Vintage Law

All about law minus its complexity.

Tue 15 November 2016

9 Things You Need To Know About a DUI Offense

Posted by Roosevelt Foxall in Simply Law   

Being charged with a DUI is quite a traumatic experience for most people. It's something that could damage your personal records and your life overall. Things may also get too confusing if you have no idea about what's going to happen to you. Here are the top things yu need to know about getting a DUI:

Never talk about your case with anyone who is not your attorney. 

This goes for anyone including police officers, jail staff and ourt officials. Anything you say can be used against you druing your trial so, it's better to confide with your attorney.

Laws vary from state to state.

Each state has their own laws about this legal matter. You could do some research about or cnsult with a local lawyer who specializes in this type of case.

First timers could get a misdeameanor criminal charge.

If no was hurt during your arrest, you would typically get a misdeamanor charge for your offense. However, if someone was injured or killed, you could be charged with a felony DUI which can have heavier consequences such as longer prison sentences.

Battling a DUI charge is expensive.

You may need to spend thousands of dollars on a private lawyer and pay costly fines. If you lose during the trial, expect to pay more heaps of money.

You may bargain and avoid trial.

A majority of DUI cases never make it on court because the defendant pleads guilty. The prosecutor may offer something good such as a light sentence if you plead guilty to your case.

Driving privileges can be revoked.

Even though it's your first conviction, you may be stripped of your driving privileges. This varies from state to state. Most state laws can suspend your driver's license for a certain period of time.

It's not sweeter the second time around.

If you had a DUI before, you may experience heavier fines, sentence and a longer suspension. It's definitely not something you'd like to repeat.

 

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Sun 09 October 2016

Defamation Law: The Basics

Posted by Roosevelt Foxall in Simply Law   

Ever experienced someone published a wrong statement about you which hurt your credibility? You just might be a victim of defamation.  The defamatiion is a little tricky becuse it can somehow contradict with the idea of free speech. So, what should we know about defamation and how can we protect ourselves from malicious thoughHere are the basics of the defamation law:

 

Defamation is defined as any false statement that was intended, either spoken or written, that harms a person's or company's reputation. It can result in the decrease of respect which can be really damaging.

Elements of defamation:

  1. Defamatory language
  2. Of and concerning the plaintiff
  3. Publication to 3rd party
  4. Damage to plaintiff's rep
  5. Falsity (Public concern)
  6. Fault  (Public concern)

Defenses to defamation:

  1. Consent
  2. Truth
  3. Absolute Privelege
  4. Qualified Privelege

 

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Tue 20 September 2016

Intellectual Property Law 101

Posted by Roosevelt Foxall in Simply Law   

When you're creating something, you need to make sure that your idea is original for you might be imitating a trademarked object. This goes the same in creating logos for your business. If you are an inventor, you need to make sure you protect your original creation and prevent others from claiming it. This is when Intellec tual Property Law makes sense and gives creative people the right to protect their original idea that they worked hard for.

Let's try to dig deeper into this law and learn about the basics.

What is intellectual property law? 

Intellectul property law particularly deals with protection of the rights of creators of original works. This basically covers just about everything such as original novels, plays, invention and company brands. The purpose of this law is to encourage the cultivation of new innovations, inventions and artistic expressions while having a positive impact on the economy. By this law, indivduals are more likely to develop new things with the assurance of being protected as the creator.

 

Copyrights

Copyrights can give exclusive rights to reproduce their work which generally falls under expressive arts. This also can give the owners the right to obtain financial gain from their work and prohibiting others from doing so.

 

Patents

Patents specifically protect inventions from being produced, used or sold by others for a certain period. 

  • Design Patents - protect the unique appearance of the manufactured product
  • Utility Patents - protect the invention that has a particular purpose.
  • Plant Patents - protect plant varieties that are reproduced asexually.

Inventors need to apply for a patent by the US Patent and Trademark Office. This can be a time consuming and complicated process. 

Trademarks

Trademarks protect the names and marks of companies and products. This also makes it easier for consumers to determine different products from each other. It's also assumed after a company uses a certain mark or symbol to identify itself.

 

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