

Will Riches Come From Your Invention Submission

July 19, 2014 by  
Filed under General

Copyright 2006 Stellar Force

When you have an earth shaking idea, you want to protect it. The reason, of course, is you want to reap the financial rewards from the idea that you came up with.

Money Barriers

There are 4 barriers that you must get through to get to the money on the other side:

1. Is your idea original with you? Often, what you think is your original idea, was actually patented previously. To answer this question, you need to perform a patent search. A good patent search will define what has been patented, that is related to your invention. It can also help you decide how to position your patent between the patents already issued or pending in your subject area.

2. Can you afford the cost of a patent attorney to prepare the patent for you? If you can’t afford the $10,000-$20,000 that a patent attorney will charge to do the whole job, you can do much of the process yourself and save money. However, there are parts of the patent that are essential for a patent attorney to perform. The most important of these are the claims. If the claims are not correctly done, then the patent will likely not be defendable. Strong patents are worth much more money!

3. You must pay the patent office fees for you invention submission. The government fees are something that you can’t get around. Now the waiting begins. It may take up to 2 years before your patent is actually issued. Part of the delay, may be requirements for adjustments to the filed patent by some whimsical patent agent. You must be prepared to make the necessary adjustments that are requested by the patent office. If you don’t respond to their requests in a timely manner, your patent application will be considered abandoned. At least you now have patent pending status.

4. Is your patent commercially feasible? What if you have spent your money and your time to get a patent, and no one feels it is valuable? A little market research before you begin the invention submission patent process is a very good idea. A few questions that you might want to ask are: “What is the demand for your product?” “Are the other products out there that can do the same thing?” “Can it be sold for a price that will yield a satisfactory profit after costs?”

If you really have faith in your revolutionary idea, then it may be worth exploring whether it will be able to cross the above barriers. The cost that you incur to overcome each of these barriers is your bet that your patent will be a financial success. Your submission of your invention to the patent office may just be your ticket to financial security!

What shows up on a criminal record background check?

July 19, 2014 by  
Filed under General

A criminal record background check can throw up a lot of information on an individual including previous arrests as well as conviction and non-conviction information. The information is obtained from Federal Fugitive files, files from the Department of Corrections prison, state criminal records, databases on sex offenders, and prison parole records. There are various agencies that perform criminal record background checks; these agencies have access to more than 200 million criminal records from all across United States, local courthouses, and the National Criminal File.

The information revealed in criminal record background checks is of critical importance to employers of all kinds. Childcare institutions are extra careful about recruiting personnel and check if the prospect has a record for child molestation. Employers, such as infirmaries and hospitals need to make ensure that their workers do not have a history of violent behavior or drug abuse as they may be required to handle drugs.

Industries that execute government contracts will not want employees with an anti-establishment disposition or with a terrorist connection. The information provided by a criminal record background check can also help neighborhood communities to get an idea about individuals planning to move in. The process of obtaining criminal record information consists of contacting a company that provides such a service; one should have a clear understanding of the type and extent of information required. This helps in obtaining the information quickly and at a lower cost. All the same, there are some free resources as well, such as the local police station that may be maintaining an online database of convicts and sex offenders.

A standard criminal record background check includes the name, race, gender, D.O.B, number of offenses, date of conviction, risk level, and charges. The information provided can be used not only by employers but also by landlords who wish to do a background check on prospective tenants. This is because simple credit checks are no longer considered sufficient; it is perfectly possible for a person to have a good credit record but some other blot on his record.

The growth of the Internet has resulted in burgeoning sex crimes and online frauds. Often face-to-face meetings set up after online acquaintance end up in an unpleasant experience for one party. This can be avoided by running a criminal record background check. At the same time, the Internet has also made it easy for people to look up the backgrounds of others. In fact, many databases provide criminal background checks for people not only in the U.S but also in Canada and the U.K. One should keep in mind that in order to avoid getting caught in a criminal case, a background check from a traditional agency should be obtained. A check done from agencies providing instant checks may not yield complete results.

What is a trademark anyways?

July 19, 2014 by  
Filed under Legal Specials

We’re not necessarily talking about Elvis’ trademark sideburns or Catherine Hepburn’s trademark voice, but that’s not too far from the path.

They’re everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it’s necessary that you get to know them if you have business endeavors of any kind. Whether you’re making your own trademark or using other trademarks, there’s a whole lot to learn.

The definition of trademark is a pretty simple one. It’s only later that the topic gets complicated. Basically, a trademark is just a sign of some kind that distinguishes a company from all the rest. Trademarks sit under the umbrella of “intellectual property.” A trademark can come in many different forms. Maybe it’s am image or a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the phrase “that’s hot.” Indeed, there’s a lot of controversy over what can and should be trademarked.

Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It’s important that your company has a signature and unless it’s protected, it’s useless and can be used by just about anyone. A trademark might seem a simple concept enough, but if you overlook the issue, it could cost you a lot down the road.

When talking about trademarks, you’re bound to get into some murky water. For instance, some marks, logos, phrases, images, etc, become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. When we think of trademarks in this way, it’s pretty apparent that a trademark is not a narrow concept at all. Anything that conspicuously distinguishes something from something else, in a sense, can technically be a trademark.

What about those little circles with the “TM” and “R” in them? What do they mean? The “TM” refers to trademark and the “R” refers to a registered trademark. While they serve as gentle reminders that the trademark is protected by law, they aren’t necessary. There are both unregistered and registered trademarks out there, the latter obviously carrying more weight in a court of law. Most of the trademarks you see on TV and in magazines are registered.

Just as with physical property, intellectual property – when handled in court – is dealt with based on its jurisdiction.

There are five basic kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and generic. On the other hand, there are some symbols that can never be used in trademarks, like national flags. It’s also important to note that national and international trademark law vary, so especially if you are conducing business overseas, you should be aware of that.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it’s not formed carefully, it may misrepresent and misdirect your company. So choose your trademark intelligently and make sure you understand the law backing it up so that you can put it to good work.

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