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Criminal defense attorneys see it happen all too often – a person is arrested on any number of charges and, whether unintentionally, because of a lack of knowledge, or out of fear or coercion, they give up their rights.

The following tips will help you to avoid giving up your rights if you are ever faced with criminal charges.

Remain Silent
It is your constitutional right to remain silent. Don’t be fooled by a polite police officer who asks if you would like to tell your side of the story, because the police are not looking to let you go, no matter what they say. They are actually looking for a way to justify your arrest and collecting evidence against you.

Plead the Fifth
The 5th Amendment to the United States Constitution states that no person shall be compelled to be a witness against themselves. As long as any statements you make are voluntary, and you have not been compelled to say anything, those statements are admissible as evidence against you. By choosing not to answer the officer's questions, you effectively deprive the officer of that evidence.

Do not Cooperate
Many officers will tell you that if you work with them, they can make it easy for you. However, officers have no authority when it comes to prosecution.

Demand Your Attorney

The 6th Amendment states that if a suspect asks to speak with an attorney before or during questioning, the police must break end the questioning until the suspect’s attorney is present. This gives you an enormous amount of power over the police. Avoid getting angry or frustrated. Simply ask politely to speak with your attorney.

If you have been arrested, taken into custody, or charged with a crime, just remember to exercise your right to remain silent and your right to speak with an attorney.

Your freedom and your future will depend upon it.

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]]> http://www.law-firm-news.com/index.php?entry=entry111229-174741 No Author Thu, 29 Dec 2011 22:47:41 GMT http://www.law-firm-news.com/index.php?entry=entry111214-190429
What’s the big deal?

Just one drink can be a big deal if you get pulled over by a police officer because, depending on the circumstances, just one drink can elevate your blood alcohol level to higher than the legal limit. That’s enough for you to be arrested and charged with driving under the influence.

There are several ways that police officers attempt to keep drunk drivers off the road, the most common being through the use of DUI checkpoints. Checkpoints are typically set up late at night or in the early morning when impaired drivers are more likely to be on the road.

At a checkpoint, officers will often stop every other car or stop cars in patterns. If they suspect that a driver is impaired, the driver will be asked to exit the vehicle and the police will begin the process of determining whether or not the driver has had too much to drink.

Determining whether or not a driver is impaired usually requires several steps. The first step might be to search the vehicle for open containers or bottles of alcohol. However, the driver has the right to refuse the search.

Next, the officer will likely have the driver perform a sobriety test, which may include walking in a straight line, reciting the alphabet backwards or following a finger with their eyes. The way a driver performs these tests will give some insight as to how much they have had to drink and whether they are sober enough to drive.

The police officer may next conduct a breathalyzer test to check blood alcohol levels. Should the officer determine that the driver is under the influence; the driver will most likely be arrested and held in jail. Usually, the driver is charged with a DUI.

In every case involving a DUI arrest, there is the chance that the defendant will lose their license, pay fines, spend time in jail and more. That is why it is important to hire an attorney to defend you in a DUI case, especially if you don’t believe that you were impaired.

A popular defense is that some tests show inaccurate blood alcohol levels. While the margin for error isn’t great, it can be enough to mean the difference between guilt and innocence.

If you have more than one drink and in some cases, only one drink, it is best to refrain from operating a vehicle and call a cab or have a sober friend drive you home.

By keeping these simple steps in mind, you can ensure that you are never arrested and charged with a DWI.

Law firm web marketing by dzine it]]> http://www.law-firm-news.com/index.php?entry=entry111214-190429 No Author Thu, 15 Dec 2011 00:04:29 GMT http://www.law-firm-news.com/index.php?entry=entry111115-103058
For example, how many times have you heard that it is not a good idea, under any circumstances, to blow into a breathalyzer if you've been pulled over for drinking and driving?

Have you heard that one before? Unfortunately this advice has gotten a lot of people into trouble. In some situations, you should blow into the breathalyzer because you are not over the legal limit. This is why it is important to know how much you have been drinking.

In most states it is not illegal to drive after you have been drinking alcohol, only when you have drank too much alcohol. If you know you have had too much to drink, than it is best not to take the breathalyzer test and you should leave it up to a competent defense attorney to help you in court. However, if you have only had one or two drinks and blow into a breathalyzer, you will likely be able to clear the situation up on the spot.

Another tip for staying safe is to avoid talking to a police officer when they are accusing you of a crime. Your right to remain silent should not be taken lightly because the police officer is not required to take what you said and use it in such a way that it helps your case. You also run the risk of your statement being misconstrued and it will ultimately boil down to your word against the police officer’s word.

Many people think that they can talk their way out of an arrest and often feel compelled to tell their side of the story. Unfortunately, it doesn't matter whether or not you are innocent at the time of arrest. It only matters in a court of law. Until you get to that point, however, it is critical to your safety and your freedom that you do not, under any circumstances, discuss the charges against you with anyone except your attorney.

Finally, should you ever find yourself in the unfortunate situation of needing a defense attorney, it is important that you not rely on a public defender. Instead, seek the help of a skilled, private criminal defense lawyer. While most public defenders mean well, you will almost always get better results from a private attorney.

Hiring a private defense attorney may sound like an expensive proposition, compared to using a free one, but when you are faced with losing your freedom and your good name, the price of retaining good, competent legal counsel is easily justified and worth it.

The bottom line is that most people don't think about how they would handle being accused of a crime by the police. They do not think about needing a defense attorney and what they would do in that circumstance.

However, it's important to think about these things, and even more important to have a plan in place should you ever face charges.

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]]> http://www.law-firm-news.com/index.php?entry=entry111115-103058 No Author Tue, 15 Nov 2011 15:30:58 GMT http://www.law-firm-news.com/index.php?entry=entry111028-102248 criminal defense attorney and the prosecuting attorney in your criminal case, whereby you plead guilty to the charges against you in exchange for a reduced sentence or fewer charges. Plea bargains can be beneficial particularly when there is a chance of a conviction and you want to avoid jail time.

Here is how the process works:

Once the trial date is set, the prosecuting attorney will start preparing for trial by gathering evidence and looking at police reports. The prosecutor will weigh the likelihood of taking your case to trial based on the evidence against you. The strength of the evidence depends on several factors including witness testimonies, the presence of DNA evidence and other types of evidence.

The prosecutor and your criminal attorney will likely meet prior to your trial date to evaluate the evidence for a possible conviction. If your criminal lawyer is handing your case appropriately, he or she could argue that the case is weak and should be dismissed or amended to a lesser charge. Because prosecutors usually want to avoid a “not guilty” verdict and your attorney wants you to avoid jail time, both sides may reach a compromise that will be beneficial to you.

Plea bargaining can take place at any point during trial prep and often happens on the day of the trial. The prosecutor will often make an offer at pre-trial and if accepted by you and your attorney, will then enter your plea and you will receive your sentence.

However, if you are innocent, you should go to trial and not plead to anything, unless the severity of your possible punishment is so extreme that your attorney could be forced to agree to some kind of plea agreement to keep you out of jail. If you are in the unfortunate position of being guilty, you might want your attorney to get the prosecutor to amend the charge to a misdemeanor or some lesser charge that will garner probation rather than jail time.

Most importantly, make sure hire a criminal defense lawyer that knows when it is best to demand a trial and when it is best to reach a compromise.

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]]> http://www.law-firm-news.com/index.php?entry=entry111028-102248 No Author Fri, 28 Oct 2011 14:22:48 GMT http://www.law-firm-news.com/index.php?entry=entry111013-184505 criminal defense lawyer you will hire to help clear you of the charges.

Use the following questions to make an informed decision and hire the best criminal defense law firm for your case:

1.) How many years of experience does the attorney or the law firm have in dealing with the type of crime you have been charged with? It is imperative that you choose a law firm that is familiar with and has experience in dealing with the type of criminal charges that have been brought against you. It is appropriate and within your rights to ask the firm how many of these types of cases they have handled.

2.) How much experience do they have in dealing with the courts in the jurisdiction where you have been charged? In addition to being well versed in the law as it relates to your specific charges, they should be equally familiar with the venue where your case is being tried. An understanding of court procedures, how the judges and prosecutors operate, and even the firm’s relationship with those working in the court system can give you a major advantage.

3.) How many attorneys work at the firm? It is always best to retain a law firm with multiple experienced criminal defense attorneys who can work together on your case. Because criminal defense cases can be complicated, you are better off retaining a highly skilled defense team with multiple lawyers that can work together, as opposed to a criminal defense lawyer that works alone.

4.) How personable is the staff at the law office? A good indicator of how easy it will be to communicate with your lawyer is how easy or difficult it was to speak to the lawyer or their legal assistant when you first contacted their office.

5.) Do they communicate via email? An efficient criminal defense attorney will provide you with the email address of the lawyers working on your case. You should also be able to contact the law firm after hours when an emergency arises.

6.) Can the law firm offer testimonials from past clients? Ask for statements from former clients who were facing similar criminal charges and selected the law firm to help them. Make sure that firm’s website offers information about how other clients felt about the services that the law firm provided.

7.) Will the law firm give you a written agreement regarding the cost of their services? It is critical that you sign a written contract before hiring a criminal defense attorney.

Only if you ask all of the above questions, will you be ready to make an informed decision regarding who defends you in your criminal case case.

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]]> http://www.law-firm-news.com/index.php?entry=entry111013-184505 No Author Thu, 13 Oct 2011 22:45:05 GMT http://www.law-firm-news.com/index.php?entry=entry110926-155230
While defense strategies are unique to each individual case, your particular strategy will emerge as your criminal defense attorney uncovers information about the case, including the prosecution’s evidence and your version of what happened.
Variations of Truth

As the defendant in a criminal case, you will most often benefit from revealing the truth, as you perceive it, to your criminal defense lawyer. Although the story may be told in different ways, it doesn’t mean that each version is not accurate.

In a criminal case, you and your attorney must work together to form the most accurate version of the facts of the case and must contain the following elements:

• Consistency with evidence presented. For example, if your fingerprints were found at the scene, your version of the truth should explain why.

• Potential to win sympathy. Your version of the truth, for example, could show that you tried to prevent a crime from happening.

• Explaining the reason for relevant alibis. If you claim you were not present when the crime occurred, for example, you must explain where you were and why.

As the defendant, you should never reveal a spontaneous version of the events without first strategizing with a criminal defense attorney because these factors may be excluded, ultimately hurting your case.

In most criminal cases, multiple versions of the truth will exist and a good defense attorney will help you to devise the most favorable version of the events to develop a solid defense strategy.

]]> http://www.law-firm-news.com/index.php?entry=entry110926-155230 No Author Mon, 26 Sep 2011 19:52:30 GMT http://www.law-firm-news.com/index.php?entry=entry110912-075103
A criminal defense lawyer specializes in defending those charged with a criminal offense. Hiring a lawyer can be confusing process, because there are many different types of lawyers out there. Here are some tips that you should follow on your quest to find a criminal defense attorney to represent you.

1) Demand specific and relevant experience. Look for a law firm that concentrates on only a few types of criminal defense law, particularly as it applies to the specific charges against you. For example, if you were charged with DWI, it is not a good idea to hire a law firm known for its expertise in defending domestic dispute charges.

2) Ask around. Whenever possible, ask your friends if they know any criminal defense attorneys. A referral is an excellent way to meet a good attorney.

3) Look for a free initial consultation. Most criminal defense attorneys offer free consultations, either by phone or in person. Make sure that you explain your situation honestly because, if you don’t, it can have a negative impact on your case. Don’t choose an attorney who is not willing to offer a free consultation.

4) Check the fine print. Before hiring an attorney, be sure that you clearly understand the fee structure of your contract. Be aware that almost every attorney requires a retainer after the initial consultation.

5) Check references. Do your homework and find out if the attorney belongs to any legal organizations, such as a State Bar Association or the National Association of Lawyers. If so, you can be confident that you are likely in good hands.

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]]> http://www.law-firm-news.com/index.php?entry=entry110912-075103 No Author Mon, 12 Sep 2011 11:51:03 GMT http://www.law-firm-news.com/index.php?entry=entry110829-105534 White Collar Crime

White Collar Crime refers to criminal offenses that typically occur in businesses or corporations. They may include insider trading, antitrust violations, computer fraud, securities fraud, or money laundering, to name a few.

Non-violent in nature, white collar crimes generally involve some form of fraud and are committed through what appear to be legitimate businesses. In some cases, business principals may be involved in the crime, while in other cases the crime may be committed by an employee, without anyone else’s knowledge.

Preventing and Responding to White Collar Crime

To prevent crime, businesses should impose safeguards to check on the conduct of employees. This may include audits of banking activities, for example.

When a business does not appropriately respond to criminal activity, or allegations of a crime, it may give the appearance that the principals were involved. If a business does not wish to be held responsible for an employee’s illegal conduct it should cooperate with any criminal investigations conducted.

When a Business is Charged with an Offense

When a business appears to have engaged in activities prohibited by antitrust laws, or to have engaged in racketeering conduct, failed to keep required records, failed to comply with laws requiring financial transactions to be reported, or in any other illegal activity, it may face a civil lawsuit. If a business or corporation is heavily involved in criminal activity, criminal charges may be filed against the business itself. This usually happens when managers or directors have been involved in, or were indifferent to, the illegal activity.

How a Business can be Punished

Businesses can be punished, typically, only in financial terms. It is possible, however, to impose what is known as a "corporate death penalty,” imposing fines so large that the business is forced to shut down. It is also possible for a business to be given a term of "probation," during which it is carefully monitored by the court

Law Firm Internet Marketing]]> http://www.law-firm-news.com/index.php?entry=entry110829-105534 No Author Mon, 29 Aug 2011 14:55:34 GMT http://www.law-firm-news.com/index.php?entry=entry110817-093147 Although drunk driving may seem like a minor offense to some people, it is one of the most complicated criminal charges that prosecutors can bring. There are numerous technical defenses that an attorney may raise, to help you avoid conviction, negotiate a lesser charge, or reduce the terms of your conviction.

There are several defenses in a drunk driving case, including:

Incorrect or Inadmissible Test Results

You may be able to argue that the blood alcohol test results used by the prosecution and garnered by the police, are incorrect or inadmissible because of an error in the test administration. Perhaps the testing device was not properly maintained, device maintenance records were not properly kept, or the administrating officer was not properly trained.

Sometimes police violate procedures during the test, like failing to observe a suspect appropriately before administering the test or failing to call a supervisor when an error occurs. Also, failure to give the suspect proper warnings may result in the exclusion of the test results.

In rare cases, certain medical conditions or medications have been known to inflate test results.

Lack of Probable Cause

Your attorney may argue that the police did not have probable cause to arrest you for drunk driving and that any test results should be suppressed because they stem from an illegal arrest.

Wrong Driver Defense

You may have been arrested for drunk driving, but someone else was actually driving the car. In some cases, a passenger will change places with the driver to help them avoid prosecution.

In this case, the prosecution must prove that the defendant was actually driving. However, this is an incredibly difficult defense to mount.

No Impairment Existed
Your attorney may call witnesses to testify that they observed you driving shortly before you were pulled over and saw no signs of impairment. While it is possible to mount this defense without witnesses, it is difficult.

Rising Blood Alcohol Content

You may choose to argue that you were not above the legal limit while driving because you consumed liquor right before you drove and it had not yet been absorbed into your blood. During the time between the traffic stop and the administration of a blood alcohol test, you may argue that the alcohol was absorbed, resulting in a misleading test result.


Law Firm Web Marketing by dzine it]]> http://www.law-firm-news.com/index.php?entry=entry110817-093147 No Author Wed, 17 Aug 2011 13:31:47 GMT http://www.law-firm-news.com/index.php?entry=entry110803-151900 Connecticut private investigator says that a new study looks beyond demographics to figure out why spouses cheat.

“It is quite natural to wonder what it is exactly that makes a person stray,” says Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases. “According to a new study, risk taking tendencies can turn a man into a cheater, while relationship issues seem to be a big factor among women.”

According to Paoletti, regardless of gender, personality characteristics and interpersonal factors are a far better indicator of whether or not a person will cheat on their spouse or significant other. However, he says that, up until now, most studies focused on religion, marital status and education as indicators.

“It is not often that a study focusing on infidelity goes beyond exploring simple demographics,” says Paoletti, referring to a recent study conducted by researchers from Indiana University and published in the journal, Archives of Sexual Behavior. “What this study shows is that demographic variables may not influence the decision to cheat as much as previously thought. In fact, it suggests that personality matters more, especially in men.”

According to Paoletti, the study, involving 506 men and 412 women in monogamous relationships of three months to 43 years, found that men and women reported similar rates of infidelity (23 and 19 percent, respectively). However, he says that the factors associated with predicting unfaithfulness varied greatly based on gender.

“For men, personality variables played a huge role and included their arousal levels in certain situations and concern about sexual performance,” Paoletti said. “When it comes to women, happiness in the relationship is a key factor. The study found that women who are not satisfied with their relationship are twice as likely to cheat and those who feel sexually incompatible with their partners are three times as likely to cheat.”

Paoletti says that when you take the study at face value, it may seem like the researchers are stereotyping. Yet it proves that there are many variants and factors that behind someone’s decision to cheat.

“The bottom line is that sexual personality characteristics and relationship factors are strong predictors,” he concluded.

Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

Copyright 2011 dzine it, inc. web development company All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
]]> http://www.law-firm-news.com/index.php?entry=entry110803-151900 No Author Wed, 03 Aug 2011 19:19:00 GMT http://www.law-firm-news.com/index.php?entry=entry110725-130017
There is a wide spectrum of birth injuries that can range from the mild to the severe. A birth injury may simply cause minor bruising or can be severe enough to cause nerve or brain damage.

While most birth injuries are not the result of medical malpractice, a personal injury lawyer can help you investigate whether or not a lawsuit is warranted.

Common traumatic birth injuries may include:

Bruising or Forceps Marks: It is not uncommon for a baby to suffer bruising on the face or head from passing though the mother’s birth canal. If forceps are used during the delivery, they can leave marks on the baby's head, but are usually temporary. Other forms of extraction, such as vacuum extractions, may also cause bruising. In extreme cases, a child may suffer a skull fracture.

Subconjunctival Hemorrhage: Also a common birth injury, a subconjunctival hemorrhage typically results in a bright red band appearing around the iris of either one or, in some case, both of the infant’s eyes. Typically, this condition does not cause damage to the eyes and disappears within ten days.

Caput Succedaneum: This severe swelling of the scalp usually occurs as a result of a vacuum extraction. However, the condition is not usually serious and swelling typically disappears within a few days.

Cephalohematoma: This condition refers to bleeding between the infant’s bone and its fibrous covering, usually on the infant’s head. Although this condition usually resolves itself within three months, it can cause jaundice.

Facial Paralysis: The use of forceps or simply the pressure on an infant’s face during birth can cause injury to the facial nerves. In mild cases, the paralysis goes away within weeks. If the nerve damage is severe, surgery may be necessary.

Brachial Palsy, Erb's Palsy and Klumpke's Palsy: These conditions occur when the nerves that control the movement of the baby’s arms and hands are injured and is usually the result of the baby's shoulders being impaired during passage through the birth canal. Mild cases will cause bruising and recovery usually takes a few months. In severe cases, permanent nerve damage can occur, resulting in the need for physical therapy and surgery.

Fractured Bones: The most common bone fracture related to birth is a collar bone fracture, which usually occurs during a breech delivery. A baby can recover quickly if the once is properly immobilized.

Brain Injuries: When there are complications during birth, oxygen deprivation is common as a result of blood loss or the compression of the umbilical cord. It is prolonged oxygen deprivation that can cause brain damage, result in long-term seizures, cerebral palsy, or mental deficiencies.

Common Causes of Birth Injuries

Most injuries will occur during a difficult delivery affected by:
• The baby's size: Birth injuries are more likely when a child has a high weight or is premature.
• Cephalopelvic Disproportion: This refers to the size and shape of a mother's pelvis being inadequate for the child to be delivered vaginally.
• Difficult labor: A prolonged labor or deliver can result in injury.
• The baby's position: Breech births, where the child's legs are presented first, are more likely to result in injury.

Medical Malpractice

Medical errors can result in birth injuries or increase their severity.

Actionable errors may include:

• Failure to anticipate birth complications.
• Failure to appropriately respond to bleeding.
• Failure to respond to umbilical cord problems.
• Failure to respond to fetal distress.
• Delay in ordering cesarean section.
• Misuse of forceps or misuse of the vacuum extractor.
• Inappropriate administration of drugs.

Injuries can also occur as a result of poor care following the birth, such as mistakes made during circumcision or failure to properly treat an infection.

In evaluating a possible claim, a malpractice attorney will review all of the baby's medical records, including those associated with the birth and neonatal care, and may suggest that they be reviewed by a physician or other expert.

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]]> http://www.law-firm-news.com/index.php?entry=entry110725-130017 No Author Mon, 25 Jul 2011 17:00:17 GMT http://www.law-firm-news.com/index.php?entry=entry110711-094905 serious criminal charges, it is in your best interest to have an experienced criminal defense attorney on your side and you should never represent yourself. Unfortunately, our legal system is set up in such a way that it is near impossible to defend yourself against criminal charges on your own.

So, what can you expect from your criminal defense lawyer?

Aside from the obvious, such as calling witnesses to your defense and cross-examining the prosecutor’s witness, a criminal defense attorney can do a whole lot more, including:

• Work to negotiate a plea bargain which can reduce your sentence or eliminate some of the charges.

• Explain the pros and cons of any plea deal that may be offered.

• Help negotiate a sentence that can keep you out of the justice system for good.

• Help you navigate through the stress of a criminal trial.

• Advise you of the important legal rules that can help you successfully beat the charges against you.

• Gather evidence and statements from potential prosecutorial witnesses.

• Hire an investigator and expert witnesses to help your case.

Much of the work that is done by a seasoned criminal defense attorney cannot be handled by defendants trying to represent themselves. That’s why, when faced with criminal charges, it is best to hire an experienced criminal defense attorney.

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]]> http://www.law-firm-news.com/index.php?entry=entry110711-094905 No Author Mon, 11 Jul 2011 13:49:05 GMT http://www.law-firm-news.com/index.php?entry=entry110705-134923 private investigator offers advice on how to catch a cheating spouse by watching his or her online activity.

According to Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases, there are more than 600 million people on Facebook and more than 50% of them are logged on for nearly an hour on any given day.

“When you add to that the fact that more than 116 million people visit online dating sites each month,” Paoletti says, “it becomes apparent that the Internet is like one big digital playground, with lots of unhappily married men and woman out there on the prowl.”

So how do you know if your spouse or lover is cheating online?

Paoletti offers five ways to tell if he or she is involved with someone else using the digital playground known as the Internet:

1. Your significant other frequently logs on to Facebook or other social media websites and spends hours “chatting” with friends.

2. Your significant other spends much of their free time texting and leaves the room to respond to alerts from their phone.

3. You met your significant other online, but for some reason, your significant other has not yet removed his or her online dating profile, even though you are a couple. Also, don’t forget to check and see if their online dating profile shows recent login activity. If so, this should be a red flag.

4. Your significant other frequently changes plans at the last minute because of “work commitments” or because they are suddenly not feeling well.

5. You used to share a computer, but now your lover has his or her own computer and it is never left open for viewing, passwords are private, and it is always locked up while not in use.
“It is important to remember that everyone, no matter how careful they think they are, creates a digital record of online activities through blog posts, comments, tweets, Facebook updates and photos,” says Paoletti. “It doesn’t always take a private investigator to catch a cheating spouse. However, if you think you’ve found the proof, it may be a wise idea to hire one to confirm it.”
Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

Copyright 2011 dzine it, inc. website marketing All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
]]> http://www.law-firm-news.com/index.php?entry=entry110705-134923 No Author Tue, 05 Jul 2011 17:49:23 GMT http://www.law-firm-news.com/index.php?entry=entry110620-114937
The following are examples of privilege when it comes to an assault or battery charge:

Consent
If a defendant had the plaintiff's consent to commit an act of assault or battery, the plaintiff may not later bring a lawsuit. The most typical context for consent occurs in sports, such as intentional fouls in basketball, or tackles in football, because they are an anticipated part of the game.

Police Conduct
A police officer is privileged to apply the threat of force or, if necessary, actual force, in order to make an arrest. A defendant who suffers injury as the result of reasonable force exerted by the police will not be able to sustain a lawsuit against the arresting officers for assault or battery.

Self-Defense
A person who is assaulted may use necessary and reasonable force to protect him or herself from bodily harm. An act of self-defense must ordinarily be proportionate to the threat. For example, if you believe a person is going to spit on you, depending upon the context, it may be reasonable to push the person away.

Defense of Others
Defense of others is quite similar to self-defense, and usually occurs in the context of one family member protecting another.

Voluntary or Mutual Combat
When a plaintiff voluntarily engages in a fight with a defendant for the sake of fighting, and not as a means of self-defense, the plaintiff may not press charges for an assault or battery, unless the defendant beat the plaintiff excessively or used unreasonable force. If two people voluntarily enter a brawl, it is unlikely that either will be able to sue the other, unless extenuating circumstances exist.

Defense of Property
Most states allow for the use of some amount of threat or force by a person who is seeking to protect his or her property from theft or damage. In most jurisdictions, there is no privilege to use force that may cause death or serious injury against trespassers, unless the trespass itself threatens death or serious injury.

Discipline
There are some people that are legally authorized to apply physical restraint or battery in order to discipline others. For example, parents are legally authorized to apply reasonable physical discipline upon their children and even school teachers, in some states, are permitted to apply a certain level of physical restraint or discipline against students.

Merchant's Privilege
Most states allow merchants the right to apply reasonable force to detain shoplifters, or other persons who the merchant reasonably believes are attempting to steal the merchant's property.

]]> http://www.law-firm-news.com/index.php?entry=entry110620-114937 No Author Mon, 20 Jun 2011 15:49:37 GMT http://www.law-firm-news.com/index.php?entry=entry110606-121807
Plea bargains are quite common and are an effective tool used to ensure that the justice system runs smoothly. If every case were to go to trial, for example, the courts would be so overloaded that they would effectively be shut down. Plea bargains allow the prosecutor to obtain guilty pleas in cases that might otherwise go to trial, alleviating the pressure on the justice system.

There are typically two types of plea bargains.

• Charge Bargain

A "charge bargain" occurs when the prosecutor allows the defendant to plead guilty to a lesser offense than he or she was originally charged with, or to only some of the charges that have been filed, when multiple charges are involved.

For example, a defendant that has been charged with “armed robbery” may be offered the opportunity to plead guilty to "attempted armed robbery," and a defendant charged with DWI and “unlicensed operation of a motor vehicle” may be offered the opportunity to plead guilty to the drunken driving charge alone.

• Sentence Bargain

A "sentence bargain" is one where a defendant is told, in advance, what his punishment will be if he pleads guilty. This helps a prosecutor obtain a conviction if a defendant is facing serious charges and is afraid of being given the maximum sentence.

Typically, sentence bargains must be approved by the judge and many jurisdictions limit sentence bargaining. Sentence bargaining is often used in high profile cases, where the prosecutor does not want to reduce the charges against the defendant.

A plea bargain is a contract between the prosecutor and the defendant, and both parties are required to comply with its terms. If your plea bargain requires you to perform particular tasks (such as pleading guilty on a particular date, cooperating in an investigation, or testifying against a co-defendant), the prosecutor may revoke the plea bargain if you fail to meet those terms.

On the other hand, if the prosecutor breaks a deal with a defendant, the defendant may seek to have the plea set aside, or seek a court order requiring the prosecutor to respect the plea bargain.

Defendants should make sure that the plea deal is clearly stated on the record at the time of the plea. Sometimes, it will be reduced to writing and signed by the parties. It is usually adequate to reference the written plea agreement on the record, without reciting all of the terms.

To ensure that you are getting the best plea deal possible in your criminal defense case, it is important to hire a criminal defense attorney with experience in bargaining with prosecutors.

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]]> http://www.law-firm-news.com/index.php?entry=entry110606-121807 No Author Mon, 06 Jun 2011 16:18:07 GMT http://www.law-firm-news.com/index.php?entry=entry110604-130229
According to Frederick D. Paoletti, Jr., Founding Principal of the law firm of Paoletti & Gusmano (http://www.paolettilaw.net), a law firm with experience in defending Connecticut college students in criminal defense cases, some college students think that what happens on campus stays on campus, but that mantra does not hold true when it comes to criminal activities.

“If charged with and convicted of a state or federal crime, college students face serious legal consequences that negatively impact their future,” says Paoletti. “While college students are intelligent enough to handle many real-world situations, they need the help and support of their parents, as well as an experienced criminal defense attorney, to minimize the impact of criminal charges.”

According to Paoletti, some of the most common crimes that college students face include drug possession, dealing drugs, drunk driving, assault, underage drinking, trespassing and fake IDs. The two most common, unfortunately, are sexual assault and theft.

“For college students, the consequences of criminal charges and convictions can be long-lasting and life-altering,” Paoletti notes. “Aside from the obvious legal fees, fines, jail time and/or probation, students also run the risk of losing their financial aid and scholarship eligibility.”
He notes that in some cases, suspension or expulsion from school may occur following a serious criminal act and, if a criminal conviction goes on a student's permanent record, it could also impact future education and job opportunities.

“Most students cannot afford to hire their own criminal defense attorneys, nor can they manage their criminal defense without legal help,” says Paoletti. “As a result, college students that are charged with a crime need both financial and emotional support from their parents.”
More importantly, if a student is the resident of another state, Paoletti says that they need the help of a defense attorney familiar with Connecticut criminal law.

“Connecticut college students that have been charged with a crime should consult an experienced Connecticut criminal defense attorney immediately,” Paoletti says. “There is no substitute for an aggressive attorney versed in Connecticut criminal law on the student's side, especially when prosecutors seek the maximum penalty.”

Established in 1990, the law firm of Paoletti & Gusmano, (http://www.paolettilaw.net), located at 3301 Main Street, Bridgeport, Connecticut, 06606, specializes in Connecticut criminal defense law and Connecticut personal injury law. Paoletti & Gusmano Attorneys at Law assist clients throughout Connecticut, including cities in Fairfield and New Haven counties such as Bridgeport, Danbury, Darien, Easton, Fairfield, Greenwich, New Canaan, New Fairfield, Newtown, Redding, Shelton, Sherman, Stratford, Weston, Westport, Wilton, Beacon Falls, Branford, Cheshire, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven, North Branford, Prospect, Seymour, Wallingford, Waterbury, and Woodbridge. For more information and a free consultation call (203) 371-1000.

Copyright 2011 dzine it, inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
]]> http://www.law-firm-news.com/index.php?entry=entry110604-130229 No Author Sat, 04 Jun 2011 17:02:29 GMT http://www.law-firm-news.com/index.php?entry=entry110602-110729
“There is a common misconception that men are more likely to cheat than women,” says Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases. “The fact is, however, most psychologists agree that cheating has little to do with gender, and more to do with power.”

In fact, Paoletti says that powerful women are just as likely to cheat as men. Paoletti and other private investigators use the latest technologies available, including hidden cameras, to catch cheating spouses.

“Similar to the stuff you see in spy movies, our firm has the tools necessary to catch cheaters,” says Paoletti. “Usually we work for women who are trying to catch their man in the act, but sometimes we go undercover to catch a cheating wife.”

According to Paoletti, his firm has caught plenty of women in the act and he has found that many women who cheat tend to be risk takers with very healthy egos.

“Personality plays a big role too,” he explains. “Narcissistic personalities of either sex are more likely to cheat or take advantage of their subordinates.”

Power, he explains, often gives way to a grandiose sense of entitlement. In fact, many cheaters, women included, believe that they can get away with cheating by exploiting anyone, including a spouse, to pursue their deepest desires.

“So many men that find themselves the victim of cheating spouse feel very alone,” says Paoletti. “They’re not alone, however. You would be surprised how many women commit the offense.”

It is estimated that as many as 60 percent of married individuals will engage in infidelity at some point during their marriage, according to Paoletti, contributing to the fact that nearly half of all marriages end in divorce.

Established in 2001,Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

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]]> http://www.law-firm-news.com/index.php?entry=entry110602-110729 No Author Thu, 02 Jun 2011 15:07:29 GMT http://www.law-firm-news.com/index.php?entry=entry110519-184839
Unfortunately, false accusations and even convictions are quite common.

For anyone falsely accused of a crime, it is crucial to seek the services of a qualified and experienced criminal defense attorney as soon as possible. It is important to find an attorney with experience in representing those who have been accused of similar offenses. A criminal defense attorney will be able to evaluate your case to determine the best way to protect and maximize your legal interests. While having a criminal defense attorney on your site is a must, there are certain things you can do right now to start protecting yourself.

Understand the Importance of the Charges Against You

If you have been accused of a criminal offense, the consequences can be quite serious. For most people who are falsely accused, there is a period of denial about the magnitude of the charges. Just because you know that you didn’t do anything wrong, charges should never be taken lightly.

Prepare for the Cost of Your Defense

When you are falsely accused of a serious crime, such as rape, sexual abuse, or domestic violence, there is a good chance you will face criminal charges that carry a high risk of conviction. Building a strong defense will take time and money.

Document Your Case

Writing down as many details as possible about the case against you can be extremely helpful. Track any events or information related to the false accusations, with as much detail as possible. If you are not sure if some piece of information is relevant, document it anyway. Your attorney will determine its importance.

Educate Yourself

It is impossible to defend yourself if you don't understand what is happening. While your defense attorney will handle the legal particulars of your case, it is important that you learn about the allegations against you.

Compile a List of Possible Witnesses

As a defendant, you have the legal right to gather witnesses in your defense. Therefore, it is important to sit down and make a list of potential witnesses. If you are not sure if a person will make a good witness or think they may be a bad witness, write them down too, noting these things. Your criminal defense attorney will decide which witnesses will bolster your case.

Know Your Rights

When questioned by the police, you do not have to say anything. If you are not being arrested, you are free to leave a place of questioning in most cases. If you are arrested, you still do not have to say anything beyond providing your name, address, and birthday. Explaining yourself will not improve your situation. Leave the explanations for later.

These are just a few of the ways to better your chances for successfully defending yourself when you have been falsely accused of a crime.

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]]> http://www.law-firm-news.com/index.php?entry=entry110519-184839 No Author Thu, 19 May 2011 22:48:39 GMT http://www.law-firm-news.com/index.php?entry=entry110508-123820
Seek Medical Care

If you believe you may have suffered a brain injury, seek treatment as soon as possible and report any symptoms that might suggest a brain trauma or blow to the head, including bruising, headaches, loss of memory, dizziness, ringing in the ears, bleeding or seepage of fluid in the ear canal, or any other suspicious symptoms.

Causes of Injury

Traumatic brain injury (TBI) can arise from a variety of causes, with the most common being a direct blow to the head. However, a brain injury can also occur when the brain collides with the inside of the skull. TBI can result from violent shaking, a loss of oxygen to the brain, poisoning, or infection.

Signs and Symptoms

Serious brain injuries are usually apparent at the time of injury. However, mild traumatic brain injury (MTBI) is less likely to be diagnosed. Symptoms of MTBI include:

• Loss of consciousness.
• Loss of memory.
• Alteration in mental state.
• Focal neurological deficits.

In many MTBI cases, the person seems fine on the surface, yet continues to endure chronic functional problems that may include post-concussion syndrome (PCS), as well as significant changes in their personality and cognitive abilities.

Physical State

Symptoms can affect strength, endurance, balance, coordination, fine motor skills, tinnitus, visual blurring or double vision. An injured person may also suffer severe headaches or seizures as a result of TBI.

Psychological State

A variety of psychological effects can result from a brain injury, including change of personality, loss of impulse control, decreased judgment and depression.

Mental Functioning

Cognitive symptoms can include speech difficulties, memory loss, problems processing information, disorientation, frustration, anger, and loss of perceptual skills.

Conclusion

If you have been diagnosed with a brain injury, you should consult with physicians and psychologists who specialize in brain injury cases. In some cases, vocational therapy will be appropriate. Medications should be chosen with care, to avoid dependence issues.

Also, if you believe that you or a member of your family has suffered a brain injury, seek appropriate medical treatment and, if you believe that somebody may be legally responsible for the injury, consult an attorney who is experienced with brain injuries to help you determine if you should file a lawsuit.

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]]> http://www.law-firm-news.com/index.php?entry=entry110508-123820 No Author Sun, 08 May 2011 16:38:20 GMT http://www.law-firm-news.com/index.php?entry=entry110504-134421 Leading [Connecticut personal injury lawyer says that, in some cases, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person's death.

“In a wrongful death case, the estate of a deceased individual is authorized to file a lawsuit against those responsible for that person's death,” says Frederick D. Paoletti, Jr., Founding Principal of the law firm of Paoletti & Gusmano (http://www.paolettilaw.net), a law firm with experience in handling Connecticut personal injury and wrongful death lawsuits. “In such cases, liability may arise for both negligent and intentional acts.”

The allocation of damages among heirs is typically governed by statute and is usually subject to court oversight. Courts may look to the laws of intestate succession in relation to how damages should be distributed. However, Paoletti says that the courts are free to approve distributions which award damages to certain family members who would not otherwise be legal heirs of the estate.

“One unfortunate aspect of wrongful death cases is that sometimes relatives will fight to control the personal representative of the estate, since they select the attorney and have greater influence over the distribution of any damage awards,” says Paoletti. “It can often be quite unpleasant when families become more concerned about how to divide the award, than they are with the fact that they lost a loved one.”

Paoletti says that the damages typically awarded in a wrongful death case may include:

• Medical, hospital, funeral and burial expenses.

• Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;

• Losses suffered by the decedent's spouse, children, or next of kin, including:
Loss of financial support.
Loss of service.
Loss of gifts or other valuable gratuities.
Loss of parental training and guidance.
Loss of society and companionship.

Established in 1990, the law firm of Paoletti & Gusmano, (http://www.paolettilaw.net), located at 3301 Main Street, Bridgeport, Connecticut, 06606, specializes in ]Connecticut criminal defense law and Connecticut personal injury law. Paoletti & Gusmano Attorneys at Law assist clients throughout Connecticut, including cities in Fairfield and New Haven counties such as Bridgeport, Danbury, Darien, Easton, Fairfield, Greenwich, New Canaan, New Fairfield, Newtown, Redding, Shelton, Sherman, Stratford, Weston, Westport, Wilton, Beacon Falls, Branford, Cheshire, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven, North Branford, Prospect, Seymour, Wallingford, Waterbury, and Woodbridge. For more information and a free consultation call (203) 371-1000.


]]> http://www.law-firm-news.com/index.php?entry=entry110504-134421 No Author Wed, 04 May 2011 17:44:21 GMT http://www.law-firm-news.com/index.php?entry=entry110501-185418 private investigator says that a recent study shows that the rate of infidelity remains steady at 20 percent.

According to Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases, the percentage of people who cheat on their spouses, from a statistical standpoint, has not changed much in the past two decades.

“A recent study conducted by the University of Virginia shows that the rate of infidelity remains steady at twenty percent,” says Paoletti. “Although the rate of infidelity has not changed much in the last two decades, technology has changed dramatically.”

Whether or not a person has an affair commonly depends on two factors, according to Paoletti. Those factors, he says, are opportunity and convenience.

“Because of the popularity of the Internet and the availability of disposable cell phones, people now have the opportunity to meet and connect with many potential partners discreetly,” says Paoletti, “even from the comfort of their own home, right under the nose of their spouse.”

Here are some signs to look for, if you think that your partner may be cheating:

Your spouse suddenly has an interest in looking good. If your partner is spending more time on his or her appearance, that new haircut, those new clothes or that skimpy lingerie may not be for you.

Your spouse pulls the disappearing act. If your spouse is spending longer hours at work or has unexplained meetings, long lunches and unexpected business trips, a red flag should be raised. Be aware of any social or work event that doesn't include you.

Your spouse has cell phone secrets. While some cheaters are sneaky and use a second cell phone, some don’t. If you notice an increase in phone activity, many calls from a strange number or at odd hours, or even if your spouse leaves the room to take a call, there might be more than a whole lot of texting going on.

Your spouse spends more time online. If your spouse spends most of his or her time at home on the computer chatting with “friends” and is overly concerned about computer privacy, it could be indicative of an affair.

Your spouse exhibits strange behavior. Cheating spouses often start behaving differently at home. Look for signs of impatience, defensiveness, distance and intimacy avoidance. Spouses have been known to do the opposite when cheating, however, suddenly acting on their best behavior and becoming more passionate.

“Any inexplicable changes that seem out of character should be considered a signal” says Paoletti. “If you want to find the truth, consider hiring a private investigator.”

Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

Copyright 2011 dzine it, inc. internet marketing firm All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
]]> http://www.law-firm-news.com/index.php?entry=entry110501-185418 No Author Sun, 01 May 2011 22:54:18 GMT http://www.law-firm-news.com/index.php?entry=entry110421-150910
Even if your driving is perfect, and you are driving under the influence of alcohol, you can be arrested. Many people charged with driving drunk often argue that they were driving fine. They believe that either the officer made up an excuse to pull them over, or that the "mistake" that the officer observed was appropriate or had nothing to do with their driving.
The bottom line, however, is that if your blood alcohol content exceeds the legal limit, you can be charged and convicted, even if you do not feel that you are in any way affected by the alcohol you consumed.

If the officer that pulled you over believes that you may be intoxicated based on signs of slurred speech, glassy or bloodshot eyes, poor balance, lack of coordination and difficulty comprehending instructions, he may investigate further.

Generally speaking, it is really not a good idea for a person to represent themselves against a drunken driving charge, or any criminal charge for that matter.

Drunk driving is not a minor offense. In fact, it is one of the most complicated criminal charges for prosecutors to bring. This is why it is always best for anyone arrested for drunk driving to hire a defense attorney. There are many technical defenses that a defense attorney may be able to raise in order to assist a defendant in either avoiding a conviction, negotiating a lesser charge, or in reducing the consequences of conviction.

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]]> http://www.law-firm-news.com/index.php?entry=entry110421-150910 No Author Thu, 21 Apr 2011 19:09:10 GMT http://www.law-firm-news.com/index.php?entry=entry110408-154559
Rental housing properties are being successfully sued at an alarming rate for inadequate security claims. In most cases, landlords and property managers lost such cases because they could not convince a jury that they had a reasonable security plan in place at the time of a criminal attack. The most common claim against landlords are allegations of defective locks as contributing factors in the perpetrator’s ability to carry out the attack.

In an effort to combat this trend, landlords should consider the following:

Doors and Locks

In order to prove that you, as a landlord, acted reasonably and had a system in place to protect residents, you need to show documentation. This means that you should inspect the security of your unit before you rent it and at turnover.

Walk through the unit with both the incoming resident and outgoing resident, inspecting and testing each locking device. Document the inspection and ask the resident to sign off on each locking device.

Locking and latching devices only go so far, however. The most common way to force entry through a door with a wooden frame is to kick it open. To ensure the utmost safety, landlords should:

• Use a solid core doors at all entrance points that fit tightly into the door frame.
• Use a quality deadbolt lock with a one-inch throw bolt, as well as a heavy-duty strike plate with 3-inch screws.
• Use a wide-angle 180° peephole mounted no higher than 60-inches.
• Require that residents report, in writing, any lock defects immediately.

Sliding Glass Doors

Sliding glass doors are often used for entry by criminals because they are notorious for failing to prevent forced entry attempts. Sliding glass doors do not typically have locks on them. Instead, they usually have latches made of aluminum and can become worn.

To protect yourself and your tenants, consider the following:

• Use a secondary blocking device on all sliding glass doors.
• Regularly inspect and keep the latch mechanism properly adjusted.
• Regularly inspect and keep sliding door rollers in good condition.
• Install anti-lift devices, such as through-the-door pins.
• Use visible alarm decals and “beware of dog” decals, if applicable.

Windows

Windows are often left unlocked and opened by tenants and ground floor windows are more susceptible to break-ins for obvious reasons. However, even upper floor windows can be attractive to criminals if they can be accessed from a stairway, tree, fence, or balcony. Like sliding glass doors, windows have latches instead of locks, so many of the same precautions should be taken.

Consider the following:

• Secure all accessible windows with secondary blocking devices.
• Use anti-lift devices to prevent the window from being lifted out.
• Use visible alarm decals and “beware of dog” decals, if applicable.

Key Control

Believe it or not, many criminals gain entry into rental units using back-up keys.

On most properties, the resident cannot replace the deadbolt on their door unless management is given an extra key. By doing this, the property manager assumes the responsibility of key control. By definition, key control requires restriction and documentation of those who use back-up and master keys.

Consider the following steps for better key control and resident security:

• Re-key or replace the unit door locks at turnover.
• Eliminate or limit the use of master keys.
• Keep all back-up keys in a locked key box.
• Never put unit numbers on keys and keep key lists and key boxes separate.
• Keep key cutting machine and blank keys in a secure location.
• Always lock the room that houses the key box and set the office burglar alarm after hours.

It is impossible to keep your tenants safe from harm at the hands of a criminal in all cases, but by taking and documenting these steps, you have a better chance of protecting them, as well as protecting yourself from any responsibility, in the event of a crime.

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]]> http://www.law-firm-news.com/index.php?entry=entry110408-154559 No Author Fri, 08 Apr 2011 19:45:59 GMT http://www.law-firm-news.com/index.php?entry=entry110405-130513
According to Frederick D. Paoletti, Jr., Founding Principal of the law firm of Paoletti & Gusmano (http://www.paolettilaw.net), a law firm with experience in handling Connecticut personal injury and wrongful death lawsuits, dog bites can have serious consequences, including permanent disfigurement and psychological trauma. In extreme cases, he says, they may result in death.

“There are a number of steps that must be taken when an individual suffers an injury because of a dog bite or attack,” says Paoletti.
He offers the following checklist:

• Attempt to identify the dog. It is imperative that you find the dog that cause the injury because dog may have rabies and the victim may need to receive certain vaccines.

• Never argue with the dog’s owner. Many dog owners won't believe that their dog would bite at all, unless severely provoked. Arguing will only make matters worse.

• Don't sign papers or make any statements. A dog owner, property owner, or insurance company will likely try to get the victim to make a statement regarding the incident, either in writing or on tape. Consult an attorney before making any statements.

• File a police report. Let the police investigate the circumstances of the incident and file a report to establish what happened.

• Seek medical care. Dog bites can become easily infected or cause other long-term damage. If you have been injured by a dog, seek medical help immediately.

• Consult a Lawyer. A personal injury lawyer can help you get the compensation you are entitled to receive for financial losses as well as for pain and suffering. Even if an insurance company offers to write you a check, it helps to have a lawyer review the proposed settlement. Insurance companies are notorious for making low settlement offers to unrepresented individuals

Established in 1990, the law firm of Paoletti & Gusmano, (http://www.paolettilaw.net), located at 3301 Main Street, Bridgeport, Connecticut, 06606, specializes in Connecticut criminal defense law and Connecticut personal injury law. Paoletti & Gusmano Attorneys at Law assist clients throughout Connecticut, including cities in Fairfield and New Haven counties such as Bridgeport, Danbury, Darien, Easton, Fairfield, Greenwich, New Canaan, New Fairfield, Newtown, Redding, Shelton, Sherman, Stratford, Weston, Westport, Wilton, Beacon Falls, Branford, Cheshire, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven, North Branford, Prospect, Seymour, Wallingford, Waterbury, and Woodbridge. For more information and a free consultation call (203) 371-1000.

Copyright 2011 dzine it, inc.website marketing for law industry All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
]]> http://www.law-firm-news.com/index.php?entry=entry110405-130513 No Author Tue, 05 Apr 2011 17:05:13 GMT http://www.law-firm-news.com/index.php?entry=entry110403-082930
“Obviously, much of our business comes from women who suspect that their husband or significant other is cheating on them,” says Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases. “However, we recognize that infidelity ruins lives, especially when there are kids involved, so we’re offering up some tips on how to prevent infidelity from ruining your happy home.”

Paoletti says that infidelity in any relationship can lead to hurt and can be devastating but he notes that, just because other men may be going outside their marriage, it does not mean that your husband will do the same thing. Even though the news is filled with gossip about cheaters, Paoletti says it is important to keep in mind that there are a lot of spouses who never cheat.

“Couples must realize that even though they are married, it does not mean that they won’t be attracted to other people,” says Paoletti. “What is important is how the attractions are dealt with and knowing what can be done to prevent infidelity from occurring.”

Paoletti explains that he has seen countless women who have gone through the heartache of a cheating spouse and has learned that the key to prevention is to see and address any potential marital problems before infidelity creeps in.

Here are some steps that Paoletti says couples can take to prevent infidelity from becoming a problem in their marriage:

Make your marriage a priority. Sometimes children, careers and household chores can take precedence over the relationship. It is important to make time for each other in order to nurture the marriage.

Set boundaries. Some people are naturally friendly, but this can send the wrong message to others. Setting boundaries will help keep others out.
Focus on love. The relationship you and your spouse have must be built on kindness and support. This will ensure that your love continues to grow, so that you won’t end up taking your spouse for granted.

Maintain a good sex life. Sex does not only refer to a physical act, but to affection and romance as well. Learn your partner’s idea of affection and help your spouse understand what romance means to you.

Maintain Communication. Couples must discuss their feelings, thoughts and beliefs openly. When communicating, keep an open mind and don’t judge each other.

“Maintaining a happy and healthy marriage takes a lot work on the part of both spouses,” says Paoletti. “It is important to remember that it is never too late to begin working toward an affair-proof marriage.”

Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

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]]> http://www.law-firm-news.com/index.php?entry=entry110403-082930 No Author Sun, 03 Apr 2011 12:29:30 GMT http://www.law-firm-news.com/index.php?entry=entry110324-095336
Stay At the Scene

If you are involved in an automobile accident that involves injury or damage to property, stay at the scene until the police tell you that you can leave. Leaving the scene of an accident can result in driver's license sanctions and even criminal charges.

Safeguard the Injured

If someone is injured and you are trained in first aid, try to help. Do not move an injured person. Make sure that the police are called and that they know there are injured parties involved. If you are on the road, turn your flashers on or use flares to warn approaching traffic.

Obtain Information

In the event of an accident, the following information should be obtained:

• Driver information: including the name, address, driver's license number, insurance information, and license plate number of other vehicles involved.

• Witness information: including the name, address, and telephone number of all witnesses.

• Police information: including the police officer's name, as well as an incident number, so that you can obtain an accident report at a later date.

• Location information: including notes on where the accident occurred, road conditions, speed limits, traffic control devices, weather conditions, and lighting.

• Accident information: including notes about how the accident occurred, the direction of travel of the vehicles involved in the accident, and what the cars were doing at the time of the accident.

Never Admit Fault

Even if you think you are at fault, there may be factors which you don't know that could have played a role in the accident and it may turn out that the other driver was truly at fault. Never make statements to anybody at the accident scene, except for the police and tell them only the facts of what happened.

Seek Medical Care

Even if you think that you have not been injured, the adrenaline rush from the accident can mask your symptoms and a physical examination may reveal an injury that you do not yet feel. This is why you must seek medical care.

Be sure to speak up if you experience a loss of memory, headache, blood or fluid in your ear, dizziness, ringing in the ears, disorientation, nausea, confusion, or any other unusual feelings.

The most important thing to keep in mind is that if there is a chance that you will be involved in personal injury litigation arising from the accident, you must consult a personal injury lawyer.

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]]> http://www.law-firm-news.com/index.php?entry=entry110324-095336 No Author Thu, 24 Mar 2011 13:53:36 GMT http://www.law-firm-news.com/index.php?entry=entry110303-104650
Assault and battery are classified as intentional torts, meaning that the defendant had an intent to create a fear of battery or had an intent to wrongfully touch the plaintiff, even if the touching did not inflict any harm.

Assault
An assault involves the following characteristics:
- An intentional, unlawful threat to cause bodily injury.
- A circumstance which creates a fear of imminent peril.
- The ability to carry out the act.

An assault can occur even if there is no physical contact and even if the defendant had no ability to carry out the threat. Someone who points a realistic toy gun at someone can be liable for assault, for example.

Battery
Battery refers to the willful or intentional touching of a person against their will. It can also refer to an object or substance touching another person. Offensive touching can constitute a battery even if it does not cause injury or could not reasonably be expected to cause injury. A defendant who pokes a plaintiff in the chest with his index finger to emphasize a point may be culpable for battery. Similarly, someone who has spat upon another person, even if there is no chance that the spitting will cause any injury, has committed a battery.

Privilege
In order for a person to be liable for an assault or battery, the defendant must lack what is known as the “privilege” to commit such offenses.

Examples of privilege include:
- Consent. The most common form of consensual assault and battery usually occurs during the course of a sporting event or during authorized medical procedures.

- Police Conduct. A police officer may apply the threat of force or actual force, in order to execute a lawful arrest.

- Self-Defense. Anyone that is assaulted may use reasonable force to protect themselves from bodily harm.

- Defense of Others. Similar to self-defense, defense of others typically occurs in the context of one family member protecting another.

- Voluntary or Mutual Combat. When two people voluntarily engage in a fight for the sake of fighting and not as a means of self-defense, assault and battery does not come into play unless
one party used excessive or unreasonable force.

- Defense of Property. Usually, some amount of threat or force by a person who is seeking to protect his or her property from theft or damage constitutes a privilege.

- Discipline. Certain persons, such as parents, are legally authorized to apply physical restraint or battery in order to discipline others.

- Merchant's Privilege. In many cases, merchants have a right to apply reasonable force to detain shoplifters, or other persons that the merchant reasonably believes are attempting to steal the merchant's property.

There is a misconception that assault and battery is always straightforward. While there may be some nuances or differences in the law between jurisdictions and states, most of the information contained in this article is universal.

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]]> http://www.law-firm-news.com/index.php?entry=entry110303-104650 No Author Thu, 03 Mar 2011 15:46:50 GMT http://www.law-firm-news.com/index.php?entry=entry110301-161019 private investigator says that a recent study found that the current state of the economy is helping to keep cheaters from cheating and curbed love affairs this past Valentine’s Day.

According to Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases, a new study released by the University of Virginia, in partnership with the National Marriage Project, shows that the recession may actually be helping couples stay together, even through stressful financial difficulties.

“Although it has been commonly thought that financial stress can weaken a marriage, this survey of nearly 2,000 married Americans between the ages of 18 and 45, found that nearly 30 percent of Americans believe that the most recent recession deepened their marriage commitment,” says Paoletti. “More importantly, 38 percent of couples surveyed, who had been considering divorce prior to the recession, stated that they had put those plans on hold.”

Paoletti says that in tough economic times, some couples spiral downward, while others show resilience and strength.

“The good news about cheating is that it has remained consistently low for the past 20 years and this year there seems to be a decline in cheating,” says Paoletti. “However, the reason for the decline may not be rooted in commitment, but rather in the fact that cheating can be very expensive.”

Paoletti says that this year, like the past three, the recession put a crimp on cheating husbands because they cannot afford to buy gifts for both their wives and their mistresses on Valentine’s Day. People just don't have the money to spend, he said.

Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.

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]]> http://www.law-firm-news.com/index.php?entry=entry110301-161019 No Author Tue, 01 Mar 2011 21:10:19 GMT http://www.law-firm-news.com/index.php?entry=entry110301-160542 Leading Connecticut criminal defense lawyer says that everyone should understand their Miranda rights.

According to Frederick D. Paoletti, Jr., Founding Principal of the law firm of Paoletti & Gusmano, (http://www.paolettilaw.net), a criminal defense law firm with experience in handling Connecticut criminal defense cases, the police must advise a suspect of his or her "Miranda Rights," which is the right to remain silent, the right to an attorney, and the right to an appointed attorney if they are unable to afford one on their own, prior to conducting a custodial interrogation. If a suspect is not under arrest, the police do not have to warn the suspect of his or her rights.

“Police officials know when a suspect’s Miranda Rights are to be read,” says Paoletti. “Often, the police will question a suspect, telling them that they are not under arrest and that they are free to go. However, if the suspect voluntarily answers questions at this point, and sometimes when the suspect refuses, he or she risks being arrested.”

Paoletti says that because the questioning in these incidents is voluntary and occurs when the suspect is not in custody, it is admissible in court.

“Once the arrest has been made, after voluntary answers have been given,” Paoletti says, “the police may have no interest in questioning the suspect further and, therefore, may never read the suspect his or her Miranda Rights."

Paoletti says that, in some cases, a suspect will make voluntary statements after the arrest has been made.

“The police do not have to warn a suspect against making voluntary statements, as long as they do not deliberately try to elicit those statements through statements or conduct of their own,” says Paoletti. “Spontaneous statements will almost always be admissible in court.”

When a person chooses to remain silent after receiving the Miranda warning, the silence cannot be used against that person in court. However, pre-Miranda silence can be, Paoletti says.

“If a person is arrested for murder, or told that he is a suspect, if that person is innocent, they will likely express disbelief or try to present an alibi,” Paoletti explains. “It would be unusual for a person to simply remain silent when he has been wrongfully charged with murder.”

Paoletti says that, no matter what, if an individual is arrested for a crime in Connecticut, it is imperative that they call a criminal defense attorney before making any statements to the police.

Established in 1990, the law firm of Paoletti & Gusmano, (http://www.paolettilaw.net), located at 3301 Main Street, Bridgeport, Connecticut, 06606, specializes in Connecticut criminal defense law and Connecticut personal injury law. Paoletti & Gusmano Attorneys at Law assist clients throughout Connecticut, including cities in Fairfield and New Haven counties such as Bridgeport, Danbury, Darien, Easton, Fairfield, Greenwich, New Canaan, New Fairfield, Newtown, Redding, Shelton, Sherman, Stratford, Weston, Westport, Wilton, Beacon Falls, Branford, Cheshire, East Haven, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Naugatuck, New Haven, North Branford, Prospect, Seymour, Wallingford, Waterbury, and Woodbridge. For more information and a free consultation call (203) 371-1000.

The hiring of a law firm is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented in this website should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Attorney Advertising

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]]> http://www.law-firm-news.com/index.php?entry=entry110301-160542 No Author Tue, 01 Mar 2011 21:05:42 GMT http://www.law-firm-news.com/index.php?entry=entry110225-134249
If you have been involved in a car accident, it is important to know the proper steps to follow after the incident and it is also important to consult a personal injury lawyer.

Causes of Car Accidents
There are many possible causes of a motor vehicle accident. Here is a list of the most common:

• Driver Error. This is perhaps the most common cause of motor vehicle accidents. Driver error may include failure to yield the right of way, following too closely, speeding, and unsafe passing, to name a few.

• Driver Distraction. When a driver's attention is diverted from the road, the risk of a motor vehicle accident increases. Common distractions include the use of mobile devices, car stereos, and even putting on makeup or reading while driving.

• Driving While Intoxicated. A driver who gets behind the wheel while under the influence of alcohol is at a greater risk of causing a car accident.

• Foul Weather. Poor weather conditions can contribute to an accident by interfering with visibility, road traction and other general hazards.

• Road Design/Road Maintenance. A roadway, intersection or traffic control device that has been poorly designed or improperly maintained may cause or contribute to a motor vehicle accident. Poorly placed or designed road signs and barriers have also been known to cause unnecessary injury.

• Vehicle Defects. A tire blowout, brake failure, or other mechanical failure can often be the cause of a car accident. Injuries suffered during a motor vehicle accident can also be made worse by a design defect, as well.

Litigation Following a Car Accident

Most automobile accident lawsuits involve two vehicles, with the driver of one vehicle claiming negligence on the part of the driver of the second vehicle. IN certain instances, litigation will involve the passenger of a single vehicle, with the passenger claiming injury as a result of driver negligence. However, litigation can be commenced against a governmental agency alleged to have failed to properly design or maintain a roadway or against the manufacturer of a vehicle or part of a vehicle. Lawsuits have even been filed against mechanics or service center whose work allegedly left a vehicle in a hazardous condition that resulted in a motor vehicle accident.

Not all car accidents result in litigation; in most instances all claims for medical care and property damage are resolved through the drivers' car insurance companies. However, the greater the extent of damage or personal injury, the more likely it is that a lawsuit will be filed.

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]]> http://www.law-firm-news.com/index.php?entry=entry110225-134249 No Author Fri, 25 Feb 2011 18:42:49 GMT