How to Expunge a DUI Record

Getting behind the wheel while you are under the influence of alcohol or drugs is a very stupid decision. This mistake can cost you a hefty fine or your freedom. You can get arrested for drunk driving and this charge may result to expensive fines, community service, jail time and a permanent record.

A DUI conviction in your record can have a negative impact which may affect many areas of your life. Even after you have paid the fines, attended drunk driving classes, and served your sentence, you may realize that a DUI conviction on your record can become a form of punishment on its own. For instance, a permanent record can keep you from getting a job, a loan, or from renting a decent apartment. To that end, you may want to have your DUI record expunged.

What Is Expungement?

When the court agrees to expunge a criminal record, it basically means that the conviction is sealed or erased. To that end, when a background check is performed, the record won’t appear. This is very helpful for those who are seeking employment, applying for a loan, or for other purposes.

Remember though that the record is not completely erased. It can still be seen by law enforcers and court officials to check whether the person has previous run-ins with the law. But an expungement will keep the permanent record from ruining the individual’s life.

How To Expunge A DUI

1. Understand what it means to expunge a DUI record: As previously mentioned, DUI is a permanent record. If it gets expunged, all the information about the case, including the files, records, and criminal charges will be sealed. This means that in case you apply for a job, you can tell your potential employer that you have never been arrested, charged, or convicted of DUI.

2. Learn about the laws involving the expungement procedure: You need to understand that expungement process may vary from state to state. To that end, you must check with your country’s court or law enforcement agency where the arrests are expunged. Ask about the requirements, such as a certificate that proves you have completed probation and how many years before you can get your DUI expunged. There are some states that allow immediate expungement for some cases, such as a first offense in DUI.

3. Complete the process: It is crucial to fill out all the necessary forms and requests for expungement, such as the Motion to Expunge. After filling out the formal request, you will need to submit the application to the court and pay the fees necessary. You must then attend the expungement hearing once it is scheduled by the court. Lastly, you may also need to appear in front of a judge.

If everything went well, the judge will agree to the expungement plea. He will then give a court order to expunge the DUI record.

The Need of Hiring a Business Transaction Lawyer is Rising

Every business demands a business lawyer, so that one can run one’s business successfully without facing any kind of hardships from others. Different companies have different rules that are set as per the requirement of their corporate guidelines and structure, hence the rules and regulations may vary from one company to the other. On the other hand, small businesses do not have complex set of rules, but it may be a necessity later on when a company grows itself and starts becoming a corporate. The lawyer plays an active role in forming up of such rules and makes sure that the regulations are properly abided without any fail. The lawyer also helps to deal with the legal complexities that are related with partnerships, networking, and joint ventures and also prepare against probable future lawsuits and build planned relationships with other trade industry.

Any legal problem or business dispute is not appreciated and is not welcomed at any stage and in any kind of business. Therefore, a company needs proper strategic planning so that one can avoid arising of such problems that may hamper the growth and reputation of the company. The lawyer who is responsible to look after the growth of one’s business will take up the legal procedures with utmost care and concentrate on the growth of the business. A knowledgeable and wise business lawyer can easily avert situations which might engage huge expenditures in lawsuits, or take the matter into consideration and solve it accordingly before it takes a huge shape. There basic duty of a business lawyer is to review the problems and come up with proper and effective solutions. Business transaction lawyers are considered to be an asset for any organization if they are knowledgeable and professional in their field. The business lawyers have different kind of job roles, a lawyer needs to apply its powers and methods effectively so that it benefits the company and increases the growth perspective.

When a business is a small unit in the trade world, it is a daunting task to handle mergers and meetings with the big shots of the trade world. One’s business transaction lawyer will help in this regard also, as they are well aware about the intricacies that a business has, and hence will have the best solution for every possibility that company faces during its execution period in such industry. A company should be perfectly resourceful and confident so that it is not exploited by its opponents, who will indeed have sufficient knowledge on matters of corporate sector. If an organization wishes to have a major business transaction, a business lawyer in case can make or break the deal as per the guidance that is provided by him. Such business lawyers also helps in preparing legal papers for any contract like gaining or expansion, or even advertising a company to merge with a larger organization, a business transaction lawyer helps out with the paper works that is needed and other finer issues that is concerned with it. By hiring a business lawyer, a person needs not to worry or invest one’s time in the legal ins and outs and can actually concentrate on one’s business and concentrate on its growth.

Why You Need a Will: Common Scenarios That May Surprise You

Here are some common scenarios where people die without Wills — the outcomes may surprise you:

Scenario 1: A husband dies, survived by his wife and three young children. The wife feels assured that she inherits all of her husband’s assets. She is wrong. The children inherit a significant fraction of the assets, and because they are minors, they will need a guardian and Court involvement is likely.

How a Will could help: The husband could specify in his Will that the assets pass to his wife (not his kids); if he does want to leave assets to his kids, he could set up a trust for minors and specify a trustee.

Scenario 2: A husband and wife both die in a car accident, leaving three young children. Who gets custody of the kids? The kids could temporarily end up in foster care until a guardian is appointed in a Court process that could take many weeks.

How a Will could help: The couple could have had a paragraph in their Wills specifying who would care for their kids in case they both died. They could even specify one person to take care of the children’s “person” (where they live, how they are raised) and another to take care of their “property” (the assets left to them)… since people vary in what they are good at.

Scenario 3: A widow has a child with special needs. When she dies, her assets pass to her child, thereby disqualifying the child for government benefits. The assets have to be used up before the child re-qualifies for benefits. The assets that the widow worked so hard to preserve for her child are lost — they will pay for care that would otherwise have been paid by government benefits.

How a Will could help: The widow could create a Supplemental Needs Trust within her Will. Putting the assets into this trust would protect them for the child, who would thereby still qualify for government benefits. The assets earmarked for the child could not only be available to make the child’s life better, but in addition they could pass to friends or other relatives upon the child’s death.

Scenario 4: A couple marries — it is the second marriage for each of them, and each has children from their prior marriage. The couple holds all their assets “Jointly With Right Of Survivorship”, thinking that this is the best way to hold their assets. After all, they reason, that way upon the death of either one of them their assets will automatically pass to the survivor. When the husband dies, however, all his assets pass to the wife; then, upon her death, all the assets pass to her children (none to his!). This is an unfortunate outcome that we see all too often with people who have not come to us (or someone like us) to help them with their planning.

How a Will could help: A Will, particularly one with a trust, could have protected a significant portion of the husband’s assets for his own children. The wife similarly could have preserved her assets for her own children. You can have unintended outcomes without proper planning even if no one is being mean or stingy or deceptive (though sometimes meanness, stinginess, and deception may be involved). In situations involving second marriages and children from prior marriages, planning focusing on the form of ownership, the creation of trusts, and other planning tools, is essential.

Scenario 5: You have no close relatives and your assets “escheat” to the State.

How a Will could help: You can designate friends and charities to inherit your assets.

Scenario 6: The order in which you and your family die causes your assets to pass to the relative… or in-law… you hate the most.

How a Will could help: You can control who gets your assets after your death.

These typical scenarios highlight issues we see every day in the people who come to see us after the fact — often when it is too late to do anything to remedy the situation. These scenarios also highlight how a Will can often offer a relatively simple solution to avoid these problems. A Will can be a highly useful tool, along with other planning, to ensure that your wishes are given effect, the people you trust have the authority to carry them out, and your loved ones are taken care of, thereby giving you peace of mind.

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Disclaimer: This article is based on NY Law. Estate planning and Will drafting are complex processes that should only be undertaken with the assistance of an attorney knowledgeable in these fields. These examples have been presented in a simplified manner for clarity; many things, including subtle variations in the facts, could affect the outcome, and other tools — prenuptial or business agreements, trusts, etc. — may be advisable in conjunction with or even instead of a Will. The foregoing examples should not be used to infer possible solutions to your situation, nor should it be viewed as legal, financial or tax advice. You should consult with an attorney (and possibly other professionals such as an accountant, insurance professional, financial adviser, tax specialist) to discuss your particular situation.

Cyber Law – Many of the Newest Cyber Laws Are to Protect Businesses

Two decades ago there wasn’t really any type of cyber law. Today, we can’t pick up a newspaper, without reading something about legal issues that involve the Internet, or the companies that do business there. The record and movie industry has been distraught over piracy, copyright infringement, and stolen intellectual property. And they have every right to be, but they aren’t taking it lying down.

In fact, we now see that many of the cyber laws on the books are there because the movie and record industry has sent their lobbyists to Washington DC to get laws passed to prevent this theft. Has it worked? Yes and no, the piracy still exists, and it is doubtful if it can all be stopped. The European Union has just come out with a new law to protect companies from individuals downloading without paying for movies, and songs.

Software companies are also being ripped off, and it’s not just in places like China where you might expect, a lot of stuff happens in the United States, and the Internet is worldwide, as we cross the digital divide. Sometimes people can’t afford songs or movies so they download from a website which has pirated the songs and movies, and then there are the people who build websites who distribute this material who find ways to get a hold of it, usually you legally themselves.

Recently there was a very interesting article on cyber law and one of the big problems in the Wall Street Journal. The article was titled “Warner Bros. Probes Online Leak of Potter” by Loren A.E. Schuker published on November 24, 2010.

It turns out that Warner Bros had their latest Harry Potter film stolen a full four days of head of its debut according to the article. Although the full movie was not available, the first 36 min. were, and the folks that love to play around with file-sharing were able to get it for free. Now then, I’d like to express my opinion on this topic – and then ask some questions, philosophically of course.

If the movie companies can’t get a return on their investment because their films and movies are stolen and given away for free, then they are less likely to spend big budgets on big movies in the future, because they will not be able to make a profit. Indeed, this creates a huge risk in the marketplace, and the reward is not there, if the work will only be stolen.

This is a detriment to not only the United States but also countries like Brazil and India who are also now making movies, along with China. How they protect their movie industries, as they will have the same problems as we do here. How much is at stake – hundreds of billions of dollars per year. That is well over the gross domestic product of at least 300 of the world’s nations – stolen in cyberspace.

Even though we have laws in the United States, the EU, and other countries it is doubtful that cyber law alone can stop this problem. It appears that cyber law is only keeping the honest people honest, and the criminals are moving around too fast to stop, even with the recent domain name repossessions by authorities. Please consider all this.

A Good License Agreement for Your Music

Many amateur composers fall victim to a badly drafted licensing agreement that totally stomps on their right over their royalties and possible million dollar career. This scenario does not only affect songwriters but also musical composers for movies and televisions. They write songs and produce music. The record company or the movie and television company just buys the composer’s rights over the song or the music and have the latter sign a waiver of their copyright.

Young struggling music artists, for example, are often forced to sign record contracts that are not favorable to their future career. It is understandable that they feel compelled to sign such contracts. Their careers at that early stage is in their infancy. The problem only arises if and when they meet with some success. Such early stage contracts often lay claim to future, post success and celebrity, records. Musicians often either don’t understand or merely gloss over these provisions. The consequence, however, can result is millions in lost revenues to the artists years after these contracts are signed.

Thus, it is important for amateur songwriters and composers to draft a licensing agreement to protect their future million dollar career. In order to make the agreement valid and good, the following stipulations must be inserted:

1. There must be a copyright protection over derivative works.

Some music, film and television companies give royalties to the owner of the music but limited only to the particular projects. Such as, if it is a music album, the composer will only receive his royalty depending on the sale of the music album. However, the music, film and television companies holds the right to sell the music for other derivative works, e.g., using the song as a musical score.

If the composer will have no right over the derivative use of his creation, the music or film company can make millions even when the sales of the music album have already declined. Take for example the song, “Feels like home” or “Somewhere over the rainbow”, it has been used in countless movies and soap operas all over the world. Every time these songs are used, the production company pays the record label royalties. Thus, if the composer will have a right over the derivative use of his creation, he will have additional potential earnings. Also, the composer or the songwriter will be protected from abusive record companies.

2. There must be a protection from unauthorized use.

Many composers lose a lot of potential income due to music piracy and unauthorized music downloading internet sites because most of the royalties are based on the sales of the album. Thus, for composers, they should include in their agreement stipulations that protect them from the unauthorized use of their music. The stipulation should require the licensee, or the record company to compensate him an additional amount for their failure to protect his creation from unauthorized use.

A Property Owner’s Responsibility and Liability of Their Premises

Premise Liability law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people who are on the premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Property premise is defined as inside and outside the property, including sidewalks and access property.

Such cases of property liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more. More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, un-leveled sidewalks, restaurant food poisoning, and bonfire accidents.

Premise Liability Organizations

Important organizations related to property liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals. The American Tort Reform Association was created in 1986. The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away. Depending on the circumstance of your case, you may have a valid legal claim for compensation. You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more.

Free Initial Consultations

For more detailed information on property liability law, ask a professional personal injury attorney for free. Many law offices offer free initial consultations to discuss your accident and claim before moving forward with any legal contracts or fees. Be sure to choose a trusted personal injury law firm with extensive trial and litigation experience.

Why You Should Consider Divorce Mediation As an Alternative

It’s never an enviable position to be in when you’re facing the prospects of separation and divorce. For many couples this of course also means child custody and child support, along with division of property, alimony, and all the other logistic and legal steps along the way. However, every case does not need to be a dug in, drawn out, ugly courtroom battle.

In fact, many couples are able to find out of courtroom solutions that offer what is ultimately an easier and simpler process, with less emotional strain and financial burden. This is where divorce mediation comes into play. Learn more about why this is a viable alternative and to see whether or not it may be the right way for you to go.

During divorce mediation, an experienced mediator serves as a third party between the couples. This entails negotiating and compromising on some of the important points and issues in play. While one on one, these would never be amicably or easily solved, with the insight of a calm, experienced outside party, solutions often develop without excessive stress or hassle.

Both sides are given equal time and weight, and it’s amazing to see the power that a neutral 3rd party can have towards producing a settlement. When both sides are heard and respected, results can be achieved.

The mediation process puts the couple in the position of power in terms of compromising for what they each feel they want or deserve, as opposed to leaving that in the hands of a judge alone.

Every case is different, and in some matters, there’s not going to be an easy out of courtroom settlement. Other individuals may simply not want to go in that direction due to what’s at stake, or how they feel about the other party. That’s why there’s never a right or a wrong, or one single approach to any case or circumstance.

However, what many individuals are finding is that divorce mediation offers the path of least resistance. That means you can move on with your life in less time, while going through a process which is easier on you emotionally and mentally, and saves you time, effort and money as opposed to lengthy, intensive courtroom fights.

Be sure to speak with an experienced divorce mediation attorney in your local area who can help guide you through the process, and determine whether or not that’s the right course of action for you.

Why You Need a Real Estate Lawyer More Than You Think

There are times when a real estate lawyer is extremely helpful in managing your property ownership. Although many realty transactions are handled through listing agents, there are occasions when these representatives’ knowledge base just is not adequate. Realtors typically attend training for less than a year, while attorneys are required to attend law school for four years post-college. The extensive training of an attorney gives them the ability to advise clients on an array of subjects.

Contracts are complicated documents, to say the least. The language in a realty contract must be gone over with a fine-tooth comb. Even if an individual carefully reads every word, some of the language can be quite confusing. For one thing, these documents are written in legal-speak, which is not something the average citizen has experience with. Furthermore, property sales are not only complex financial maneuvers, but also often involve emotional upheaval. When people buy or sell their homes, it can tug at their heartstrings. It is easy to miss something in a heavy legal document when you are purchasing your dream house or selling a beloved home. A real estate lawyer is a level head who can help clients navigate the bumpy waters of acquiring or releasing a “home sweet home.”

Property boundary disputes are another area where having a seasoned real estate lawyer on your team is a major plus. Imagine you buy a cabin in the woods. With no fences or close neighbors, you may be under the impression that you are king or queen of the forest, that is, until a neighbor shows up claiming he has inherited the piece of land right behind your house. When conflicting claims arise regarding boundary lines, it is necessary to have a land survey performed, records checked, and a knowledgeable attorney on speed-dial.

Tenants and landlords also need guidance in the vast sea of property negotiations. Both the landlord and tenant have certain rights, and these rights vary from state to state. For example, in some states, a landlord must give 48 hours notice before entering the property, or a 5-day notice if eviction seems imminent because of unpaid rent. A renter has the right to privacy in his or her rental space, provided certain stipulations are met. Sometimes misunderstandings occur and it takes a trained legal mind to effectively sort everything out. When a person’s home is involved, whether the residence is owned, leased, or rented, contractual language must be followed to the letter of the law.

When a real estate lawyer goes to school, he or she learns about leases, purchases, and sales of property. Lessons also are taught on zoning, tenancy agreements, eminent domain, and mortgages. In addition to classroom academics, attorneys gain valuable experience by clerking in law offices and spending time in courtrooms. When push comes to shove in the world of property, wouldn’t you rather seek guidance from a professional who has trained for years rather than none?

Current State of Copyright Awareness in Education

Many scholars believe that the rate of frequent copyright infringements among students and other users of copyright materials in academic environment is an indication that the awareness of copyright is still extremely low, especially, today that technology has made it easier to photocopy, plagiarize and pirate other peoples materials. This shows that there is little respect for creativity, so copyright protection is considered unnecessary. The high price of foreign and quality books is another major factor. As they are luxury goods, people still like pirated books.

It is however worrying to note once again that the issue of copyright has now become a global concern and infringement of copyright law has also received prominence, especially in the academic environment where a larger group of copyrighted material users are found. for instance, in an educational institution where lecturers rely on copyrighted materials to teach their students as the students also often consult copyrighted materials to meet their educational requirements, in such an environment, it is admitted that lack of copyright awareness may result in uncontrollable copyright infringement activities.

The fact that what pertains in other foreign universities seems to be absent in most Ghanaian universities on copyright awareness is a great worrying to the copyright industry.

One may even wonder what happens at a university where there is no copyright and access policies in this era where copyright infringement has become more evident with the emergence of advanced technology, as it is now possible to copy and use literary works that are likely to be protected by copyright. The situation at most Ghanaian schools reveal that many students, who cannot afford the prices of materials and textbooks, now make photocopies of essential texts and materials for their education at a low cost in the detriment of the copyright holders.

However it can only be concluded that the detriments caused by copyright infringement do not only affect authors but also publishers and other stakeholders in the publishing industry as a whole.

Considering that schools forms part of the major users of copyright-protected materials in Ghana, it is right to conclude that based upon the role of copyright in our knowledge-based economy, it is important that any serious enquiry into the subject of intellectual property (IP) has to consider this crucially important role of copyright in the production and dissemination of knowledge and knowledge-based products.

This is because most Ghanaian schools have library blocks resourced with various copyright-protected materials which are made available to both students and lecturers for the production of term papers, essays, report, thesis or dissertation, articles, journals and other scholarly publications by the students and lecturers. This suggests that the schools must therefore be positioned to effectively advocate their academic and institutional values and defend its teaching, research and service mission through effective copyright awareness.

Online Detective Services: Private Investigator Vs Net Detective

Is there such a think as an online private detective? A Dick Tracy of sorts for the Internet world? Can’t you just see the smoke filled, dark investigation room with laptops scattered about.

If you Google search for things like Internet detective, or cyber investigator, or online detective, you will find tons of information about performing private investigations for yourself but very little about live, private investigators willing to track down online perpetrators. In reality, this is a brand new industry that is starting to form.

If you are simply trying to find someone, let’s say an old friend from high school, then there is a ton of online services to help you accomplish that task. As an example, NetDetective (of which I have no affiliation), is probably one of the more popular sites. According to their website, NetDetective “allows you to uncover information you want to know about your doctor, boss, friends, neighbors, lover and even yourself.”

While this kind of service is extremely helpful for the right applications, it does not offer solutions to the second type: I need to find, stop, or prove that someone is doing something bad online to me, my company, or my loved ones. Now this is a horse of an entirely different color.

Let me give you an example. Recently, we were contacted by a high profile person that was being attacked by former partners and friends. The attacks were relentless including social media(facebook), anonymous blog and blog comments, emails, etc. To the point that person was also concerned about physical safety even though that was not being openly threatened.

Unfortunately, people being attacked in the Internet world are typically not going to be helped by traditional lawyers and law enforcement. Lawyers are very good at litigating and taking every legal action once they can prove that somebody is attacking their client. But how will they do that when the online attacker is hidden by layers of security and masked IP addresses. Most law firms do not have the resources for such investigations.

Unless the threat is serious enough, then conventional law enforcement will likely be unable to help since this really does not fall within their charter.

What should the client do? For people that work in this little specialty, they have had a number of calls from both companies and individuals that are at their wits end because of their online reputation being attacked. They literally do not know where to turn.

What the individual really needs is an Internet investigator, or an online detective that will help them gather needed information and can then point them to appropriate legal or law enforcement resources.

So, as you can see, there is a very large difference between and online investigator vs a service like NetDetective. Each have their own specialty and application.

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