Shoplifting in Texas

Tuesday, 31 July 2012 0 comments

Although shoplifting is a non-violent crime, it still comes with consequences that extend far beyond what people would normally think. While the likelihood of substantial prison sentences is lower than other more serious victim-related crimes, shoplifting is considered a crime of dishonesty in Texas. With the growing use of background checks, this has the potential to impact employment opportunities, especially in security-sensitive sectors.

Considering the large number of retail businesses and shopping centers Texas, the chance for legal issues to develop regarding disputed shoplifting is quite likely. Although there are many legitimate cases of retail theft, there are also a number of unfortunate situations where a person is wrongly accused of the offense. Due to the aggressive nature that many loss prevention employees pursue cases of alleged shoplifting, even people who are wrongly accused will work with a theft defense lawyer to clear the charges.

Without a proper definition of the crime itself and the presumptive penalties, a shoplifting charge cannot be effectively challenged in court. In other words, you must be acquainted with the law in order to defend the charges. According to Texas Penal Code

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Why All DUI Attorneys Should Take the NHTSA Field Sobriety Certification Course

Monday, 30 July 2012 0 comments

Defending those accused of DUI is a very complicated process. The competent DUI Attorney needs to be familiar with constitutional issues, scientific theories, and trial techniques. However in addition to those basis issues, the experienced DUI Attorney should also be qualified and certified to administer the standardized field sobriety testing. In other words they need to take the same course the law enforcement does, and learn the proper procedures for administering the standardized field sobriety testing.

In order to accomplish this the attorney should know how to administer the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. These are the field sobriety tests that have been standarized by the national highway safety administration. In my opinion this is important for several reasons.

Verify whether the arresting officer administered correctly: In many DUI cases the arresting officer administers the standardized field sobriety tests to the defendant. And in all of those cases the officer will say they are trained to administer these tests, and they were done according to their training. In order to verify whether these tests were done correctly or not, the DUI Attorney needs to know who to administer the tests themselves. If they know exactly how to do it, and they took the same course as the arresting officer they will be in a better position to identify any issues with the administration of the tests.

Help to separate yourself from all the other DUI Attorneys: In every jurisdiction there are attorneys that say they exclusively practice in the area of DUI Defense. But what separates the good ones from the pretenders is the level of experience and knowledge. By taking the time and expense to take this NHTSA course, and learn exactly how to administer the field sobriety tests it will show a level of commitment and experience that will help you get clients.

Know the instructors and use them as experts: Many of the instructors of these NHTSA courses are former law enforcement. Sometimes in a DUI case it is necessary to hire an expert to counter what the Prosecutions witnesses are saying. Having an ex law enforcement officer who is also an instructor for the field sobriety testing and really helpful, and comes across very credible in the eyes of a jury. By taking the course, and getting to know the instructors you will be in a better position to ask them to help you out on a case.

Matthew Leyba is one of the premiere Seattle DUI Lawyers in Washington State. If you have been charged with a DUI don't wait contact a Seattle DUI Lawyer ASAP!

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Marijuana DUI Information

Sunday, 29 July 2012 0 comments

Driving under the influence of drugs, or DUID as it is commonly referred to, is a crime which is receiving increasing regulations especially in states that have passed the legislation for medical use of Marijuana. With the decriminalization of Marijuana for medical use it has become top priority for law enforcement agents across the nation to find a way to regulate and minimize traffic accidents and fatalities related to the use of Marijuana.

DUI Marijuana Attorney

If you get arrested for a DUI Marijuana or DUID it is imperative to seek the aid of a defense attorney, especially one which specializes in these cases. Currently there is no concrete method to prove a THC blood level accurately to indicate an impaired state for the use of Marijuana. This makes it very difficult for the prosecution in the case to show that a driver is incapable of operating a motor vehicle due to the amount of THC consumed by the motorist.

Typically police officers will rely on confessional statements from the defendant if any are made at the scene of the arrest to prove their case in court. In many cases the charges get dramatically reduced to a dismissal or possession charge when using an attorney to defend you for a DUI Marijuana.

How can I be arrested for DUID?

The most common factors leading to an arrest for DUID are:

1. Admission of driving under the influence to an officer.
2. Vehicle search revealing drug possession and/or recent use while driving.
3. Physical witness of drug use while driving.

In most cases the DUID is caused by an individual admitting to a police officer that they have consumed drugs previously in the day. If a driver is passing through a DUI checkpoint and are subject to search, possession of controlled substances can result in a DUID as well.

Is there a test cops can do for DUI Marijuana?

There are a few preliminary tests that can be conducted by law enforcement officers to determine if an individual is intoxicated at the time they are driving. However the accuracy of these tests are the center of a growing controversy in reaching a solution to regulating impaired driving more effectively.

Pupillometry

Pupillometry is the study of how the human eye portrays symptoms of impairment through pupil and eye functions. The pupil reacts almost exactly similar for all humans when it comes to responses to dilation caused by a light stimulus. Because of this new science has found correlations between impairments in certain parts of the brain and how they appear in pupil measurements. Although this method does not specifically prove a chemical substance is present in an individual it does portray impairment in specific areas of the brain fairly accurately. The downside to using pupillometry is that for a substance such as Marijuana it is that fatigue can often appear as a false positive for this chemical.

Blood Tests

Current blood tests are the only fairly accurate method to prove that an individual was under the influence of a controlled substance at the time of driving. This is again very difficult to prove for Marijuana related arrests as the chemical THC can stay in an individual's system for up to one month after consumption although the effects do not persist nearly that long.

Can I post a bail bonds for Marijuana DUI?

Yes, posting a bail bond for a DUI Marijuana or DUID is almost the same as a regular driving under the influence bail posting however there may be additional possession charges applied in these instances. Generally it is a good idea to find an attorney immediately because in most cases they can help receive a dismissal of trial or at the very least a reduction in sentencing or charges for these offenses.

Bail Bonds Guys is a Los Angeles Bail Bonds company dedicated to providing the best information on the bail bonds industry.

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What's the Best Type of Plea Deal to Get on a DUI Charge

Saturday, 28 July 2012 0 comments

Lets say you went out last weekend, you had a few beers, and then decided to drive home. Unfortunately you were stopped by the police and were subsequently arrested for DUI. Now you're sitting in court waiting to be arraigned, and you're wondering what the best type of outcome you can expect.

In all honesty if a DUI charge has been filed against you, then most likely the Prosecutor is not going to just turn around and dismiss that. It is very rare for a DUI charge to get dismissed through negotiation especially by the Prosecutor. So what other options does the defendant have.

The next best thing would be to get a type of plea deal that would be the best possible outcome. This can include several different conditions, or reductions in the sentence.

A reduction in charge is probably the most common type of plea deal. The benefit of this obviously is its not a DUI charge on your record. Depending on the type of reduction it may or may not be traffic related and reported to the department of licensing or department of motor vehicle.

A reduction in fines, jail, or license suspension type of plea deal. Most DUIs carry some form of fines, jail, or a license suspension. Obviously if these things can be avoided this is a good thing. In many jurisdictions these conditions are mandatory, however if the law allows for the sentence to be altered, or any of these conditions be avoided then this is a good type of plea deal.

Any sentence which allows the conviction to be dismissed or vacated. If a plea deal can be obtained where the charge will ultimately be dismissed if certain conditions are met or if the conviction can be vacated after a certain period of time. This type of deal will allow the defendant to move on and lawfully say they have never been convicted of a crime. Depending on the jurisdiction this may or may not be allowed on a DUI charge, so its important for the defendant to understand the law and what can and cannot be vacated.

Obviously the best type of plea deal is one where the charge will ultimately get dismissed. However those are pretty rare on a DUI case. So if the jail, fine, license suspension or any other conditions that typically occur in a DUI charge can be avoided then thats the type of deal that should be considered. But the best bet is to consult with an experienced attorney that knows the ins and outs of plea bargaining.

Matthew Leyba is the founder of Leyba Defense PLLC, a Seattle DUI Lawyer firm located in Seattle, WA. His practice is devoted to defending those accused of DUI's and he is widely considered a top Seattle DUI Lawyer.

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The Perfect Criminal Defense Attorney

Friday, 27 July 2012 0 comments
ByAlfred Ardis

If you've been accused of a crime, you need to take action immediately. You shouldn't panic, but you should think things through logically and carefully. The first step is to hire a criminal defense attorney. This isn't some random person you pull out of the phone book but is someone you should take the time to assess and be sure that they are qualified. In order to make sure your representation is solid, there are a few steps you should follow.

The first step in finding a criminal defense attorney is to find someone who concentrates his or her defense practices in the area you need. Most lawyers will be able to represent you on a number of general charges, but in order to have the best chance, you want someone who specializes in the area in which you have been charged. For example, if you've been charged with first-degree murder, you will want to find a lawyer who has a high success rate in murder cases and has represented a lot of clients facing murder charges. This means they know what they are doing, and that will be a big relief.

The next thing you will have to decide is whether or not you want a public defense attorney or if you want to hire a private criminal defense attorney instead. The primary benefit of public lawyers is that they are usually much cheaper than someone whose practice is private. You can save yourself some money to be sure, but you might also be sacrificing quality. Private lawyers tend to try and juggle nearly two hundred cases at a time, a number far above the limit set by the Bar Association. They do this for a number of reasons but what it means for you is that your case won't get nearly the attention it deserves. With a private lawyer, your case will receive more attention and your chances will greatly increase. You should think carefully about the amount of money you can afford to spend and whether or not you can really afford to choose a lesser quality lawyer. Public lawyers mean well, but they simply spread themselves too thin much of the time.

After you've decided what type of criminal defense attorney you want, you need to think about what is important to you in terms of qualities. Do you want a young lawyer who lacks experience but will work hard to be sure and win the case? Would you prefer someone with a lot of years under their belt and a lot of experience in your type of case? You should also think about whether or not you need someone with experience in specific areas of law. After you've done this, one of the final steps is to check out their credentials. Make sure that they are whom they say they are and that they are qualified. If you're going with a younger lawyer, be sure that he or she is licensed and certified. This is a high priority, so that you will know you are getting the best representation possible.

Whatever your reason for needing a criminal defense attorney, you can find one easily enough if you do your research. Just be sure that you are getting a lawyer who will put your defense first, and you will be set to go.

For the criminal defense attorney St. Petersburg locals trust to represent them with dedication and the utmost professionalism, visit  http://roothlawgroup.com today.

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Computer Fraud and Abuse Act Update

Tuesday, 17 July 2012 0 comments

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

The CFAA applies to all companies and all computers that are connected to the Internet. Potentially, there are multiple, distinct types of violation of the statute that could support a civil action. On a recurring issue in such cases- whether the defendant had authorization for his actions; the courts look at several factors:

-whether the defendant was an agent of the plaintiff's, with particular powers;

-whether an employment contract, such as may have been embodied in company rules and policies, was breached; and

-whether the defendant's use of the computer exceeded normal use that was expected by the plaintiff.

In recent court decisions, a real estate business was allowed to proceed with a civil action against a former employee for violations of the CFAA. In violation of his employment contract, the employee decided to quit and start a competing business. Before he returned the company's laptop, he deleted all of the data in it, including data that would have revealed his misconduct. Knowing that "deleted" filed can be retrieved, he erased the incriminating data by loading into the laptop a secure erasure program.

All of this, if proven in court, violated the CFAA as "transmission" of a program that damaged the computer (defined to include files in the computer), and as intentionally accessing the computer without authorization. Although the employee had not yet left his job when he installed the program, by law any authorization he might have had evaporated as soon as he violated the duty of loyalty to his employer.

In another case brought under the CFAA, a tour company secured an injunction against a competing company run by one of its former employees. The ex employee improperly used confidential information from his former employer to enable his new company to glean pricing data from his former employer's website, so that his new enterprise could effectively undercut those prices.

Although the website was open to anyone, the unauthorized use of the confidential information, combined with the use of a "scraper" software program, violated the CFAA. On top of the injunction, the plaintiff could recover, as compensable "loss" under the CFAA, the thousands of dollars it had paid in computer consultant fees for the diagnostic work after the defendant's conduct was discovered.

Copyright (c) 2011 Scott Carlyon

Scott Carlyon founded The Law Office of R. Scott Carlyon, P.C. in 1992. The firm has served its clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Tx. Learn more at http://www.BusinessLegalCounselor.com

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Online Legal Forms

Sunday, 15 July 2012 2 comments
ByClaire Martha Thomas

In the past, people obtained legal forms only through attorneys, public notaries and government offices. In our time and age, legal documents became very accessible on the internet. This provides the consumer with the ease, convenience and inexpensive access to the forms form the comfort of one's home or office computer.

Depending on the forms, some forms can be obtained from government offices and now websites as in the case of court related forms. These forms can usually be obtained at no cost. Other forms such as business forms can be obtained from attorneys websites, law firms websites and business legal websites. The prices and quality of legal forms vary from one website to another and one must exercise due diligence when shopping for legal forms online.

Websites offering legal forms differ not only in price but in content as well. Some websites offer a wide range of forms while others specialize in one specific form. The latter are one form websites. One might think that larger websites are more credible while another might conclude that the one form website is more specialized. The fact of the matter is, it does not matter where you obtain the form as long as you do your research about the website and it's trustworthiness. This can be done by Googling reviews about the website in question as well as by testing the website's customer support reliability by contacting them for information. Some websites offer form samples for free which provides user with an idea of what they are getting.

There are Pros and Cons to buying legal forms online. Some of the Pros include:

- Saving Money

- Saving Time

- Ease and convenience (Especially when forms are downloaded instantly after purchase)

There are also disadvantages to buying legal forms on the internet, some of which include:

- Unprofessionally drafted documents

- The lack of guidance or instruction on how to complete the forms

- Not having the software (such as Word or Adobe) in which the document is formatted

For the aforementioned reasons, Online users have to be browse multiple websites in order to make the most educated decision. As well, it is imperative to thoroughly investigate the credibility and reliability of the website before making the purchase. Whether it is temporary guardianship form or a bill of sale one must exercise due diligence and good judgment because if the form were poorly drafted, it may be legally invalid and therefore useless or worse it may have negative legal ramifications on its user.

A comprehensive resource of business and personal

When Should I Use an Email Disclaimer?

Saturday, 14 July 2012 0 comments
ByVanessa Emilio

Companies are using email disclaimers in many instances, the most common reason is to attempt to safeguard confidential information. This may be information that a company holds or information that is intended to be sent to a particular recipient, for a specific purpose or even just information about the company itself.

Similarly, these disclaimers are used when any type of advice is being given for a specific purpose through electronic means. For example, a disclaimer may be used to limit liability where the information should not be passed on to a third party and relied on but there is potential it may be. By using a disclaimer for the transmission of this type of information it lets the recipient know the extent to which it can be used and when it may not be. In many instances a standard email disclaimer will state that if an email was sent to the recipient in error, that person is required to delete the email and not use or pass on any of the information contained in the email. This is used to avoid and safeguard against the wrongful dissemination of confidential information.

Another important reason to use email disclaimers is that a company will not be able to control what is sent by their employees; therefore a disclaimer should appear at the bottom of every email to try to protect the company for emails sent by their employees. An email disclaimer is a standard inclusion on emails for most companies and will outline that the contents of the email are not necessarily the views of the company. This essentially tries to distance the company from the sender, even if it is an employee and means that if there is a misrepresentation or any other type of inappropriate conduct, it is the sender whom is personally liable and not the company.

In other situations an email disclaimer may be used to ensure that the recipient knows the extent of the authority that a company provides to the employee as sender of the email. For example a disclaimer can state that any emails sent by a specific person cannot form a contract. From this, email disclaimers can be very broad or customized for specific purposes. Employers and companies can tailor email disclaimers to specific employees, specific information provided, who may rely on the contents of the email, how it may be used, and many other caveats rather than having a general disclaimer for all employees. The nature of the employee's role and risk involved in emails will determine whether the use of a unique or general disclaimer is appropriate. Lastly, the nature of the company and what is communicated by email will also determine how the email disclaimer is framed and what it needs to contain to be tailored and effective for its particular use.

Want to know more? Click here for Free information on Email Disclaimer. Australian legal agreements and forms from http://Legal123.com.au.

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What Is a Website Disclaimer and Why Would I Need One?

Thursday, 12 July 2012 0 comments
ByVanessa Emilio

A website disclaimer is a method used to limit the liability of the owner of the website. Providing a disclaimer is an approach that can be used to ensure a website's information is not improperly relied upon. A clear example of this is where a disclaimer states that although the website endeavors to provide up-to-date information, the website makes no guarantee or warrantee that the information posted and contained on the website is always accurate and therefore should not be relied upon. If anyone is to rely on the website's information the site will not be held responsible for any loss or other result. A disclaimer will also state that information on the website may at any time, be changed or updated, without notice.

By providing this type of disclaimer, a website ensures that website visitors cannot sue based on any particular information on the site or reliance on the information on the website. Therefore, the website disclaimer is essentially, is a method used to limit the liability of the website owner as they cannot be in control of how the information on their site may be used or how that information may be interpreted. A disclaimer can be used on any company or business' website, and although most websites endeavor to have the correct and up-to-date information (as it is commercially desirable to do so), posting a disclaimer will protect the website in the event of any error.

Another important aspect of website disclaimers is when a website provides links to others sites or articles, there will be a disclaimer providing that the expression and content in these linked sites is not necessarily the views of that of website or company. An obvious example of this is a news site where authors post articles, in these instances it is very clear that the articles posted are the opinion of the authors (whom are separate from the news website) and a website disclaimer re-enforces this. A disclaimer tries to ensure that any type of representation or opinion may not be that of the site and also protects instances where the website provides a link to any other sites and their content. In most instances the website providing the link has no control over the content of the referenced site. As a result, it is essential to post a website disclaimer to protect your site from making any representations outside the scope of your control.

Want to know more? Click here for Free information on Website Disclaimer. Australian legal agreements and forms from http://Legal123.com.au.

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Criminals With Computers

Tuesday, 10 July 2012 0 comments
ByJane Sao

The phrase 'cyber warfare' appears as if it is ubiquitous at present. With the recent shocking Stuxnet attack, and attacks on a range of government sites across the globe, a number of observers have warned that we are heading into a new era of conflict.

Some critics, on the other hand, argue that this couldn't be further from the truth. It is reasoned that a number of the IT companies who are warning of the threat of cyber warfare are the ones who stand to benefit more than any other in the event of governments around the world decide to take concerted action.

Further, many people believe that there are a number of countries which already have the cyber equivalent of nuclear weaponry (and the group is believed to be pretty similar to those who possess actual nuclear weaponry) and the likelihood of them becoming engaged in a war of mutual cyber extinction seems fairly remote.

Research released last month, on the other hand, reveals that in the UK cyber crime is a truly worrying issue. More than

EU E-Privacy: The Latest Trend in Internet Regulation?

Monday, 9 July 2012 0 comments
ByVanessa Emilio

The new EU e-privacy law comes into force on the 25th of May 2011. Once enacted in the EU member states, this directive will have a significant effect on websites that require users to accept cookies. So, what does this change mean for internet users and what are laws designed to accomplish?

New laws are aimed at 'informed consent' for users who enter a website and download cookies. Currently cookies are downloaded automatically from certain websites without a users' knowledge. The purpose of this is to allow users who frequent websites to do so quicker by storing information on a users' computer. This information is stored on the web browser without the consent of the user of the computer.

In other instances, cookies are used to track the behavior of users, not necessarily for the benefit of the user, but for purposes that may be seen as a hindrance to users such as advertising. This tracking then leads to the user receiving advertising specifically aimed at their internet use and interests. This somewhat unwelcome tracking of information of private information is what the new EU directives aim is to stop. The directive will force the EU member countries to enact laws for websites to gain the users explicit consent before they download a cookie from the website.

Many have criticized this new directive and believe that it will be detrimental to EU websites as it will divert traffic to non-EU member websites and secondly will be very difficult and costly for the EU websites to implement this directive. This has lead to many companies with websites threatening to move their sites to US based providers which would then ultimately impact EU web providers.

Although this is the first directive and internet regulation of its kind, American counterparts have had it on their agenda for some time and have been putting pressure on the industry to self-regulate before levels of distrust and malpractice compel the government to step in. If the new directive does lead to companies changing to internet providers in non-EU countries, it seems that it is likely that there would be increased pressure for other countries to conform and this could be the beginning of the first world-wide internet regulation. This directive could possibly signify changes that will in the next few years have an effect on an enormous amount of websites and internet regulation around the world.

Want to know more? Click here for Free information on Website Privacy. Australian legal agreements and forms from http://Legal123.com.au.

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California Cyber Bullying Laws to Protect Your Children and Teens

Saturday, 7 July 2012 0 comments
ByEd Opperman

Since home computer systems have grown so popular, there have been more men, women, and children that become the targeted victims of cyber bullying. This is an extremely frustrating and sometimes frightening problem that can quickly be solved when a reverse email look-up is performed by an experienced private investigator. The California cyber bullying laws that have been enacted can also be of great help to people that are experiencing this type of harassment.

The Education Code Sections 32260 through 32262, it simply refers to the partnership formed between Law Enforcement and Schools. This partnership is comprised of the Attorney General and the Superintendent providing instruction to students of the Public School System. This is a partnership that is commonly known as the Interagency School Safety Demonstration Act of 1985. As a form of protection of all students this is one of the California cyber bullying laws that consists of the following:

Policies and programs shall be put in place that is required to carry out Article 5 provisions, starting with Section 32280. The administrators of safe school programs, all activities, procedures, and training that are conducted in accordance with this chapter.The cooperation of other state and federal agencies of other states when it comes to the matter of safety in schools.While attending classes on any of the campuses of the California School System, it is the right of each and every student to be ensured that the campus will be peaceful, secure, and safe. Without each of these elements, it is practically impossible for students to benefit from the specific educational programs they are a part of. This is precisely why this chapter of the California Cyber bullying laws was developed.

Legislature's intent is for the agencies that serve California's youth, school districts, law enforcement agencies, and county offices of education to all work together. They are encouraged to create and use various types of programs of in-service training, interagency strategies, and different kinds of activities that are geared towards reducing issues with bullying and other problems that often occur within the school system. California cyber bullying laws in this section refer to bullying that occur with the use of various types of electronic devices. This would include home computer systems, mobile phones, pagers, home telephones, and video recorders.

If one of your children has been experiencing the trauma that cyber bullying can cause, you are urged to review the valuable information contained in the Education Code Sections 32260 through 32262 of the California cyber bullying laws. Another helpful step to put a halt to this type of situation would be to have a reverse email look-up performed by a professional private investigator.

Copyright (c) 2011 Opperman Investigations Inc.

Ed Opperman is President of Opperman Investigations Inc. If you need help with a cyber stalking investigation visit http://www.emailrevealer.com.

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The Reappearance Of Characters From The Past On The Internet

Friday, 6 July 2012 0 comments
ByYair Cohen

In our younger days, we have all done things which we ended up regretting. We have wronged people, we caused them upset. Guilty as charged. But no one can turn back the wheels of time and usually life goes on and people move on do to better and greater things.

But what if suddenly, almost out of the blue 10, 20, 30 years on, an image from the past decides to make a reappearance in our lives with the sole purpose of destroying everything that we have worked for; our family life, our business, our achievements, our good name and our reputation? You see, before the days of the internet, unless we had left behind a forgotten son or daughter we have been, relatively easily, being able to put the past behind us. It would have been almost inconceivable for someone, especially from another country to make a comeback into our lives and systematically destroy us. Now things appear to have changed, quite dramatically with shadows from the past being able to haunt us almost to the grave through the latest technology, with a click of a button.

Frank Backerfield (not his real name), a successful English entrepreneur who is very famous in the entertainment industry, has recently discovered that an image from the past has made a nasty reappearance with the sole purpose of completely destroying him. You see, when Frank was a bit younger, he used to be, let's say, something of a playboy. He used to travel around the world, telling lots of rich women that he loved them when actually he just wanted to spend some good time with them. Apparently he left a number of broken hearts on the side of expensive hotels, expecting them to foot the bills and forget about him almost as quickly as they fell in love with him. At the time, neither of the parties involved believed that they would ever meet each other again and to be frank, most of the women that he engaged with, did not have any desire to even hear his name again.

After a number of years of messing around, Frank decided he had enough and that time had arrived for him to go 'straight'. With the little bit of money that he had he started a small night club that he managed to run so well, that within a couple of years it was earning him a fortune. He then moved to open 4 more clubs in and around London until he become an established and very respected figure within the UK entertainment industry. Frank even got married to a lady from Middlesex, Clair, and they both lived in harmony with their 4 children in a lovely country home in a small village in Essex.

But then, one day, Frank received a phone call from a trusted friend, asking him if he happened to know a lady by the name of Laura Park, from Canada. The name did ring a bell but no matter how hard Frank tried to remember where he heard of this name before, he was unable to recollect specific details. The trusted friend then advised Frank to do an internet search of his name. It had been ages since Frank used the internet. Normally his wife, Clair, or one of his assistants would deal with the internet stuff for him because Frank was a very busy man who hated wasting time going online.

So Frank did a search on Google and to his astonishment he discovered that a Laura Park had written several blogs and even published a book (available on Amazon) about 'How My Life Was Changed Following My Short Encounter With The Fraudster Frank Backerfield'.

In her blogs, and in the book that she had self published, Laura Park had described her encounter with Frank some 25 years ago and how she claims he allegedly deceived her to sleep with him and to leave her ex husband and two children, just to be dumped by him within a fortnight. In her internet publications Laura Park has described Frank as a living monster; a person who must not be trusted, as a fraud and as a ruthless conman. She declared very openly her intention to destroy him and her personal commitment to turn everything Frank had ever created into ashes.

Unbeknownst to Frank, Laura Park's campaign had gone on for a number of years. She posted personal videos on YouTube, MSN and other websites which host videos. She created tens of blogs and websites and told her 'story' in every possible forum on the internet.

But it was not until Google had changed its algorithm that her blogs started to appear everywhere on the internet against the search of Frank Backerfield's name.

Initially Frank decided to ignore this campaign and to continue his focus on his business instead, but as the inquisitive telephone calls from friends, family and business associates started to increase and as the pressure from his wife, Clair started to grow, he decided that he needed to do something about this matter. His business started to suffer and he could not stand the thought of him being labelled as fraudster, in front of the whole world.

Well, fixing this was not going to be very easy. This woman clearly set herself on a mission and as it appears, was now devoting her life to destroying him no matter what. She was living outside the jurisdiction of the English Courts and was posting all her lies through websites which were located outside the UK. To add to this, the quantity of the defamatory material was so great and a major clear up was required, which was not going to be easy and would not come cheap.

way to deal with this menace was to take a very systematic approach by starting off the cleaning operation from scratch. As there was very little point in trying to persuade Laura Park to stop her campaign, it was decided to obtain injunctions against the internet service providers who hosted the material which she has posted. Once an injunction was obtained, the next step would be to enforce it across the world by using process servers and local lawyers who would serve the injunction on all the parties involved. This way, one by one the posts would be removed and the hundreds of internet links which point to these posts would become inactive and eventually be removed by the search engines' Spiders. At the same time, a defensive Search Engine Optimisation strategy would ensure that the vacuum which was left by the disabled links was filled with plenty of articles, blogs and information about Frank Backerfield.

From this point onwards, Frank Backerfield's kept an eye on his online reputation to ensure that any new postings by Laura Park about him or his company was being removed, using the injunction which has already been obtained. Frank's reputation could be completely restored within 3-4 months and will never be destroyed again in such a way.

Yair Cohen is a leading UK online defamation and internet solicitor. Yair is a partner with the niche internet law firm Bains Cohen. The firm is renowned for its innovative approach to resolving client's online reputation problems and for the exceptional level of client and customer care that it practices.

Yair Cohen is believed to be the first lawyer in the United Kingdom to have obtained court injunctions against Google, YouTube and other main internet service providers to force the companies to remove defamatory content from various blogs and websites. Yair's main strength is in his superior knowledge and understanding of the law in the context of the new realities which the internet presents. The secret to his success in removing defamatory websites is in his unique ability to combine vast amounts of technical knowledge with a unique and creative way of applying it to the law and to business reality.

Visit Bains Cohen Solicitors http://www.bainscohen.com
Visit Yair Cohen's blog http://www.yaircohenuk.com

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Cybercrime - Easier Than Ever To Be Accused

Wednesday, 4 July 2012 0 comments

Broadly, illegal activity involving a computer may be called a cybercrime. With the advent of the Internet, cybercrime has exploded - not surprising with over one billion people using the Internet worldwide. There is no shortage of potential targets, and victims and perpetrators can be separated by oceans.

The anonymity of the Internet allows for low costs and leaves few traces, and cybercriminals may be either solo operators or parts of larger schemes, possibly even affiliated with organized crime. Ironically, technology makes it easy to create fraudulent online material that looks identical to the Internet marketing Web pages of legitimate entities.

The increase in Internet activity has brought more prosecution. Because of the facelessness of those committing these crimes, it is easy for law enforcement investigators to use circumstantial to prosecute the wrong people.

Unified Law Enforcement Action

The Internet Crime Complaint Center (IC3) is a joint program of the Federal Bureau of Investigation (FBI), the U.S. Department of Justice's (DOJ's) Bureau of Justice Assistance (BJA), and the National White Collar Crime Center (NW3C), a nonprofit organization dedicated to supporting law enforcement in its fight against "economic and high-tech crime."

The IC3 is a clearinghouse for complaints of cybercrime and related civil law violations. Complaints filed with IC3 online are reviewed by analysts for forwarding to local, state, federal or international law enforcement, or civil agencies with jurisdiction to investigate and prosecute potential cybercrimes.

Rising Rates

The IC3 released its 2009 report on cybercrime in March and the findings show an explosion of illegal online activity. For example, the number of complaints filed with IC3 in 2009 was up over 22 percent from 2008 numbers. Monetary loss connected to online fraud almost doubled to about $560 million compared with $265 million the year before.

Online criminal complaints increased substantially again last year, according to the report. The IC3 received 336,655 2009 complaints, a 22.3 percent increase from 2008. The total loss linked to online fraud in 2009 was $559.7 million, up from $265 million in 2008.

This growth has placed great pressure on law enforcement to "do something" about the problem. This usually means the police arrest more people and prosecutors prosecute more. The increased pressure on law enforcement can lead to a "rush to judgment," such that false accusations are levied at innocent people.

Common Types of Financial Cybercrimes

Identity theft: Someone can steal your identity by using personal information like your social security number (SSN), driver's license number or credit-card account number to commit fraudulent transactions such as opening credit or bank accounts, taking out loans or making large purchases. The Internet can be the vehicle both for pilfering of personal information, and for using it to commit online misrepresentation and theft. Such crimes can severely damage credit ratings.

Internet fraud: The Internet can be used to commit many illegal acts involving fraud. E-mails, chat rooms and websites are used to conduct a variety of fraudulent schemes. Fraud may be used to approach individual victims online, engage in fraudulent business activities or deal deceptively with banks and other financial institutions.

Incomplete transactions: In any exchange of goods or services for money, the parties must act in good faith and rely on each other to complete the transaction. Unfortunately when things are bought over the Internet, either party can get burned. The seller can keep the money and not send the item, or the buyer can keep the item and not pay for it. Many variations on this theme are carried out every day in cyberspace.

Online auction fraud: Auction sites commonly concern allegations of economic fraud. Auction websites conduct virtual auctions for a variety of items and are extremely popular with the public. Unfortunately, fraud can occur in several ways, such as:
A seller may never send the item to the winning bidder after receiving paymentA seller may send an inferior, damaged or knockoff productA buyer may submit a high bid to hold off other bidders and withdraw it at the last minute so a low bid by an associate is successfulA seller may arrange for someone to drive bids higher

International cybercrime: Schemes international in scope include invitations to enter foreign lotteries, and money offers in exchange for assistance with money transfers into the United States or into overseas accounts for supposedly sympathetic causes. Nigeria is often associated with these dangerous offers, specifically called 419 schemes in reference to a section of the Nigerian Criminal Code.

Phishing - Phishing is an attempt to get personal information by using an e-mail that appears to be from a trusted source such as your bank, asking that sensitive data be sent by return e-mail. Phished e-mails are often sent en masse.

Spoofed websites - Those with technical expertise can create professional-looking websites for fake charities designed to obtain personal information in the process of collecting donations.

Protect Yourself from Overzealous Prosecution

With the wide variety of cybercrimes and the enormous increase in their frequency, law enforcement is under pressure to prosecute anyone it suspects of cybercrime. The novelty of methods used to commit cybercrimes often means that many law enforcement entities - with little investigative experience - are not prepared to fully investigate these cases. It is in this context that mistakes are often made in determining whom to charge with a given cybercrime.

If you believe that you are being investigated for committing a crime via computer or the Internet, consult with an experienced criminal lawyer immediately, as soon as you suspect the problem. Your criminal defense attorney can monitor any investigation by authorities and help you launch your own if necessary, employing critical computer and internet fraud experts. Don't go it alone. Get the legal and other professional help you need at an early juncture.

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Terms and Conditions: When Does a Website Require Them?

Monday, 2 July 2012 0 comments
ByVanessa Emilio

Generally all websites should have terms and conditions. This will decrease the risk of the owner of the website's liability for damage claimed to have been suffered by a visitor to their site, in a number of ways.

With a website being accessible to anyone, a website owner has no control over who accesses the site or how the information on the site is used. Not only do terms limit liability of the site owner they also, in most instances, form a contract with a user or visitor to your website. Essentially every website that provides any type of goods or service should include terms and conditions governing the payment or delivery of that good or service and in the instance of sale of a product or service on a website, the visitor or customer should be required to click to accept these.

Website terms and conditions are essential for a number of reasons. First with the commercial reality that when there is business online, and with potential clients anywhere in the world, by having terms that are clearly outlined, the governing law will be on the website owner's terms and according to their country jurisdiction so there will be no ambiguity despite location of any buyer of goods or services. Another important note following this is that regulations differ from one country to another so the website owner will need to ensure their terms and conditions comply with the laws in their country.

When a website is providing any type of goods or services, it is absolutely essential to outline how and the terms upon which the goods and services will be provided; this may be as simple as conditionss of shipping or as complex as outlining specifics for a security trading account. These terms and conditions will also need to outline the extent of the website's liability for these goods and services. A common example of this is when goods are provided, the website will be responsible for them while in their possession, but at the time of shipment onwards it is then the buyers responsibility. Other related terms of sale would also be included in the conditions of this type of transaction such as, for example, terms of return of goods, if any, and warranties on the goods or services.

With the worldwide accessibility of websites and website owners being willing to do business with any customer, websites owners should attempt to minimize any possible risks that are posed no matter how foreseeable and wherever possible through strongly worded website terms and conditions.

Want to know more? Click here for Free information on Website Terms and Conditions. Australian legal agreements and forms from http://Legal123.com.au

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Cyber Stalking and Cyber Bullying - Don't Let It Happen to You

Sunday, 1 July 2012 0 comments
ByConnie Brill

I am on the lam. Running for my life. I feel like pinching myself because it is surreal. Is this really happening? How can it be that my life has been so disrupted by one person?

What is worse, is that this is the second time in 15 years that I have had to do this. Sell everything I own. Change my name. Leave town. Start my life over from square one. New friends, new loves, new work, new everything. This just doesn't happen to people. Why can't I stop it?

I am writing this article because I want other victims out there to know how far these kinds of games can be taken, and what to do from the very start. Because at the very start I didn't take this serious enough and it spun out of control so fast and so horrendously.

Cyber stalking and cyber bullying are on the rise. And if you get on the other side of a really sick and sadistic person, as I did 15 years ago, your life can become a nightmare of epic proportion. Cyber stalking and cyber bullying usually flip back and forth between online and offline harassment. Take care if you think somebody is victimizing you online. Online abuse can become offline abuse very quickly, and the opposite is true as well.

I have made so many mistakes throughout the course of my ordeal. If you think that you are a victim of a cyberstalker or cyberbully perpetrator, please read the following and take the necessary action.

Don't ignore the first signs of stalking, bullying and harassment.

This was my biggest mistake. The minute I began having trouble with these people I should have slapped a restraining order on them. Even though I could not prove they were doing anything, a restraining order would have shown them that I was not going to put up with their stuff, and also if I were to get evidence, the consequences would have been more harsh for them. Nobody wants a criminal record, and so it's a good idea to let them know you mean business.

Don't think that they will stop. They will not stop until you stop them.

This has taken a long time for me to learn. I put up with vandalism, harassment and degradation of my character for 3 years before my first time moving, thinking the perpetrators would have moved on to attempting to have a life of their own, and I was wrong.

Then, after 5 or 6 years of thinking the ordeal was over, I allowed myself to be vulnerable to it yet again, and that is why I am in the position I am in today.

This personality type will not stop for anybody or anything. They are mentally disordered, do not forget that. They do not think like you and I or anybody operating within the realms of normal behavior.

If your trouble continues, move and do it fast.

If a restraining order doesn't work and you cannot stop them, move immediately, quietly, and do not tell anybody when or where you are going. Get a P.O. Box at least 2 zip codes away from where you are living. Do not forward mail through the U.S. Post Office. Contact the people you receive mail from and give them the P.O. Box.

Also, these days there is virtual mail. There are a lot of services out there, so pick one that suits you, and don't tell anybody that you are doing it. I made the mistake of thinking that the people working at the service would not give out my information. I gave the address out to one of the perpetrators and the service was compromised. So if you sign up for virtual mail, keep in mind they are not as solid as the U.S. Post Office, and can be compromised. Keep the information to yourself.

Don't give your cell phone number to anybody.

If your stalker/bully is clever like mine, she will infiltrate your social circle somehow to find out where you are. There is a product on the market which allows these types to install software onto their computer, put your cell phone number in, and then your perp will have access to your phone conversations and text messages. More frightening, they can track your movements through the GPS feature on your phone. They do not need access to your cell phone to do this. They can't access your email, but any access to private conversation, texting or your whereabouts is heinous and violating.

Get a land line or VOIP through the computer, change your cell phone number and use the cell for emergencies only. Sorry. It's terrible to have to give up that cell, but if you are in serious trouble, you just have to do it.

Computer security.

When going through your emails, do not click on any links from anybody who you are not familiar with. There is a way for perpetrators to send an email with a link that if clicked will install a software on your computer, without your knowledge, that will give them access to your emails. Be very careful with this, it is all too easy to absent-mindedly click on a link that can cause you a lot of cost and trouble.

Visit www.thejoythieves.com to find out about the cyberstalker/bully personality type and what they are capable of.

Written by Connie Brill. Find out more at http://www.thejoythieves.com

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