Why You Need a Criminal Lawyer for a DUI Charge

April 11th, 2014 Comments off

If you’ve been charged with a DUI recently, this is no lightweight charge that you can simply dismiss out of hand. DUIs are most often given for alcohol-related intoxication, but any consciousness-altering substance that can render one incapable of driving, including prescription medications, is considered fair game. DUI charges were once considered relatively minor offenses, but this has changed in recent decades. Today, a DUI charge warrants the assistance of a criminal lawyer in every case – even if this is your first offense.

When you’re pulled over for suspicion of DUI: Cooperate, but exercise your right to remain silent. If you’re pulled over for suspicion of DUI, the police in the United States will usually give you a series of field sobriety tests (reciting the alphabet, walking heel to toe for several steps) that will help to “prove” or “disprove” your current state of intoxication/impairment. Here in Canada, you will usually be asked to take a Breathalyzer test if you’re suspected of driving drunk.

These tests are not foolproof, however, and Breathalyzer tests are also not wholly accurate; they can give false positives.

What should you do to help ensure your rights as an innocent person are protected when you’re pulled over?

Cooperate with the police and follow their instructions, but *immediately* exercise your right to remain silent if you are placed under arrest and read your Miranda rights. Don’t say anything further to anyone and retain a criminal lawyer versed in DUI. He or she will advise you on the best course of action at that point.

You need an experienced criminal lawyer on your side, from the very beginning of your case!

It’s imperative that you retain an experienced criminal lawyer as soon as you are charged with a DUI; you need this expertise to help you fight these charges most effectively. An experienced criminal lawyer will:

  • Protect your innocence from being compromised

If you’re innocent of your DUI charges, you may think you don’t need a criminal lawyer. Unfortunately, this isn’t true. It’s no mistake that when you are read your Miranda rights, you are told, “Anything you say can and will be used against you in a court of law.” That holds true if you’re innocent, as well. For example, you should *never* give police interviews unless your lawyer is present. He or she will protect you from making mistakes that could compromise your case and even lead to actual conviction despite your innocence.

  • Lead you through the court process, protecting your rights and defending you at every step

In a court of law, it’s not so much about determining your innocence or guilt. Instead, it’s about which side presents the best and most compelling case. Will the prosecutor prove his or her case best and “win,” or will your criminal lawyer?

When you have an experienced criminal lawyer on your side in court, you have the best weapon possible to get your DUI charges dismissed. That is, your lawyer will present the facts of your case to the judge or jury compellingly, succinctly, and clearly. The prosecutor will also do his or her best job to try to prove your guilt, but in expert hands, the facts speak volumes. An experienced criminal lawyer can help you prove your innocence and put this behind you.

If you’re guilty and/or are a “repeat offender”

Finally, if you are guilty of your DUI charges and/or have previous DUI convictions, a criminal lawyer will see to it that you are represented properly during your trial and will work to reduce or dismiss any unfair charges, so that you are assured the best outcome possible.

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Why You Should Register Your Trademark in China

April 5th, 2014 Comments off

Having a registered trademark gives your company some brand leverage. It prevents competitors from using your mark to confuse customers with a brand that is similar to yours. You need to take your time and use some of your resources to register your trademark in China. Choosing to export your products to China without any registered trademark exposes your brands to considerable risks.

Reasons to register your trademark

Any trademarks that are registered outside China are not recognized under Chinese law. In case you intend to remain in the Chinese market for the long-term, then you need to begin your trademark registration in China from the word go. China’s law allows a first-to-file basis. This means that whoever applies for any trade mark first will obtain the registration. Unless you can run your business successfully without your current brand, then you should consider registering your trademark in China.

How to register trademarks

Foreign companies without a base in China need a loyal agent to register their mark. There are other service providers that offer similar services that can protect your intellectual property right in China. For a single product class, it costs $500 to register your trademark through an agent. If the trademark registration process is straightforward, it may take about 18 months.

The product class to register your trademark

For proper protection your company needs to register trademarks in specific product classes, e.g. instead of just applying for a trademark under food product you should also consider registering the trademark under possessed foods, health food products and beverages. These are not actual classes of trademark registration in China. The emphasis is to cover all possible classes of goods that interest you. Even product classes that don’t interest you should be registered.

This enables you to avoid having someone register your trademark in different class of goods then eventually giving your product stiff competition. For an average company, the cost of covering all the product classes is prohibitive, in such cases, a lawyer or a trademark agent should be consulted for some expert advice.

Other guidelines for registration

When registering, you need to have the Chinese version of your trademark. It is important to give Chinese consumers a Chinese name to identify your product with. The importance of a good Chinese trademark is equal to an English or French one. You need the aid of someone who speaks fluent Mandarin Chinese to create your Chinese trademark. This helps you to avoid poor or inappropriate trademarks.

The registration of your Chinese trademark should taken as seriously as English or French sign. You need to arrange for the registration yourself instead of letting your local partner or distributor carry out the process for you. You also need to ensure that your trademark does not infringe on any existing trademarks registered in china. Your lawyer or trademark agent can run a search to minimize such risks. You may also carry-out preliminary research using the relevant links.

Having some knowledge of how business is conducted in China can be the difference between success and failure. You should take trademark registration in China as seriously as your would take the same process in the UK or France. An Expert in the Chinese language can help you avoid inappropriate or poor trademarks. This is not a process that you let someone else handle on your behalf.

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