Creditech and PH Anaesthesia Associates – Negative Rating
November 10, 2009
About a year ago, I had work done for my Son (4 year old) at PH Anaesthesia Associates located in Pottsville, Pa. The problem is that anyone that does business with them is under threat of extreme damage to your credit score, even if you pay the bill right away.
They claimed they sent invoices, however NONE of them arrived making is question the validity of them claiming they were sent.
A year later, believing the insurance company paid the invoices in full we discover a negative mark on our credit report. Believe it or not, the first thing instance of us finding out “we owed money” was via a credit report check. Blue Cross and Blue Shield have stated to us via phone that their is no record of them in their system.
Think about it, no invoice, no insurance records of it, just direct to your credit report. Something that you wouldn’t have found unless you paid money to a credit reporting agency or you waited a full year to check the Annual credit report site. This thing was sitting on our credit report for a year. Remember, this is the first instance of us finding out about the invoice. The credit collection agency sent no invoices as well, as well as no phone calls. The only action we can verify that took place is they placed it on a credit report.
So the second we found out that we owed $225 we paid it (within minutes via phone via credit card). But this is where it becomes even more interesting. After paying the very first invoice (IE: abit the one found on a credit report, if you want to call that an invoice) both PH Anaesthesia Associates and Creditech refuse to remove it from the credit report. Even though clearly they are in the wrong. To make matters even uglier, Creditech has stated they won’t even mark it as paid until the end of December (nearly 2 months from now).
We have already filed an online dispute with Experian which the credit reporting agency has stated it will take months, however until the matter is settled, we are forced to live with an error on our credit report. We are also contemplating a small claims suit against both firms if no positive action is done.
Firms should not be allowed to just plaster inaccurate information on your credit report without verification from the end user.
If you work for either PH Anaesthesia Associates or Creditech feel free to file an online dispute over the contents of this story, we will follow the same procedure you are forcing us though.
Twitter – Real Estate – Social media
October 22, 2009
Teaching New Tricks: Mature Users Make the Most of the Latest Networking Tools is the title of the latest article on the Real Estate Site CRE Yourway It’s actually a fairly robust discussion regarding how social networking applies to the real estate industry. Especially for the group of individuals that didn’t grow up with the Internet being the main source of communication.
The problem is that not every single buyer is aged 20 or 30 something, many of them grow up when the internet wasn’t a common part of their lives, but they are adopting it in droves, especially the social media aspect.
It’s well worth the read, and very cool to see everyone adopting the new tools open to them.
Patent Infringement Lawsuit Involving Airport Security Luggage
October 20, 2009
SITC Institutes Section 337 Investigation of Patent Infringement Lawsuit Involving Airport Security Luggage Inspection Methods
Related Practice Areas: International Business, International Trade
Offices: Washington, D.C.
Contact: Donald R. Dinan, 202.216.8302
(Washington, D.C.) – Last week, the U.S. International Trade Commission (USITC) voted to institute an investigation of 20 dual access locks and products based on a Complaint filed by Roetzel & Andress on September 15, 2009 on behalf of David Tropp and Safe Skies, LLC for patent infringement against foreign luggage lock manufacturers. The investigation under Section 337 of the Tariff Act, is based on the unlawful importation into the U.S., sale for importation, and/or sale after importation of airport security-friendly luggage locks which infringe Mr. Tropp’s patents.
The Complaint seeks to have infringing locks excluded from importation into the United States. The USITC exclusion orders are enforced by the U.S. Customs and Border Protection, Department of Homeland Security.
The USITC will make a final determination in the investigation at the earliest practicable time. USITC remedial orders in Section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative.
In 2002, Tropp developed an innovative system for making airline luggage inspection secure while accommodating the needs of the traveler. The system involves a special dual access lock, called the “TSA Lock,” available to airline travelers that can be opened by both the luggage owner and the Transportation Security Administration (”TSA”). This system provides a solution to the problem of clipped locks resulting from the TSA’s policy of cutting locks on luggage, if necessary, for inspection. The TSA Lock, currently used by more than 60 million travelers and recognized by 50,000 TSA officers in 400 U.S. airports, was patented by Tropp in April of 2006 and is covered by two U.S. patents, both entitled “Method of Improving Airline Luggage Inspection.”
The foreign lock manufacturers named in the Complaint, based in five countries with the majority located in China, have unlawfully manufactured, imported and distributed identical dual-entry TSA Locks into U.S. retail and distribution outlets. All infringing companies make TSA locks, baggage or luggage incorporating TSA locks and collaborate with Travel Sentry, also being sued for patent infringement. The impact of these infringements is not only lost domestic sales for Tropp’s patented methods, but also compromised security issues relating to possible tampering of luggage with clipped locks.
For additional information about this case, please contact Donald Dinan at 202.216.8302.
About Roetzel & Andress
Founded in 1876, Roetzel & Andress is a law firm with 11 offices throughout Ohio, Florida and Washington, D.C. The firm has more than 220 attorneys who provide comprehensive, integrated legal counsel in more than 40 different areas of law, and practice both nationally and internationally. For more information, visit www.ralaw.com.
About Safe Skies LLC
Safe Skies LLC (http://www.safeskieslocks.com) sells 100+ different styles of TSA luggage locks accepted and recognized by TSA and by United Kingdom’s Her Majesty’s Revenue and Customs (HMRC). All Safe Skies TSA Locks are protected by US Patents 7,021,537 and 7,036,728 with worldwide patents pending.
Luggage Locks and Patent Infringement
October 15, 2009
USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DUAL ACCESS LOCKS AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dual access locks and products containing same. The products at issue in this investigation are known as “TSA locks” and are designed so that they can be opened with a master key by security personnel at an airport should it be deemed necessary to open the locked baggage for further screening.
The investigation is based on a complaint filed on September 15, 2009, by Safe Skies, LLC, and David Tropp, both of Brooklyn, NY. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dual access locks and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
C&C Luggage Manufacturing Co., Ltd., of China;
Diplomat of Taiwan;
Hangzhou Gema Suitcases & Bags Co. Ltd. of China;
La Pearl Luggage and Leather Goods Co., Ltd., of China;
Hinomoto Jomae, Ltd., of Japan;
Sinox Company, Ltd., of Taiwan;
Yi Feng Manufacturing Co., Ltd., of China;
Jin Tay Industries Co., Ltd., of Taiwan;
FULLYEAR-Brother Enterprise Co., Ltd., of Taiwan;
Zhuhai SkyGood Tech. Industrial Corp., Ltd., of China;
Ningbo Xianfeng Art & Craft Co., Ltd., of China;
Paloma Enterprises Co., Ltd., of Taiwan;
Tekraft Industrial Co., Ltd., of Taiwan;
Hangzhou Travelsky Co., Ltd., of China;
The Sun Lock Company, Ltd., of Hong Kong;
Alloy Metal Manufactory, Ltd., of Hong Kong;
Cometform, Ltd., of England;
Design Go Ltd. of England;
Franzen International of Germany; and
M-Power Lock Manufactory of Hong Kong.
By instituting this investigation (337-TA-689), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
New Software Release Provides Organic Web 2.0 Event Marketing Across Social Networks
October 14, 2009
Active Data Calendar also launches ability to update personal calendars automatically.
(Bethlehem, PA – Oct. 14, 2009) – Tapping into the ability to perform event marketing across social networks, Active Data Calendar has added the capability to publish and share events across social media websites such as Facebook, Twitter, Linked In, and others through the AddThis® interface. Event marketers can take advantage of organic social media penetration without the overhead of redundant keystrokes and paid advertising.
Calendar visitors can easily share events with all of their friends and followers across multiple networks, who can then share it with their own Web 2.0 networks. Another new feature allows for visitors to subscribe for automatic updates of events by category to their personal calendar, such as Outlook, Google, Notes, GroupWise, and others. “Everything revolves around dates and times. The expansion of our Active Data Calendar product suite into a publish once, everywhere you want model addresses the need for proactive information retrieval for content that everyone takes for granted – date related info,” said Susan Yee, CEO of Active Data Exchange.
New features in the Active Data Calendar 3.9 suite of products include:
- Social media integration using AddThis®, which allows site visitors to add event data to 150+ social media sites
- Choose which social media sites visitors can use to share events with the AddThis® interface
- Customize the look of the AddThis® interface including colors, buttons, menus, etc.
- Support for dynamic iCal subscription feeds of event data
- Automatically add event data from any calendar view to iCal compatible personal calendar software (MS Outlook, Mozilla Thunderbird, Lotus Notes, etc.)
- Changes made in Active Data Calendar will automatically be reflected on all personal calendars that are subscribed to that iCal feed (http://webcal
- Available integration with the payment gateway TouchNet
- Payment tracking and associated workflow for payments by cash and check
- Facility keyword searching and improvements to automated workflow e-mails in the Open Entry Module
Active Data Calendar 3.9 is compatible with the latest Microsoft® technologies including Windows 7® and Microsoft Server 2008 R2® and has been given the “Front Runner” status by Microsoft® to signify early adoption of the latest Microsoft® technologies.
Active Data Calendar is a web-based calendar program that allows for events to be published, managed, and promoted on the Calendar itself, other web sites, social media outlets, portals, intranets, SharePoint sites, Student Information Systems (SIS), Enterprise Resource Planning (ERP) systems, and other web-enabled enterprise technologies. Available extended capabilities include creating custom event registration forms and accepting registration fees online, booking facilities with specific features and resources for your event, and internal-only calendars to communicate and align key internal dates, deadlines, milestones, and events.
About Active Data Exchange
Active Data Exchange has been providing enterprise web-based event marketing and facilities scheduling software, email and text message broadcasting solutions and information broadcasting solutions for education, healthcare, government and corporate organizations since 1999. Products and services include Active Data Calendar, Active Data Communicator, and Active Data Syndicator. Clients include New York City Department of Education, Drexel University, Lehigh Valley Hospital and Health Network, Minnesota Department of Veteran’s Affairs, Baylor College of Medicine, Wellmark Blue Cross and Blue Shield, National Government Services, North Carolina State University, Temple University and others. Active Data Exchange is a PA certified Minority and Woman Owned Business and Microsoft Gold Certified Partner. For more information, please visit www.activedatax.com.
CONTACT: SUSAN YEE
Phone: (610)997-8100
Email: syee@activedatax.com
###
Companies Continue to Outsource Marketing to Support In-house Capabilities
October 7, 2009
Sagefrog Marketing’s Survey Reveals How Marketing Budgets are Spent in 2009
PHILADELPHIA, PA – October 2009 – Sagefrog Marketing Group, a full service marketing, interactive and public relations company, announced the results of their fourth annual Marketing Mix Survey that shows over 50% of companies use both outsourced and in-house marketing.
Conducted during the summer of 2009, the survey drew responses from 250 marketing professionals from health, technology and business-to-business companies and includes four year marketing trends.
Despite the economy, more than half of businesses continue to spend 10% or more of their budget on marketing. The majority of their budget allotment is spent on website development and online marketing.
Download a free copy of the survey now: http://www.sagefrog.com/download_register.asp?downloadtitle=2009+Marketing+Mix+Survey
“The survey results will help marketers select, justify and prioritize their 2010 marketing strategies and tactics,” explains Mark Schmukler, managing partner at Sagefrog Marketing Group.
The survey reveals how marketing budgets are being spent, where sales leads come from and where companies are getting return on investment.
Key results include:
• 78% of companies have a marketing plan, up from 56% in 2008
• In 2009, referrals, events and online marketing rank as the top three sources of sales leads
• The use of social media has grown from 37% in 2008 to 55% in 2009
About Sagefrog Marketing Group
Sagefrog Marketing Group, LLC. is a full service marketing, interactive and public relations company located in Doylestown, Pennsylvania. Sagefrog specializes in health, technology, and business marketing for companies in the greater Philadelphia and New Jersey area. Services provided by Sagefrog include marketing strategy and research, brand identity, marketing materials, websites, online marketing, public relations, advertisements, tradeshow support, direct marketing and email marketing. For additional information about Sagefrog Marketing Group, please visit http://www.sagefrog.com
Contact:
Ashlee Finan
Sagefrog Marketing Group
215-230-9024
Ashleef@sagefrog.com
196 W. Ashland Street, Suite 406
Doylestown PA, 18901
Wedding Flowers from Bridesign
October 5, 2009
Brides use Internet to Gain Fresher and More Affordable Wedding Flowers
New York, NY, October 5, 2009 – Over 3,000 brides in the United States have discovered the secret of going direct to the Colombian flower fields to gain fresher and more affordable wedding flowers. Using the power of the Internet and Bridesign, brides are bypassing the middleman and accessing the global markets directly to save an average of 30% on wedding flowers.
“I wanted cala lilies, but they were too expensive from a florist. With Bridesign.com I was able to get exactly what I wanted and it was very easy,” said recent bride, Nicole Fawcett.
The majority of flowers sold in the U.S. are imported. And more than half the imported flowers in the U.S. are already supplied from the flower fields of Colombia. In fact, in 2007, 72% of the roses sold in the U.S. came from Colombia.1 It was only a matter of time before a prominent flower grower in Colombia set-up a program to work directly with U.S. brides.
No stranger to customer service, Vistaflor® is a leading supplier of fresh cut flowers to the largest big box retailers in the United States. In 2005, they set up a special division called Bridesign.com to perfect the customer service process of working with brides and mother’s of the bride directly. For brides, receiving wedding flowers direct from the flower fields has two main benefits: 1. The price is more affordable by cutting out the middleman. 2. The flowers are fresher and last longer—in fact, a bride’s flowers are cut specifically for her wedding.
Bridesign flower artisans handcraft each wedding bouquet, boutonniere, corsage, and wedding centerpiece and ship them to arrive two days before the wedding. The arrangements are completely finished. Bridesign.com is the only Internet supplier of wedding arrangements that require no assembly. The wedding flowers are still blooming in the specially engineered box. Every bouquet is assembled before shipping and timed perfectly for maximum beauty on the wedding day. Brides won’t find fresher and more affordable wedding flowers anywhere.
Shipped overnight directly to the bride’s home or wedding destination, the wedding flowers are transported with the stems inserted into individual water tubes, the hand-crafted arrangements are cradled in special interior packing, and each item is strapped in with velcro-like seatbelts. The patented box Bridesign.com created to protect the flower arrangements is a game changer in the wedding industry for brides seeking fresher, more affordable wedding flowers.
Bridesign.com offers a 100% satisfaction guarantee and maintains a double back-up system. By delivering two days before the wedding, if anything does not meet the bride’s satisfaction, Bridesign.com can overnight another order. Should something still not meet her satisfaction, Bridesign.com maintains a relationship with 19,000 same-day U.S. florists, who will fulfill the order or any remaining parts of the order at Bridesign.com’s cost. The result has been 100% of Bridesign.com’s weddings have had beautiful wedding flowers on their wedding day.
“Bridesign.com does 1,000 weddings a year, where the average florist won’t do 1,000 weddings in their lifetime” says Gina McKenna, a Wedding Flower Specialist who leads Bridesign’s U.S. based call center. “After watching this program in action for 4 years, I can’t think of a single reason why brides shouldn’t get fresher, more affordable flowers directly from Bridesign.com.”
1 Source: USDA Foreign Agricultural Service trade database, accessed March 2008.
About Bridesign.com
Bridesign.com provides fresher and more affordable wedding flowers to U.S. weddings directly from the flower fields of Colombia using the power of e-commerce and FedEx shipping. Bridesign flower artisans handcraft each wedding bouquet, boutonniere, corsage, and wedding centerpiece and ship them to arrive two days before the wedding. Bridesign offers a 100% satisfaction guarantee and maintains a double back-up system. The result has been a perfect track record for supplying fresh flowers for the wedding day. Bridesign.com is the wedding division of Vistaflor, a 41-year old flower grower that is the leading supplier of flowers to the largest big-box retailers in the U.S. Bridesign.com supply flowers from Florverde® certified farms that meet the stringent U.S. requirements for providing favorably work conditions for employees and sustainable environmental conditions for the flower fields of Colombia. For more information visit: ( http://www.bridesign.com ).
For further information contact:
James Connor
jamesc@thejamesgroup.com
212-243-2022 ext 303
FertilityAuthority Names Dr. Tarun Jain its Reproductive Endocrinologist of the Month
September 29, 2009
New York, NY [September 29, 2009]: FertilityAuthority has named Dr. Tarun Jain M.D., F.A.C.O.G its Reproductive Endocrinologist of the Month. Dr. Jain is part of the team at the Advanced Reproductive Health Centers / Chicago IVF and is a nationally recognized expert, researcher and leader in the fertility treatment field.
FertilityAuthority’s “RE of the Month” honor spotlights a fertility doctor who stands apart from the crowd. Each month the Fertility Authority editors, in consultation with their Advisory Board and experts in the field of reproductive medicine, recognize one RE for his/her ground-breaking research, outstanding patient care, efforts to make treatment accessible or unique treatment philosophy.
Dr. Jain “wows” people with his research on contemporary “social” fertility issues and his attempts to answer questions such as: Do women really want to select the sex of their baby? Are they willing to donate their embryos for stem cell research? Are women of all ethnicities and socioeconomic levels getting infertility treatment? He identifies the need for patient education noting, “I’m a huge patient advocate, from every angle. There are so many people out there who need treatment and so few people getting it.”
Dr. Jain serves patients at his clinic, but he’s also actively involved in RESOLVE, as a member of the Advocacy Committee, and the Society for Assisted Reproductive Technology. At SART, he’s a member of a five-person ART Validation Committee charged with monitoring whether clinics are reporting data correctly.
“We’re proud to honor such a distinguished member of the fertility community,” says FertilityAuthority’s Executive Editor, Laurie Gordon. “Dr. Jain isn’t afraid to address the tough issues facing couples today. We applaud his efforts to destigmatize infertility and raise awareness of the disease. He really wants what is best for patients.”
Previous RE of the Month honorees include Mark Trolice, John Zhang, Andrew Toledo, Avner Hershlag, Angeline Beltsos and Sherman Silber. Read their RE of the Month profiles along with Dr. Jain’s at www.fertilityauthority.com. Nominations for RE of the Month can be emailed to editors@fertilityauthority.com.
ABOUT FertilityAuthority.com – FertilityAuthority is the only web portal dedicated to fertility. FertilityAuthority encourages women and men to be proactive regarding their fertility and provides the tools and information to do so: best-of-breed content written by healthcare writers and journalists and vetted by reproductive endocrinologists, a robust interactive community of bloggers, columnists and message boards, a growing video library of patient testimonials, breaking fertility news, and a database connecting you to fertility specialists. Visit www.fertilityauthority.com or find it on Facebook, LinkedIn and Twitter.
Branding Agency – James Connor to appear on Fox Business Tonight
September 17, 2009
“The Perfection of Marketing” Author to Appear on Fox Business
“This is my Marketing Book of the Year.”
– Douglas Karr of MarketingTechblog.com
September 17, 2008 (New York, NY) James Connor, The CEO of the advertising and branding agency The James Group will appear on the national live broadcast of Fox Business “Happy Hour” Thursday, September 17th between 5:00-6:00PM Eastern. He will be discussing his book “The Perfection of Marketing”, which was recently reviewed as “marketing book of the year,” as well as how small and midsized businesses will be the engine of job creation for the economic recovery, and how he uses meditation in solving business problems. He will be speaking with co-hosts Cody Willard, Rebecca Diamond, and Eric Boiling.
James Connor founded his business 14 years ago and in the beginning of 2009, sold The James Group to Creative Director Paul Blakely and Enda McShane the owner of Spirit Marketing Group in the U.K.
The book and sale of the business come in preparation for a three-year silent meditation retreat that James Connor, a long-time Buddhist, will undertake starting 2011. “Any time you want to improve your mind through education it takes some sort of investment,” says James Connor. “Over the last 10 years of doing short meditation retreats, I’ve watched the capacity of my mind to solve problems increase. By undertaking a great retreat of three years, I hope to dramatically increase the capacity of my mind to solve even greater problems that affect us all.”
The new owners have been aggressive in expanding The James Group’s services while maintaining its focus on serving the marketing needs of small and midsized businesses. The James Group through Spirit North America has incorporated the proven methods developed by Spirit in the U.K. to help U.S. shopping centers grow their annual foot traffic. Additionally, The James Group is leveraging its past success in Financial Services marketing to create a specialty practice in Financial Services.
James Connor has been retained until his departure for three-year retreat by The James Group to continue his work as a brand strategist helping clients grow their businesses.
About James Connor
James Connor is the CEO and founder of The James Group, a brand strategy and
full-service advertising agency in New York City, serving midsize business clients nationally. For 12 years, James honed The Perfection of Marketing process and oversaw the creation of over 70 brands, including category leaders GarageTek, Thinkfun, TransparentValue, and WQIS. He is well regarded as a speaker on brand marketing.
James meditates daily and in the evening teaches Buddhist philosophy for
the Asian Classics Institute, primarily in New York City and the Hamptons.
To learn more, visit www.perfectionofmarketing.com
The Perfection of Marketing
The CEO’s Guide to Building a Brand and Driving Sales in Three Steps
by James Connor
Available everywhere | $24.95 | Hardcover | ISBN: 978-0-9765469-3-1
Diamond Cutter Press | Distributed by National Book Network
Constitutional Rights of a Criminal Defendant
September 10, 2009
Criminal Defense Overview
Every saint has a past and every sinner a future. Criminal law takes cognizance of this universal truth and every accused is provided with ample rights while deciding whether he/she has committed any offence. Prosecution guidelines provide for certain procedural niceties to be extended to a person accused of crime. After all, the law intends to punish the crime, not the criminal. Adversarial system views crime as a wrongdoing against the state and not against a particular person. The interests of the state are represented by the prosecuting attorney. As such, law views the offender sympathetically and treats him/her as innocent until proved guilty and passes the burden of proving the case to the prosecution. The defendant has a right to be presumed innocent unless and until the State has proven each and every element of the crime beyond a reasonable doubt. Thus, for instance, if a culpable mental state is required to prove a crime, the prosecution must prove that it existed at the time of commission of the offence.
Constitutional Rights
The United States Constitution guarantees a wide array of rights to the criminal defendant from the time of arrest through the trial proceedings. These include: the right to be free from any unreasonable search and seizure, to remain silent, to be tried before a judge or a jury, to summon witnesses and compel their attendance to testify on behalf of the defendant, and to confront and cross-examine any witness the State may call. The defendant in a criminal case has a right to a speedy trial and to be represented by an attorney and is entitled to have an attorney appointed by the court, if the defendant is unable to afford one. The defendant also has a right to consult an attorney or family members before pleading guilty or not guilty before the court.
The criminal proceedings begin by the initiation of a complaint by the purportedly injured person, the complainant. The police investigate about the complaint. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the proper jurisdiction.
The Right to Speedy Trial
The Sixth Amendment of the Constitution guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, which means that the proceedings are to be completed within a reasonable time after the person being arrested. The defendant has a right to be informed of the nature and cause of the accusation. The Sixth Amendment also guarantees a criminal defendant the right to be tried before an “impartial jury,” which will consider the evidence against the defendant and decide whether to find him/her guilty. In almost all states, the concurrence of twelve jurors is necessary in order to find a defendant “guilty or not guilty.”
Right to be Free from Unreasonable Search and Seizure
Fourth Amendment to the U.S. Constitution guarantees the defendant the right to be free from any unreasonable search and seizure. The quintessence of the Amendment is that “every man’s house is his castle” and the rights to be secured in their persons, houses, papers, and other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause.”
Privilege against Self-incrimination
The defendant is entitled to a right under the Fifth Amendment to the U.S. Constitution to remain silent during the trial. In other words, the accused person can refuse to answer any questions or make any statements, if such answers or statements establish that the person committed a crime or is in any way connected to some criminal activity. As already mentioned above, the burden of proof of a crime is on the prosecution. However, no one including the prosecutor, the judge, and even the defendant’s lawyer can force the defendant to be a witness against himself/ herself if the person declines to do so. Furthermore, when a defendant exercises his or her right not to testify, the jury is not permitted to take such denial into consideration when deciding the question of liability. Thus, this is a prominent privilege to the criminal defendant. Nevertheless, the defendant cannot selectively answer questions that go against him/her. Once a defendant decides to testify at trial, he/she cannot ordinarily choose to answer some questions but not others. It is to be noted that the Fifth Amendment privilege does not apply when a defendant is fingerprinted, or made to provide a DNA sample in connection with a criminal accusation. Like a criminal defendant, witnesses are also entitled to refuse to answer certain questions by asserting their Fifth Amendment rights. However, this right is not extensive as that of the criminal defendants.
Conclusion
A criminal defendant is presumed to be innocent and accorded all humane considerations during the trial. Justice is not a one sided notion favoring the victim, but it looks at the accused person from a reformative angle. The punishments accorded to the criminal defendant are meant to reform the person and not a retributive measure. As such, in the pursuit of justice, law takes in to consideration, the rights of the accused.
“As a Florida criminal deffense attorney, nothing is more satisfying than hearing a verdict of ‘not guilty’ announced in open court.”
J. Layne Smith
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