Showing posts with label Always. Show all posts
Showing posts with label Always. Show all posts

Why a Defendant Should Always Stand When Addressing a Judge in a Criminal Case

Sunday, 4 November 2012 0 comments

So lets say that you have been arrested for a crime. You have never been in trouble before, and this is your first experience with the criminal legal system. Now you have seen courtroom drama television series, and your favorite movie is, "My counsin Vinny." But there is completely different and its real life. One of the questions you have is what you should do when a Judge directly addresses you and asks you a question? How should you act, how should you respond, should you stand or sit? This article was address the last question, whether you should sit or stand.

Should you sit down or stand when addressing a Judge in a criminal case. The answer is absolutely you should always stand when addressing the court. In my opinion there are three main reasons to do this. And it is not just for exercise.

The first reason to always stand when addressing a Judge in a criminal case is it's a sign of respect. The most often heard complaint from Judges about defendants is they dont show any respect for the process. Remember this is a criminal case. The Judge is the individual who will ultimately decide your fate should be you convicted or enter into a plea deal. By standing when addressing the Court you are showing a sign of respect to that Judge and the process. Trust me when I say it will carry a lot of weight.

The second reason to always stand in this situation is it allows the Court recording device to record you better. Remember everything that is said in open court is recorded. It is important to speak up and annunciate clearly. If you don't understand something, or if you don't acknowledge something that can be raised later on in the proceedings. And guess how that will be done. Through the courtroom recording device. So remember to stand and pronounce your words clearly for the recording device.

Lastly the reason to always stand when addressing a Judge is acknowledge the court. At sentencing one of the most important aspects is the right to allocution. Meaning you have the right to tell the Judge anything you want regarding sentencing. Often times these hearings can become very streamlined, and if you don't stand up right away and start talking the Judge is likely just to pass over your remarks and finish up the sentencing. If you stand, even if the Judge is looking down at the paperwork it will force the Judge to acknowledge and give you the right to allocution.

Matthew Leyba is a Seattle DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses in his Seattle DUI Lawyer practice.

Article Source:http://EzineArticles.com/?expert

View the Original article

Internet Copyright Laws and Why They Don't Always Work

Thursday, 3 May 2012 0 comments

Laws and regulations are an integral part of modern society, and they have been with us for a very long time, many centuries to be exact, giving us a guide to follow and conventions to respect. Well, the Internet has also become an integral part of modern society, and it's no wonder that many countries all around the world are trying to create Internet or Cyber laws that will govern everything we do online. One of the most important Internet laws is in fact the Internet Copyright Law, and here will be discussed how it works in some detail.

The US Internet Copyright Law
Everything created on the Internet after the date of April 1 1989 is protected under the American Internet Copyright Law. This can in many cases probably be difficult to understand, but the fact is that if you come from the USA, and you have created something and uploaded it on the World Wide Web is the last 20 years or so, this work of your is protected, and it cannot be stolen by anybody. However, this is true only in theory.

The Problems with the Internet Copyright Law
Yes, it is true that you hold all rights to your work as the original author ever since your work has seen the light of the Internet day. Yes, it is also true that you have the right to take action if someone happens to steal your original work from the Web. However, the problem arises when there is more than one country involved in this process. Namely, if you are an American, and your work has been illegally downloaded by a person from let's say Albania, there's probably nothing you'll be able to do about it. The reason for this is the fact that most countries don't have any rules or regulations regarding the Internet, so even though you might know exactly who stole your work, in many cases you will not be able to act on this fact.

Another important issue related to the Internet Copyright Law is the fact that you often cannot know who violated the law, meaning that there are ways to steal your work from the Internet without you knowing who was actually responsible. For example, modern technology can, by tracing IP addresses, tell you where the person who stole your work was, but can never tell you exactly who this person is.

The Internet Copyright Law and Plagiarism
Plagiarism is another interesting subject related to the Internet Copyright Law, as in many cases it cannot be proven. For example, if you have taken a photograph and uploaded it to the Web, and if someone took this photo without crediting you as the original author, then you can make this person remove the photo, or even sue the person. However, if you have written an original article, for instance, and uploaded it on the Internet, you cannot do anything if someone read your article and steals the idea, even though plagiarism is actually defined as using someone else's words, quotes or even ideas as their own.

You can read more Internet Articles at the ISP 1 Internet blog:

http://isp1.us/blog/

Article Source:http://EzineArticles.com/?expert

Internet Copyright Laws and Why They Don't Always Work

Thursday, 12 April 2012 0 comments

Laws and regulations are an integral part of modern society, and they have been with us for a very long time, many centuries to be exact, giving us a guide to follow and conventions to respect. Well, the Internet has also become an integral part of modern society, and it's no wonder that many countries all around the world are trying to create Internet or Cyber laws that will govern everything we do online. One of the most important Internet laws is in fact the Internet Copyright Law, and here will be discussed how it works in some detail.

The US Internet Copyright Law
Everything created on the Internet after the date of April 1 1989 is protected under the American Internet Copyright Law. This can in many cases probably be difficult to understand, but the fact is that if you come from the USA, and you have created something and uploaded it on the World Wide Web is the last 20 years or so, this work of your is protected, and it cannot be stolen by anybody. However, this is true only in theory.

The Problems with the Internet Copyright Law
Yes, it is true that you hold all rights to your work as the original author ever since your work has seen the light of the Internet day. Yes, it is also true that you have the right to take action if someone happens to steal your original work from the Web. However, the problem arises when there is more than one country involved in this process. Namely, if you are an American, and your work has been illegally downloaded by a person from let's say Albania, there's probably nothing you'll be able to do about it. The reason for this is the fact that most countries don't have any rules or regulations regarding the Internet, so even though you might know exactly who stole your work, in many cases you will not be able to act on this fact.

Another important issue related to the Internet Copyright Law is the fact that you often cannot know who violated the law, meaning that there are ways to steal your work from the Internet without you knowing who was actually responsible. For example, modern technology can, by tracing IP addresses, tell you where the person who stole your work was, but can never tell you exactly who this person is.

The Internet Copyright Law and Plagiarism
Plagiarism is another interesting subject related to the Internet Copyright Law, as in many cases it cannot be proven. For example, if you have taken a photograph and uploaded it to the Web, and if someone took this photo without crediting you as the original author, then you can make this person remove the photo, or even sue the person. However, if you have written an original article, for instance, and uploaded it on the Internet, you cannot do anything if someone read your article and steals the idea, even though plagiarism is actually defined as using someone else's words, quotes or even ideas as their own.

You can read more Internet Articles at the ISP 1 Internet blog:

http://isp1.us/blog/

Article Source:http://EzineArticles.com/?expert