Pleas & Court Appearances in New York Criminal Courts

Written by Susan Chana Lask, Esq.

At arraignment,repparttar District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases sorepparttar 119270 District Attorney can rightfully concentrate onrepparttar 119271 more serious crimes. If you were arrested for misdemeanor shoplifting and you arrive atrepparttar 119272 arraignment with no prior arrests, most likelyrepparttar 119273 District Attorney will offer yourepparttar 119274 option of pleading guilty to a lesser violation and a few days of community service with a fine. You haverepparttar 119275 option to endrepparttar 119276 process by acceptingrepparttar 119277 lower charge of a violation, which is not a crime but will appear on your record inrepparttar 119278 future. If you acceptrepparttar 119279 plea then you will actually plead guilty to a lesser offense onrepparttar 119280 record andrepparttar 119281 court will most likely impose a fine and community service or counseling, depending upon what you andrepparttar 119282 District Attorney agreed to. If you don’t acceptrepparttar 119283 plea, you will simply plead "not guilty" and continue your criminal court appearances. Your attorney will file various motions and hold hearings to discover what evidencerepparttar 119284 District Attorney has against you or to getrepparttar 119285 charges dismissed. An example of such a hearing would be called a "Huntley Hearing". In that hearing your attorney's objective is to get any incriminating statements you made suppressed, meaning they can not be used against you. The point of that hearing is thatrepparttar 119286 police obtained statements from you invlountarily. Atrepparttar 119287 hearing your attorney will cross-examinerepparttar 119288 police involved in your arrest by asking them detailed questions. If your attorney can prove your statements were coerced or obtained form you in some way involuntarily then you have just eliminiated a criucial piece of evidence against you, making your case of innocence stronger.      As you proceed further throughrepparttar 119289 criminal court process,repparttar 119290 plea to a lesser charge may or may not be offered again. Whether or not you accept a plea is something only you and your attorney can decide, based upon your circumstances. Just remember thatrepparttar 119291 plea will always be on your record as opposed to fightingrepparttar 119292 charges if you’re innocent and gettingrepparttar 119293 whole criminal case dismissed, clearing your name. Your Criminal Court Appearances      If you plead not guilty and are released “ROR” (meaning without bail and on your own recognizance) or on bail, you’ll be givenrepparttar 119294 next date to appear beforerepparttar 119295 court. At that timerepparttar 119296 court will set deadlines for your attorney to complete certain work on your behalf. The District Attorney has a limited period of time to complete his investigation and state onrepparttar 119297 record he is ready for trial. The time limits are mandatory to protect your constitutional right to a speedy trial. So you should be prepared to quickly prove your innocence. Being accused of a crime is a stigma, andrepparttar 119298 reality is that you are actually presumed guilty until you prove your innocence (contrary torepparttar 119299 belief that "you are presumed innocent until proven guilty").

Overview of Trademark Law

Written by Henry J. Fasthoff, IV

Trademark law gives companiesrepparttar exclusive right to use a given name or design, called a “mark,” forrepparttar 119269 purpose of identifyingrepparttar 119270 sourcerepparttar 119271 of that company’s goods or services. Trademark law is an incentive-based system. Because it gives companiesrepparttar 119272 exclusive right to use a mark in connection with certain goods or services,repparttar 119273 company can create a brand that is recognizable byrepparttar 119274 consuming public. That trademark would be associated with and incorporated into every advertisementrepparttar 119275 company runs for its goods or services. Repetition of those advertisements containingrepparttar 119276 trademark causes consumers to associaterepparttar 119277 mark withrepparttar 119278 goods and, with enough repetition, consumers buyrepparttar 119279 goods.

A brief, but related, digression. We all know that if you see a product advertised frequently enough,repparttar 119280 product will sell. You might even be one ofrepparttar 119281 people who buysrepparttar 119282 product. The thinking process by which you reachedrepparttar 119283 decision to buyrepparttar 119284 product is not an intellectual, logical process. It’s a function ofrepparttar 119285 wayrepparttar 119286 human mind works. Continually hearing a repeated message makesrepparttar 119287 message more familiar, more real, and, eventually, more true. Asrepparttar 119288 adage says, “evenrepparttar 119289 boldest lie becomesrepparttar 119290 truth if you scream it loud enough and long enough.” I call thisrepparttar 119291 “Lie = Truth” Adage. Sadly, I frequently encounterrepparttar 119292 “Lie = Truth” Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies knowrepparttar 119293 “Lie = Truth” Adage can be very successful in advertising. The cynic would pump his fist inrepparttar 119294 air yell “Down withrepparttar 119295 corporations, and power torepparttar 119296 people! Allrepparttar 119297 corporations care about is taking our money at all costs!” While we can point to some recent examples that might make it challenging to argue against this viewpoint, as torepparttar 119298 overwhelming, vast majority of companies, that view simply cannot be supported.

Trademark law creates very strong incentives for companies to makerepparttar 119299 highest quality product possible and to advertise their merits and attributes accurately. Aside fromrepparttar 119300 fact that companies invest anywhere from thousands to millions of dollars in their trademark(s), all it takes is one bad product line to tarnish a company's image inrepparttar 119301 minds ofrepparttar 119302 consumers who buyrepparttar 119303 products. Both of these factors hit companies where it hurts them most: inrepparttar 119304 pocketbook. So, while companies clearly have to perform a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.

Cont'd on page 2 ==> © 2005
Terms of Use