Archive for July, 2009

What is a Criminal Lawyer?

Amy Nutt asked:


In law there are two basic types of off lawsuits: criminal and civil. Civil lawsuits are lawsuits between two private parties, often two people. Criminal lawsuits are lawsuits brought by the state or federal government against an individual or group. Civil cases are initiated by the victim, and criminal cases are initiated by the government through a prosecutor. Criminal lawyers are those who defend the plaintiff in criminal lawsuits.

What Criminal Lawyers Do

Criminal lawyers represent their clients in lawsuits that are initiated by the government. Their clients are individuals or groups who have been accused of acts that are crimes of some sort. It could be a misdemeanor, which is a less serious crime like drunk driving, or it could be a felony, which is a serious crime like murder that could end in jail time or even the death penalty. Many people drugs without prescription think of felonies when they think of criminal lawyers, but criminal lawyers also represent plaintiffs who are facing misdemeanor charges.

Criminal Lawyers Early in a Defense

Many people who are being charged with a crime wait to hire a lawyer. Perhaps they think the charges will be dropped, or maybe they think that the potential punishment does not warrant the cost of hiring a lawyer. They may think they can represent themselves in an attempt to save money. Whatever the reason, this is a dangerous idea, because criminal lawyers can often be of the most help early in the process.

One way that a lawyer can help is by negotiating a dismissal of the case. Lawyers know how to spot potential weaknesses in the prosecutor’s defense. Sometimes by presenting these weaknesses to the prosecuting attorney, they can help to negotiate a dismissal of the charge before the charges are officially filed.

A lawyer can also help a plaintiff by helping to negotiate a plea bargain. This involves an admission of guilt in return for a lessening of the potential consequences and an avoidance of the courtroom appearance. Many people charged with misdemeanors can avoid much of the expense of a court case by plea-bargaining.

Plaintiffs who are involved in crimes that are part of an ongoing investigation can use a criminal lawyer to help negotiate a lesser sentence in return for cooperation in the investigation. For instance, if a plaintiff knows information about another aspect of the crime that could help the prosecutors capture a high-profile criminal, the prosecutor may be willing to drop some charges in return for that information. A lawyer knows how to approach the police or the prosecutor to present this proposition.

Tips for Working with a Criminal Lawyer

If you are in a position where you need the services of a criminal lawyer, you need to work with your lawyer to ensure that your defense goes as smoothly as possible. Even if you are just facing minor charges, your lawyer is the only person who can help lower those charges and save you thousands of dollars and protect certain freedoms that you could lose with a “guilty” conviction.

No matter what, do not discuss your case with anyone other than your lawyer. Anything that you say about your case outside of your lawyer’s office could be repeated in the courtroom. Your lawyer operates under “attorney-client privilege,” which means that he cannot be forced to share with anyone what you tell him in confidence. Other people in your life do not have this protection.

Be honest and upfront with your lawyer. He cannot help you if you do not tell him exactly what happened, even if it makes you look bad. Answer all questions, and let your lawyer lead the defense. He knows how to best present the information so that you are honest, yet appear as guilt-free as possible to the jury or judge. Remember, your attorney is on your side, so treat him and his staff with respect as you work through your case.



Can you Trademark your Business Name?

SD Lawyer asked:


A trademark is a consumer oriented thing. While it protects the intellectual property of businesses, it is a legal step designed to protect consumers. The basic idea is a trademark should point to a particular product or service and only be used by the company backing those items. This helps consumers in two ways. First, it represents an assurance of a particular type of quality associated with the products or services provided by the company. Second, it precludes other companies from buy phentermine without prescription causing consumer confusion by infringing on that mark.

When it comes to your business name, you can trademark it if certain requirements are met. I am going to avoid the legal mumbo jumbo that confuses people, and stick with a general rule of thumb. If you use your business name in advertising or on the product or service, you can trademark it. A classic example is “Google”. Google is both a company name and used on the service itself. When you go to the home page of Google, you see “Google” prominently displayed. As a result, this business name can be trademarked.

If you do not use your business name in a direct communication to consumers, you cannot trademark it. Why? Well, there is nothing distinct about it that reminds consumers of the connect. TJMaxx is a well-known discount retail store. Most people have at least heard of the name. The company behind the name, however, is actually TJCos. Nobody has heard of “TJCos” and certainly do not associate it with a store. As a result, this business name would be difficult to trademark, if not impossible.

If your name is going to be a fundamental part of your marketing effort, you should consider trademarking it. If it is not, then your probably should save your money. Obviously, each situation is different, so make sure you speak with legal counsel in your area.



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