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What is an alibi and how it works?

An alibi is evidence that proves that the defendant in a criminal case was somewhere else when the crime occurred. The defendant will have to rely on a witness or evidence (camera footage) that he or she was at a different location at the time of the crime.

Although a defendant may have an alibi, they may choose not to testify personally, because they can be charged with other crimes if they are questioned further. In other instances, testifying may put the defendant at risk of the prosecutor attacking the defendant’s credibility and even highlighting prior convictions. Once a jury believes that the defendant may be lying, it can be difficult to change their minds.

However, the defendant offering the alibi as a defense will not assume responsibility to verify the alibi. This task rests on the prosecution and will require finding the defendant guilty beyond reasonable doubt. However, the judge and jury will weigh the credibility of the defendant with the evidence put forward.

Most states will require the defendant in criminal cases to disclose information and an intention to rely on an alibi as evidence at a trial. The process is called “discovery” and will provide prosecutors the opportunity to investigate the validity of an alibi and to prepare to undermine its credibility.

If you or someone close to you is charged with a crime, it is best to speak to an attorney who has experience in handling criminal cases.

Five tips to help you run a successful dental practice

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

What happens if I am not read my rights?

If a person is not read his/her rights before being questioned, any evidence obtained from the suspect may be inadmissible as evidence. Here are some details that you should consider.

The Miranda Rights have to be read to a suspect before they are interrogated. They are as follows “You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.” If a person is not in police custody, these rights do not have to be read.

If arrested, you should ask for clarification before speaking to an officer. You can always leave the station if you are not under arrest. For some reason, if the officer does not let you leave, you can ask for an attorney before answering any questions. You cannot be under arrest for not answering questions. If you are under arrest, an attorney will advise you to remain silent, until you have spoken to your attorney in private.

If you or someone you know under arrest, advise them to speak to an attorney first. If you have been read your rights or not, speaking to an attorney will give you a better chance at trial.

How to legally start a business?

If you are considering starting your business, you may be confused and stressed with the prospect of having to make a lot of decisions. Remember that planning a business also requires you to set up your business, so that follows legal government guidelines. Here are a few tips on how to start a legal business.

Prepare a business plan – A clear well thought through business plan will help to serve as a blueprint for your company’s future operations. It will also serve as a document for obtaining capital and financing your operations.

Choose a location to set up your business – Although you may think that starting your business in your home state is best, there can be legal advantages if your business is opened in other jurisdictions.

Obtain financing or other forms of startup capital – Look at speaking to a few financial institutions that will offer you capital to start-up your business. This entire process can take Therefore, it is best to apply to at least three institutions at one given time.

Determine a legal structure for your business – There are many business entities, and they offer different advantages and disadvantages regarding tax implications, governance and legal and procedural requirements.

Register your business – Register your business in the jurisdiction you choose and renew your registration annually to ensure that your company remains legally in existence.

Obtain a Tax ID, licenses and permits – You will have to obtain a tax ID from the IRS, so you establish separate taxation as a business entity. Licences and permits will have to be obtained to operate within certain areas legally.

Entertainment Law: Breaking Down the Billing Aspect of Secondary Markets

Article submitted by Barry K. Rothman.

Early on in one’s career, an entertainment attorney must establish proper guidelines of conduct within early in their careers. Many contend that there is something special and unique about having an artist-lawyer relationship within the entertainment industry. However, those that have practiced in the entertainment industry for a long period of time know that this relationship cannot stem past a client-attorney relationship. Failure to follow this can lead to fiduciary responsibilities that the artist owes to the client.

Billing Concerns

All attorneys that are starting in the entertainment industry are going to be faced with the issue of how to bill their clients that cannot afford to pay your current ongoing rate. Now, unlike most traditional lawyers, attorneys that work in the entertainment industry can create varying fee arrangements with their clients – this can actually work to your benefit. However, in certain instances, nontraditional arrangements can also lead to a breach in both professionalism and ethics if not handled carefully. Be sure that you and the client both agree to a contract that he or she must legally be bound to prior to signing the contract.

Percentage Fee Arrangement

One of the most current forms of billing is to take a percentage fee arrangement from their clients. Now, these structuring fee arrangements require you to be extremely attentive throughout the process. Attorneys that are starting out in the entertainment field must develop acceptable fee and billing practices from a professional and ethical perspective. Remember, your career is on the line when you break tradition so be sure that you understand what structure you are going with and whether or not it’ll be beneficial for you in the long run.

Article submitted by Barry K. Rothman. Just by looking at a few Barry K. Rothman reviews online, you’ll notice how much of an impact Barry K. Rothman has on his clientele and past cases. Contact his firm today to see how he can help you.

Police Laws

Blog written by Barry K. Rothman.

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

Blog written by Barry K. Rothman. Read Barry K. Rothman reviews online to see how this boutique law firm helps clients throughout the entertainment industry strike a fair deal.

What is fraud law?

Article written by Barry K. Rothman

Fraud law addresses issues with people wrongfully obtaining money, property, or other benefits by dishonesty. Fraud is considered a felony and can mean a conviction of one year or more years in jail. Other penalties can also include fines, victim reimbursement, and community service. If the case is heard in civil court, usually the plaintiff receives compensation in the form of money. Here are some key areas to be considered in fraud cases.

Fraudulent Intent – To prove the defendant has been fraudulent the victim’s lawyer has to prove that the defendant intended to defraud the victim. Most often fraud cases will not have direct evidence that the defendant had intent.

Common types of fraud crimes – The most common types of fraud cases heard in US courts are check and credit card fraud. Check fraud cases involve the defendant writing a check and the account not having sufficient funds, causing the check to bounce. Most often first time offenders will only have to pay a modest bank fee. However, repeat offenders can be convicted, resulting in jail time. Credit card fraud occurs when someone uses a person’s credit card to make a purchase. Often cards have been stolen, or the credit card number obtained when a purchase occurs. Other forms of fraud include counterfeiting, money laundering, prize fraud, investment schemes and mortgage scams. Nonfinancial fraud also includes romance schemes and identity theft. Each year more unique methods of fraud are developed, forcing new laws to be created.

Article written by Barry K Rothman. Barry K. Rothman provides skilled legal services to individuals in the entertainment industry. See Barry K. Rothman reviews to find out more.

 

Types of mediation

Construction mediation is a sensible option for some construction disputes, as it allows for parties to discuss issues and arrive at a solution in a shorter time compared to arbitration. Here are some of the types of mediation methods that can be used by organizations.

Facilitative mediation – This form of mediation, uses a neutral third party who guides the negotiation The facilitator will help parties overcome deadlocks and encourage creative solutions. The main focus of these facilitators is to ensure that parties are aware of their underlying interest and their real issues.

Evaluative mediation – Evaluative mediation will involve a mediator who analyses the facts of the case and provides his/her view on the merits of the case. However, parties may not be willing to agree with the recommendations

Settlement mediation – This form of mediation, focuses on reaching a compromise between parties. The mediator will review priorities, until parties reach a compromise.

Therapeutic/Transformative mediation – This form of mediator will look at the underlying causes of the dispute and look at ways to settle the issue as well as improve the relationship between the parties. The process encourages parties to vent their emotions to learn why certain requests are made. Although this form of mediation is mostly used in family and social disputes, they have also been used for construction disputes to help foster a healthy relationship between parties.

Lyle Charles offers a wide range of mediators that will assist construction organizations to overcome their disputes and reach favorable settlements.

Things to consider when drafting Non-Disclosure Agreements (NDA)

A Non-Disclosure Agreement or an NDA is a contractual agreement between the party sharing information and the party receiving information. The agreement specifies that the information can is shared in certain circumstances but not outside the purposes specified in the NDA.

Put it in writing – The NDA should be a written document with all parties signing their consent.

Proper legal names – The legal names of all parties should be correct.

Limitations of use and purpose – The NDA should define the information, its purpose and how it is used. The NDA should also state the liabilities that will be imposed on the parties if a breach occurs.

Excluded Information – Information that is excluded from the NDA should be stated. For example, information that is available to the public, information that is available to the receiver or from a third party who is not under an NDA can be excluded.

Duration – The period that the information will be maintained should be stated.

Requirements for safeguarding information – The party disclosing the information will have to ensure that the information is protected from misuse.

Remedies for breach – Remedies could include an injunction to restrain the breach.

Proprietary information identified – If a document is deemed as confidential, this should be stated on each page of the document.

Confidential information after the agreement ends – This section describes how the information is handled after the agreement ends.

Enforceability – Proof is essential to support a case in the event of a dispute. Therefore, all confidential documents should be marked and meeting minutes documented at important events.

 

Misleading advertising

Advertising is a good way to make consumers aware of a company’s products or services. Companies by law, should advertise the standard and usual purpose of an item or service.  However, some companies offer false claims that can mislead consumers.

A product or service legally, has to perform as explained in more occurrences than not for it to be a valid representation of the product or service. Therefore, if the performance of an item or service is crucial for a deal to go through, if the product or service fails and a deal rejected, there are state and federal laws that have been implemented to safe guard the customer.

Most laws state that any claim that is contrary to the standards and practical use of an object will have a bearing on the price, quality, and purpose of the product or service. Therefore, although deceptive information is provided to the customer, laws arise by the customer for being mislead.

If a contract has been signed, the customer can legally drop the deal and break the contract if they have been mislead.  In this instance, the customer should seek legal advice to understand how they can sue the company.

Although customers suing companies selling products have been successful, customers that have been mislead when purchasing services may be less successful. This is because suing a company based on a misleading service involves a class action suit against the entire company.