Criminal Defense

The rights of the accused is primarily enshrined in the Bill ofRights. While the U.S. Constitution is the main source of protectionsfor the accused, the federal government and states also put enactednumerous legislation and court rules to ensure that the accused isnot placed in undue advantage. Without putting in place protectionsfor the accused, he or she may not receive fair treatment from thegovernment, especially law enforcement agencies and prosecutors,given that these agencies have extensive resources at their disposal.Criminal defense law protects an accused prior to any filing of asuit, during trial, and after trial.

Criminal cases rely heavily on direct and circumstantial evidence bythe prosecutor. Unreasonable searches and seizures and illegalissuance of warrants are prohibited under the Fourth Amendment.Defense attorneys can easily overthrow a criminal case by arguingthat law enforcement agencies conducted the search and seizure orissued warrants for search or arrest in an unlawful manner, thusmaking the evidence unacceptable in court.

Another protection afforded to an accused is the law against doublejeopardy, enshrined in the Fifth Amendment. Double jeopardy meansthat a person who has been tried and acquitted of a crime cannot becharged with the same crime again. Defendants, under the SixthAmendment, is guaranteed of the right to a public and jury trial andthe right to confront opposing witnesses and subpoena favorablewitnesses.

There are many nuances involved in criminal defense. The foremostconsideration for criminal defense attorneys would be to make surethat their clients are treated fairly, regardless of whether theaccused admits to the wrongdoing or not. Criminal defense attorneysalso make sure they take advantage of the protections afforded totheir clients to make sure their clients continue to enjoy theirliberties. One of the first things that a criminal defense attorneyhas to do, following an arrest, is to get the accused out from jail.Criminal defense attorneys need to take their clients out from jail,prior to trial or while a trial is pending, so that the defendant canfreely assist them in their cases.

Criminal defense law allows attorneys to make plea bargains fordefendants in order to avoid lengthy trial. In a plea bargain, thedefendant pleads guilty in exchange for a lenient sentence.Defendants can achieve plea bargaining either by (i) fighting theprosecutor and making the case difficult for him or (ii) fullycooperating with the prosecutor and convincing the prosecutor that alenient sentence is appropriate.

Once a criminal case goes to trial, expert litigating techniqueshould be employed by criminal defense attorneys as it will becomedifficult to convince juries, especially if the cases are ofsensitive nature. Criminal trials are exhausting and often veryemotionally draining for all parties. A defendant cannot successfullywin his case without the help of an attorney who is not justknowledgeable of the theories of criminal defense law but who is alsopersuasive enough to convince the jury and the judge.

Criminal defense is laborious work as criminal cases are tedious. Theaccused, and later on, the criminal defendant, must always berepresented by an attorney in all steps of the criminal proceeding.In order for the accused's rights to be fully protected, one mustseek the assistance of counsel who are experts in battling shrewdprosecutors and zealous police officers. Criminal defense attorneysare not just knowledgeable of both federal and state criminal lawstatutes, they are also skillful in using criminal defense laws tothe advantage of the accused.

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Intellectual Property Law - Legal Information and Resources

Intellectual Property

Intellectual property law protects ownership of creative works. Intellectual property law ensures creators that they can profit from their works, while others can't without their permission. Intellectual property law also induces individuals to produce creative works that are beneficial to society. Intellectual property is composed of patents, trademarks and copyrights and each provides protection for specific types of work. The U.S. Patent and Trademark Office has authority over patents and trademarks, while the U.S. Copyright Office has authority over copyrights. The two governmental agencies are under the authority of Congress.

A patent is granted to the owner of a work so that others cannot use the work for any purpose. Congress authorized the issuance of patents so inventors would feel safe to disclose their creations to the public. In the United States, a patent expires after 20 years from the date filing of an application. After 20 years, the patent will be public property and anyone has the right to use the patent. To apply for a patent, there are requirements that must be complied with. Among other requirements, an application must be filed within one year of certain acts, the description of the invention must be complete, and the invention must be new. Patent law in the United States is not applicable to some countries in the world. Thus, if the creator seeks global protection of his work, the creator must apply for patent in those countries. Not all creations will meet the requirements for patent protection. If a creation is obvious in design, not useful, or morally offensive, the application will be denied.

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose of obtaining trademark is to distinguish one's product from another. Trademark rights can be obtained by either (i) filing a mark with the Trademark Office or (ii) by actually using the mark in commerce or in association with a service. Filing a mark is not required although it can create a nationwide priority of rights in the mark against any other person who subsequently uses the same or confusingly similar mark. The requirement in filing a mark is the applicant's bona fide intent to use that mark for products or services. Without bona fide intent, the filing may be deemed invalid and the applicant may be subjected to penalties.

Copyright protects the expression of ideas and is granted to creators of original intellectual and artistic works. Copyright is automatic upon creation and, in the United States, lasts for the life of the creator, plus 50 years. Works that subject to copyright include books, pictures, sculptures, music, movies, and computer programs. By obtaining copyright, the creator has the right to reproduce his work, make derivative works, and distribute or sell the work to the public. In the case of music or movies, the creator has the right to perform the work publicly, and, in the case of sculptures, display the work to the public.

Patents, trademarks, and copyrights are lucrative properties that must be protected by law. It is therefore crucial to seek the assistance of intellectual property law experts in drafting documents and complying with requirements needed for applications. The major issue arising from intellectual property law is infringement, which is the unauthorized use of intellectual property. To prevent infringement, application for patents, trademarks and copyrights is necessary. When an infringement dispute goes to court, the person who filed and obtained the intellectual property protection is given preference over the party who didn't. Infringement cases, however, are expensive, so it is crucial to refer to an intellectual property law attorney first before proceeding with any litigation.

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