Friday, August 19, 2011

Criminal Defendants On Trial: Pre-Trial Court Appearances


Preparing for Court


Liberty is precious. The Declaration of Independence says, �We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.� Another word for liberty is freedom. The Court has given you freedom during the pretrial process by permitting you to bond out of jail. Freedom always comes at a price. In constitutional theory freedom always co-exists with its required correlative responsibility. We must live responsibly in order to remain living in freedom.Turn off your cell phone before you go inside the courthouse building. Don�t put it on pulse or vibrate and no text messaging.After Court Wrap-up� Women should wear pants, or knee-length skirts or dresses; appropriate neckline showing no cleavage.� Men should wear dress pants with a shirt and tie; preferably a suit or sport coat.While you are waiting for your case to be called, listen to the other cases that are called up to the Judge. Try to discern what is happening in their cases so you can gain greater insight into your own case. As you hear case after case being dealt with over several of your Court appearances, you will begin to accumulate great wisdom as to what is happening and what is expected.Here are some tips for your preparation for court. Dress conservatively in business attire. Cover up any visible tattoos.Be on time! Gauge your travel to the downtown area of your city. Give yourself sufficient time to park and to get through the long lines. You can prepare for the metal detectors by not wearing large jewelry or belt buckles. Wear airport friendly shoes. Leave all weapons at home or in the trunk of your car and that includes small pocket knives. Even metal nail files can cause an extra search and an unexpected delay.Take off your hat. Don�t chew gum. Stand up tall and look the Judge in the eye. Show the Judge that you are a responsible person worthy of your liberty. Answer the Judge with �Yes, your Honor,� or �No, your Honor.� Address the lawyers and courtroom workers with �Yes, Sir,� or �Yes, Ma�am,� or �No, Sir,� or �No, Ma�am.� Being respectful of the courtroom workers will help your case. You will stand out favorably in Court during your pre-trial appearances.Your lawyer knows that your case can be won or lost during the pre-trial stage. Notice the way he looks, his courtroom demeanor and his intense preparation during this time. Just as important to winning your case is the way you look, the way you act and the way you prepare for your pre-trial court appearances.Once your case has been called and is done for the day, get your paperwork. This may include a Court Order setting your next Court date. Wait in the hallway to talk to your lawyer. Listen to what the lawyer says and follow his advice. Keep your Court papers in a file with all of your case documents. Log the next Court date and time on your calendar and post it in a conspicuous place so you don�t forget it. All successful people keep a calendar. They check it each week to see what is coming up and determine to be prepared for that meeting before it occurs. They check it every morning to be certain their day is planned out methodically. They re-check it at night to be certain they accomplished everything for that day. Jot down some notes in your journal so you can later recall what the lawyer said and things that are important to remember.Figure it this way: out of 100 cases the judge may give 2 people his complete mercy; 2 people his complete wrath; the greatest majority will be churned through the mill and receive normal or average treatment. The position you want to be in is, �How do I get in that top 2% where the judge will treat my case with his complete mercy and give me the greatest result possible?�At the CourthouseLeave your purse, bag or backpack with someone when you are called to the podium. Stand right next to your lawyer but on the side away from where the prosecutor is standing. Otherwise, the Court Deputy will step in and make you move to protect the prosecutor from the possibility of an angry defendant.Be there on time to answer when your name is called. You might have to wait for your lawyer to arrive as he may be detained in another courtroom. It is normal for lawyers to have 2 or 3 hearings on the same day. The judge will wait for the lawyer; he won�t wait for you. If you are late you might have your bond revoked and then you will sit in jail until your case is over.It is time to get ready for court. Plan when you will get up, what you will wear and when you will leave to be there on time. Don�t do anything that might jeopardize your bond or lead to having it revoked. If you arrive late the Judge could issue a capias. A capias is a Court order to the Sheriff to go out and arrest you. This means that your bond could be revoked and you will be back in jail during the entire pre-trial stage of your case.If you had your driver license suspended as part of your case, then don�t drive to court. Take a bus or let someone else drive you. Often defendants are observed getting into the driver�s seat of their car after a �driving while license suspended� hearing. Don�t learn the hard way that the judge might instruct the court deputy to follow you.Get a good night�s rest so you will be awake and alert when you are in Court. Children are not allowed inside the courtroom. Make other arrangements for your children for that day. Bring your case journal with you so you can jot down notes of important items you will want to remember.Inside the Courtroom

Your lawyer knows that your case can be won or lost during the pre-trial stage. Notice the way he looks, his courtroom demeanor and his intense preparation during this time. Just as important to winning your case is the way you look, the way you act and the way you prepare for your pre-trial court appearances.




Author: Ira Still, Esquire


Wednesday, August 17, 2011

Outdoor Swings as More Than Just a Plaything For Children


You see them everywhere: in parks, playgrounds and often in your own backyard. Outdoor swings are an enjoyable and embedded part of American culture and a beloved activity among its youth. Did you know, though, that outdoor swings actually possess a number of health benefits in children that promote everything from therapy to development? Here are just a few reasons why you should consider getting your wee one swinging.


If you already own a swing set, you probably didn�t buy it with your children�s health in mind. If you don�t own one as of yet, you may want to consider one for the sake of your children. Isn�t it nice when that rare moment of serendipity occurs when you find something your child likes that�s also good for them?For many children confined to a wheelchair or other motor skill ailment, mobility is an issue. Saddened at not being able to play with their peer, a disabled child is much more likely to develop a case of childhood depression. Because people recognized the unfairness and damaging effects of this situation, researchers have made great advancements in specially designed outdoor swings that specifically cater to special needs kids. One such breakthrough is the patented Liberty Swing. This invention comes from Australia and gives children of all circumstances the freedom to be a kid. How it works is that the swing is actually an extra large box-shape connected by extra sturdy side railing to an overhead beam, much like a normal swing. The front of this box then is detachable and also folds down as a wheelchair ramp. The box itself comes with a popup seat to accommodate children not in a wheelchair. The unit is safe and fun and operates with the simple turn of a key.Outdoor swings also promote a number of positive physical, social and cognitive effects. For example, most often seen in parks and busy settings, swing sets promote social interaction. From a physical standpoint, swinging promotes general fitness alongside children�s everyday play. As far as cognitive benefits, outdoor swings tend to help with movement and perceptual skills, along with spatial awareness, mental representation and sensory integration including learning to balance.DisabilitiesA relatively new scientific approach is to involve young children in the act of body spinning as a development tool. According to research, the act of spinning stimulates different parts of a child�s brain simultaneously, thereby promoting the development of interconnected pathways in the brain. These connections can then put children ahead when learning such skills as spatial awareness, rhythm, balance, muscle control, etc. A number of different outdoor swings can work as far as spinning devices. You�ve probably seen children naturally twist themselves around in a traditional swing, but single chain and tire swings work just as well.Overall Benefits to KidsBenefits for both Children and AdultsBrain Development in Preschoolers

If you already own a swing set, you probably didn�t buy it with your children�s health in mind. If you don�t own one as of yet, you may want to consider one for the sake of your children. Isn�t it nice when that rare moment of serendipity occurs when you find something your child likes that�s also good for them?




Author: Tonya Kerniva


Tuesday, August 16, 2011

Hello from New York City (4) - Staten Island and a Random Act of Violence


The Staten Island Ferry is a fabulous institution. It is a huge ferry that departs from a very modern, glass enclosed terminal, holds several thousand people and in just about 20 minutes whisks you over to Staten Island, very close to the Statue of Liberty, and all this for free! One thing we really noticed about New York City is that we definitely love the public transportation system. With our week long pass we have been hopping on an off subways as we please and we have found the transit system to be very efficient, pretty clean and quite safe (for the most part).


The senior citizens in Las Vegas need not worry regarding their post retirement days as it can be made more safe and healthy by the Las Vegas Assisted Living facilities given by vivid institutions. People in the beautiful city of Nevada, in the mountain states also do not apprehend upon their getting caught up with nuisance. Nevada Assisted Living also provides volunteers who reach out to such elders and come up for support and help anytime be it through mobile calls or e-mails. Each individual has their own doctors and nurses appointed for health related troubles as well. These centers have proved their importance and carved their own niche in the world. They do not help the old citizens but also take care of mentally ill and diseased persons too. People love being loved and so they would love to live their lives with such selfless love.So, the solution? Make another one and try again? I don't have the answer, I do know that there are good people out there who want safety for all and are making a good show of it. They deserve our thanks.Well, we rode the darn bus until the end, which ended up being a non-descript shopping mall called "West Shore Plaza", where we ended up having a sandwich and strolling around in a sports store which had amazingly good prices on most merchandise. Then finally another bus showed up and we had to run to catch it.After our return to Manhattan we subwayed it all the way up to 103rd Street and essentially walked all the way down through Central Park, admiring all the recreational facilities and the beauty of this giant green space. Further south we strolled over to 5th Avenue and then down into the Broadway Area just north of Times Square, where we had some quick Italian food at Ray's Pizza. The evening was pretty chilly, probably only about 12 degrees or so and past 11 we headed back home on the Q train, processing the memories of another packed day and studying the behaviour of our fellow transit riders all the way back.Back then there were "Hackers". They were mostly driven by ego and competition to see who was the best. Now its mostly about money. Legions of Bot captured computers sending out Spam and ads going to millions and millions of unprotected servers, computers and of course, into your email. Theres also the Pharming of websites, waiting like a spider in its lair for you to show up and give you a lil driveby download of something special. You name the evil that people do and you can find it online. Thank goodness the goodness of the Internet's is on the other side of the scale.Next, Liberty or as I prefer to think of, Freedom. To have access to particular resources without constraint. If online threats are making your life hectic, would you consider your rights violated? I would if I found out that some drive by download had installed a keylogger on my computer and then cleaned out my bank account. Or how about while you're trying to conduct business online and you keep getting these awful pop=ups telling you about the sale at Harveys Fish Emporium.There are strict government rules to get a license for starting ALFs (Assisted Living Facilities). Elderly people feel safe and trusted over here. These assisted livings can be a small room or an apartment or can be a building with hundreds of inmates dwelling. They have the liberty to chat, have fun, play games, and cook food etc, almost anything. Some do have there own private bathrooms. The difference again between an assisted living and home is that in the latter the old people do not find themselves safe if alone. Other than that elderly persons in a family may feel avoided and defeated. They do not have anyone to take care of them 24X7! That�s what these centers provide, Assistance-literally aiding the needed people for living their life more easily with a little hand of support for them.

After our return to Manhattan we subwayed it all the way up to 103rd Street and essentially walked all the way down through Central Park, admiring all the recreational facilities and the beauty of this giant green space. Further south we strolled over to 5th Avenue and then down into the Broadway Area just north of Times Square, where we had some quick Italian food at Ray's Pizza. The evening was pretty chilly, probably only about 12 degrees or so and past 11 we headed back home on the Q train, processing the memories of another packed day and studying the behaviour of our fellow transit riders all the way back.




Author: Susanne Pacher


Assisted Living Centers Now Prove To Show Light To The Needy


Assisted living is a very ancient concept that has occurred and changed phases with time. It deals with the care taking or rather specifically helping out people and reaching out to for them who actually need it, be it with regard to health care or assistance or safety, irrespective of time at their centers. It was started a couple of decades back where care taking centers for the elderly people were made priority. This is different from nursing centers. Here the people involved take good care of the elders and these old individuals are allowed to have there own independence and do not have strict restrictions other than having proper nursing facilities.


Ever get that feeling of helplessness that comes when your computer wont work right.

The senior citizens in Las Vegas need not worry regarding their post retirement days as it can be made more safe and healthy by the Las Vegas Assisted Living facilities given by vivid institutions. People in the beautiful city of Nevada, in the mountain states also do not apprehend upon their getting caught up with nuisance. Nevada Assisted Living also provides volunteers who reach out to such elders and come up for support and help anytime be it through mobile calls or e-mails. Each individual has their own doctors and nurses appointed for health related troubles as well. These centers have proved their importance and carved their own niche in the world. They do not help the old citizens but also take care of mentally ill and diseased persons too. People love being loved and so they would love to live their lives with such selfless love.




Author: Dawn Smith


Life, Liberty and the Pursuit of Spyware


John Locke said that "no one ought to harm another in his life, health, liberty, or possessions",Yet as I sit here at my computer this morning, I get the feeling that the attempts being made to keep the Internet's safe will not come to fruition soon.


Now we come to the best part, the pursuit of Spyware. Ok, so John Locke didn't say anything about Spyware, Write your own article, this ones mine!The Staten Island Ferry is a great insiders way of sneaking a peak at the Statue of Liberty since it passes pretty close by Ellis Island. Not close enough to take really great pictures with a simple digital camera like mine, but I gave it a shot anyway.So be vigilant.Remember? Not fun huh? These people read your postings and know your pain. Its hard to do this also, they have to help you fix your computer thru posting instructions for you to do. Miscommunication and frustrations can cause it to take longer and compound the repairs.Which brings me to the whole purpose of this article. To bring into the spotlight those out there who fight everyday to help keep us safe. They sit at their computers for hours at a time, examining postings in Forums to help others they don't even know stay out of the clutches of those who would benefit from the misfortune of others.Then there are the organizations that go after the meanies that cause your pain.Well, hear me out.I know, you have the best AntiVirus, AntiSpyware, Firewall there is. But is it really? How do you know? When was the last time you ran "Hijack This" and uploaded the results to a help Forum like MajorGeeks, Bleeping Computer or DaniWeb? Its the only way to make sure your computer is clean. And theres no guarantee it wont become re-infected two minutes after you leave the Forum.I know it happens because I frequent these Forums and I see hundreds of freaked users pleading for help. Many are repeat submitters.Yes, I can hear you saying, "don't be such a downer, Doug"Life. Yours, mine, your loved ones. Its yours, to do with what you will. Well, sometimes your will is to use the Internet's. But how secure are you? Is your AntiVirus, AntiSpyware and Firewall working and up to date? Do you know what is a Spam email is and not to click on the URL they provide? These decisions can affect your life if you are online.I believe there is alway bad that comes with the good. A balance or whatever. And like the other saying goes, Retaining Freedom for all requires constant vigilance.Threats to our online safety are growing in leaps and bounds by the day. I learned long ago, there is always someone out there who is better than anyone previously. The attacks on servers, the Bot networks, the phishing, the URL re-directs, Keyloggers, Image Spam, it just goes on and on. Your personal information is at risk every minute you are online.As we got off the ferry terminal on Staten Island I had a bit of a hare-brained idea: I suggested that we board one of the buses that was waiting there, just to hop on and ride around and see the island. Of course I didn't have a bus map with me, didn't have any literature about Staten Island, so didn't know where we were going or what the major destinations were on the island. So we got on the #46 bus without any idea where we were going or how long it was going to take. (I guess I figured how big can the island be? Well, it's bigger than I thought...).Are your Liberties/ Freedoms being constrained yet?It was a pretty non-eventful bus ride, people of all ages got on and off, then two young black teenage boys got on, but didn't pay. The bus driver didn't question them and we just continued the ride. All of a sudden, I heard a big noise, like someone fists hitting another person and all the people in the bus turned around, and the two young men were beating up a young short Latino teenager. It all took just a few seconds, right before a bus stop. The whole event was too quick for anyone else to react, although I have to say, the crowd showed compassion and shock at what had happened. The minute the bus came to a stop, the two guys jumped out and ran away.Everybody was shocked. The Latino kid was sitting there, rumpled, stunned, not seriously hurt, but had a very pained expression on his face. After he had calmed down he explained that about 8 kids were trying to extract money form him at the bus stop, he said he didn't have any and gave them an expired transit pass and 2 of the guys followed him onto the bus.Lets explore John Lockes quote shall we?They put out alerts and issue fixes. These include The Alliance of Security Analysis Professionals, The Anti-Spyware Coalition, The Council of Advocates for Relief from Malware Assimilation, The Spamhaus Project, just to name a few. There are plenty more out there that are fighting the good fight every day. The goal is a communication arena where all can participate without concern of malicious intent.

So be vigilant.




Author: Doug Woodall


Mobility Challenges Solved with a Handicap Accessible Van


What happens when a bright childhood of Noah Mischiek is taken away by a paralysis attack leaving his right side of the body functionless? Hear the story of Noah Mischiek of how it was before and after he was the owner of his personal handicap accessible van.


�The kids love it! We use it every time we go in the van. As soon as we get in, it's �can we watch a movie?� They�ve already seen Noah's favourite movie Cars several times�.At three years old, Noah started wearing a serial cast on his right leg to help him walk. The cast is removed for a day then put back on for gradually longer periods of time. The brave pre-schooler also gets Botox injections three times a year in the back of his right leg. The injections are to help relax his leg muscles that were damaged as a result of the stroke, with the eventual hope of Noah walking on his own.�Olivia was getting to the point we couldn't put her into our vehicle anymore, so we had to get something that would allow us easier access. With the new wheelchair accessible van, its much easier to transfer Olivia to and from the van. My husband showed me how to do it in five minutes, and that was it�, noted Anna.But why just cell phones? If the real intent of the law is to eliminate distractions from our roadways, why not ban them all? Summers could justifiably expand the proposal to include a ban on smoking in the car, adjusting the radio or inserting a Britney Spears CD, eating fast food, scolding the rug rats in the backseat, talking with your spouse, shaving or applying makeup, doing the crossword puzzle, using a laptop computer, calling for on-screen directions to Starbucks, and rehearsing your excuse that explains your tardiness to the boss.Now that he owns a wheelchair accessible van, Noah would love to visit Marineland Canada next summer� and they just might do that, thanks to Liberty Motor Company!Before the law is done with revisions, no common person will be able to read and understand it, and mainly, drivers will just continue to take their chances.Mainly, that is because no lawmaker wants to look like a slacker, especially so soon after an election. It�s bad form. As a result, we get some hideous proposals that I would chalk up as an effort to hide behind some broad good intention while looking meaningful, or at least busy.This law is rife with problems, from practical application to the higher concerns of individual liberty.Over two years later Noah�s family is able to take vacations in between trips to the hospital and medical treatments because of their wheelchair accessible van conversion from Liberty Motor Co. In fall 2009, the family travelled to Cape Breton on Canada�s eastern coast to visit relatives.Olivia is quick witted and has been able to spell her name since she was two and a half. When the family recently visited the Bloorview Kids Rehabilitation hospital in Toronto, Ontario, where Olivia has appointments every six months, she named all the towns the family travelled through in their wheelchair accessible van.Now when the family takes the van for a drive, Olivia often asks, �Are we taking my van or yours?�Wheelchair Accessible Van Provides Easy MobilityWhen Jamie saw Frank drive up with the van, she was very emotional, �I just bawled my eyes out. Frank had put a personalized plaque inside the van ... it was overwhelming.�Call me strange, but I rather prefer a Legislature that goofs off and under produces new laws. I�m convinced we have enough of them already, and agree with Mark Twain, who famously said that no man�s life, liberty, or property is safe while the Legislature is in session.I know four friends, right off the top of my head, who would gladly pay up to $25, as a cost of doing business. They think this highly of each and every one of their calls. $25 is no kind of deterrent for these people.In order to meet their daughter's dynamic and changing physical needs, Olivia�s family purchased one of Liberty Motor Company�s handicap conversion vans. Before they purchased their white 2004 rear-entry Ford Freestar, with a power wheelchair lift, transporting Olivia had become very difficult. With the help of the technicians and specialists at Liberty Motor Company, the family enjoys more travel because Olivia can enter and exit the van safely and in comfort.�They told us he would never walk. He's like our miracle baby!� notes Jamie Rolland, Noah's mother.Despite his disability, Noah was always very independent and wanted to do things for himself. While his parents were told he would never walk, Noah demonstrated the ability to take steps, which came as a great surprise for many.

Now that he owns a wheelchair accessible van, Noah would love to visit Marineland Canada next summer� and they just might do that, thanks to Liberty Motor Company!




Author: Wouter Van Essen


The Glorious Acts of Our Legislature


I always have to remember to take a deep breath when examining the laws being proposed by our grand Legislature. I detest most of the new legislation on the table, but have to forgive our representatives in the House and Senate for it. After all, writing laws is what a Legislature does, and if they don�t write enough laws, it can begin to look like they�ve been loafing.


Noah can now get himself into the vehicle and he wants to go everywhere.This begs the significant philosophical question: Why bother?Creating Family Memories with a Wheelchair Accessible VanBy Mike Kole
Libertarian Writers� Bureau
http://www.writersbureau.org�I've never been happier. I didn't want the responsibility of being manager because Olivia�s condition is getting worse.�Isn�t it sufficient that citations can already be issued if the use of a cell phone is the cause of an accident? Why pile on? No harm, no foul: If the use of a cell phone isn�t endangering anyone in the moment, why penalize for the harm that was not caused?The technicians and Mobility Specialists at Liberty Motor Company are committed to providing individuals and families better access to safe and reliable transportation. Of course, Olivia knows with certainty who owns the van, especially since the van carries a nameplate that Frank, Mobility Specialist with Liberty Motor Company, mounted to the dashboard just for her. That special touch was just what Olivia needed to feel comfortable with the van.�When Olivia saw the plaque Frank put in, that was it. It reads �Olivia�s van�. She says it's her van. She just loves it�, Anna recalls.Representative Vanessa Summers, an Indianapolis Democrat, has introduced legislation that would prohibit the use of cell phones, making exceptions for hands-free devices and for emergency use. The proposed fine for violations of the law would be up to $25.�Going into the zoo, you see the animals and when you leave, you pass through the gift shop. Of course, we had to buy her the pink flamingo from the pile of stuffed animals. Yes, Olivia rules the roost, but Oh my God, she's a very happy kid!�Could we really ban Britney Spears CDs? I digress.�Even if it's just going to buy a bag of milk, Noah has to come along because it's his van,� says his mother.Spinal Muscular Atrophy is a neuromuscular condition in which the cells of the spinal column and brain stem deteriorate over time, eventually causing complete paralysis.What is emergency use? I define emergency use of a cell phone as a frantic call to a friend because I suddenly had two tickets offered to me for a Colts� playoff game, and I have to accept within five minutes, or the tickets will be passed on to a co-worker. My wife defines it as having found a deal on furniture, and she�s on her way home so I can look at fabric swatches. I�m betting that this is not what the Representative has in mind. Some revisions will be in order.Noah has taken that bond and his relationship with Frank, to heart. Frank brought Noah a plush toy lion, which he's named Leo, because Noah is so very brave. He and Frank have formed a close friendship and they regularly speak on the telephone and keep in touch via e-mail.Let�s hope this Bill dies in committee. If it passes, Summers will run for re-election in 2006 on the basis of having produced this wonderful law� and of having been suitably busy.

By Mike Kole
Libertarian Writers� Bureau
http://www.writersbureau.org




Author: Mike Kole