Pleas & Court Appearances in New York Criminal Courts

Written by Susan Chana Lask, Esq.

Continued from page 1
If you miss a court appearance, a warrant for your arrest is issued Your Right To A Speedy Trial The time for you to get a speedy trial starts running fromrepparttar daterepparttar 119270 criminal complaint is filed against you. A trial for a violation must be held within 30 days. A misdemeanor trial must occur within 90 days. A felony trial must take place within six months. The time periods for a speedy trial are “tolled” (stopped) because of certain motions made by your attorney or certain hearings. They are not tolled ifrepparttar 119271 District Attorney requests adjournments without your consent. They are also not tolled ifrepparttar 119272 District Attorney is not ready for certain appearance dates.  This is called "excludable time" forrepparttar 119273 purposes of determining when a trial must be held. Making A Record      At each court date, there will be a stenographer typing every word ofrepparttar 119274 proceeding to make a record of it. Your attorney must make surerepparttar 119275 record is clear that you do not consent to an adjournment or thatrepparttar 119276 District Attorney was not ready. Being clear is important, becauserepparttar 119277 court is overwhelmed with hundreds of cases a day. Sometimesrepparttar 119278 judge will not keep a good record or his notes on your file will be unreadable andrepparttar 119279 judge later can’t recall what happened. To be clear and to protect your rights, state onrepparttar 119280 record that "defendant does not consent torepparttar 119281 adjournment and time should be charged torepparttar 119282 People" or state that "The District Attorney is not ready and time should be charged torepparttar 119283 People." Make surerepparttar 119284 stenographer hears what you say because you may later have to order those records fromrepparttar 119285 stenographer to prove what happened atrepparttar 119286 hearing. Ifrepparttar 119287 stenographer did not hear you or your attorney then you will not have a record that will benefit you. Make sure you both speak loud and clear at each court date to protect your record.

This article is certainly not all inclusive and is intended only as a brief explanation ofrepparttar 119288 legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, please call or write:

Law Offices of Susan Chana Lask 853 Broadway, Suite 1516 New York, NY 10003 (212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. She can be reached at

Overview of Trademark Law

Written by Henry J. Fasthoff, IV

Continued from page 1

To be eligible for any level of trademark protection, a mark must be “distinctive” and not merely “descriptive” ofrepparttar goods or services. Whether a mark is distinctive and “how” distinctive or strongrepparttar 119269 mark is can be determined by a sliding scale. Marks can be (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Whether a particular mark is protected by trademark law depends onrepparttar 119270 strength category into which it falls.

A fanciful mark is one that is invented forrepparttar 119271 sole purpose of being a trademark. For example, EXXON is a fanciful mark. It is a word that does not exist inrepparttar 119272 English language and was created only forrepparttar 119273 purpose of identifyingrepparttar 119274 oil and gas company.

An arbitrary mark is typically an existing word that is arbitrarily applied to a product or service that has nothing to do withrepparttar 119275 word. For example,repparttar 119276 mark APPLE as applied to sales of computers.

A suggestive mark is a mark that suggests a quality or characteristic ofrepparttar 119277 goods or services. Suggestive marks require some level of imagination to bridgerepparttar 119278 connection betweenrepparttar 119279 mark andrepparttar 119280 product. For example,repparttar 119281 mark PENGUIN as applied to refrigerators.

A descriptive mark is a word that merely describes a quality or characteristic of a product. Descriptive marks are not entitled to trademark protection unless they have obtained “secondary meaning” underrepparttar 119282 trademark law. An example of a descriptive mark would be LIGHT to identify a lightweight notebook computer.

A generic mark simply identifies by name a particular product. Generic marks are never entitled to trademark protection. An example of a descriptive mark would be MODEM in connection with modem sales. If trademark protection were allowed in this instance,repparttar 119283 company could essentially removerepparttar 119284 word “modem” fromrepparttar 119285 English language.

Mr. Fasthoff represents corporate clients and individuals in the fields of commercial litigation; entertainment litigation; intellectual property litigation; arts law; technology law; and a wide variety of other business litigation matters.

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