Practicing Criminal Defense and Drunk Driving/ DUI/ DWI throughout Maryland, Washington, D.C., and Virginia, including the state and federal courts in Montgomery County (Rockville and Silver Spring), Fairfax County, Northern Virginia, Arlington County, Alexandria, Prince George's County (Upper Marlboro, Hyattsville, Greenbelt, and Andrews Air Force Base), Howard County (Ellicott City), Frederick County, Anne Arundel County (Annapolis, Glen Burnie, Ft. Meade), Baltimore City, Baltimore County (Towson, Catonsville, Essex), Washington County (Hagerstown), Prince William County (Manassas), and Loudoun County (Leesburg). 

July 30, 2000: LEGALMENTE HABLANDO'S DEBUT SHOW ON RADIO BORINQUEN/DRIVING WHILE INTOXICATED - Prevention and Defense.  Marks & Katz, LLC, is pleased to present "Legalmente Hablando: La Voz del Inmigrante" on its new station and at a new time: Radio Borinquen, AM 900, 11:30 a.m.-12:30 p.m. Marks & Katz, LLC., is passionate about justice for all people, both immigrants and non-immigrants. Immigrants are the backbone of society; more liberal Immigration into the United States is good for the United States economy, society, and culture. 

    Summertime is party time, which often involves alcohol. People who drink above the legal limit -- which is easy to reach -- should avoid driving. It is commonly said that the body can only metabolize one drink per hour. If stopped by a police officer, a driver should not physically resist, but has no obligation to assist the officer with any information other than one's driver's license, car registration, name and address. The more a driver talks to the police officer, the more the officer has a chance to smell the driver's breath for alcohol, to check for bloodshot eyes, and to check for inebriated demeanor. A driver has no obligation to perform field sobriety tests, and no obligation to provide a breath specimen, although one's license may be suspended for refusing a breath test. If arrested for driving while intoxicated, the driver should immediately hire a competent attorney to mount an aggressive defense for an acquittal, and for the most favorable sentence in the event of a conviction. The arrested driver generally should not pay any related moving violation tickets before consulting competent counsel. For more information, see our DWI article.

May 14, 2000: THE LAWYERS' ROLE IN REPRESENTING AN INJURY VICTIM - When a person is injured as a result of the carelessness of an insured party, the injured person will likely be contacted immediately by the at-fault party or its insurance company to obtain the injury victim's version of events, and perhaps a detailed personal history of the injury victim. The injured victim has no obligation to provide such information, but often will do so if not yet represented by a competent attorney. The at-fault party's insurance company will do its best to bear down its weight and financial strength upon the injured victim until the resolution of the case. A competent attorney helps even or reverse the playing field for an injured victim by helping to protect the injured person's rights, by using persuasive skill in seeking a settlement, and, when necessary, by pushing a strong lawsuit from beginning to end. An attorney cannot guarantee results, but a good one cares about his client more than financial compensation, puts the client's interests first, and brings all the attorney's skills and experience together in seeking the best possible result for the client. A good attorney will also insist upon honesty and integrity from the client and the lawyer. 

May 7, 2000: THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT (NACARA) - Available to Qualifying Salvadorans and Guatemalans; Lobbying Efforts Underway to Renew Deadline for Nicaraguans and Cubans. NACARA provides important immigration relief to qualifying Salvadorans and Guatemalans. Pro-immigrant forces are pushing to renew the NACARA filing deadline for Nicaraguans and Cubans, whose March 31, 2000, filing deadline has passed. This segment of "Legalmente Hablando" discusses the benefits of NACARA, the importance of applying with the assistance of a good attorney, and some of the requirements of a successful application (including proof of residence in the United States during the required time period, and proof of good moral character through payment of income taxes and through the absence of criminal convictions that are considered by law to show bad moral character). People should remember that, unlike in many Latin American countries, being a notary in the United States says nothing about a person's ability to assist with legal matters.  

April 30, 2000: UNJUSTIFIED VIOLENCE BY THE GOVERNMENT AND INDIVIDUALS -- How to Stop It: The past week has seen excessive government force in the Elian Gonzalez raid, and another multiple murder, this time outside Pittsburgh. How do we stop violence? When the government is violent, we must organize and raise our voices to legislators and government officials that the violence must stop. Citizens have the additional power of the vote, and everyone has the power to direct campaign contributions to politicians who support their issues. People who are not citizens should not be afraid to raise their voices on issues that are important to them. Stopping violence by individuals starts with each of us teaching by example through leading non-violent lives ourselves. This means, for instance, not beating children and spouses. When we identify a potentially violent person, rushing to the police should be a final resort, if at all, after first trying to work directly with the person, and then trying to get private individuals and help groups to intervene. The key is to get to the root of violence, rather than waiting until too late to address it. 

April 23, 2000: POLICE POWER - Limited by Law, But Too Often Abused: As re-emphasized by the  federal seizure of Elian Gonzalez, police power is often ugly and excessively used. In a free society, police power must never be used to erode the very freedom that generations have struggled for. To give a police officer a gun and arrest power means that police abuses will repeatedly take place unless people refuse to tolerate such abuses. People generally have the right to passively resist police, by refusing interviews, house searches, bodily searches, and personal property searches. Resisting arrest, on the other hand, can be a criminal offense. No person is obligated to prove their immigration status to a police officer or any other government official, nor to answer any questions about their immigration status. Police are trained to convince people to "voluntarily" submit to interviews and searches, through intimidation, smooth talk, and persistence. Being human and being under real or imagined pressure to obtain convictions, police cannot be expected to look out for the best interests of a criminal suspect; a good lawyer is needed to protect a criminal suspect from the police and the prosecutor.  

April 16, 2000: SHOW POSTPONED DUE TO MEGA BABY: Stay tuned next week. Today, partner Jay Marks's wife gave birth to Benjamin Marks, the "Mega baby".

April 9, 2000: TAXES: CRIMINAL LIABILITY, AND IMMIGRATION IMPLICATIONS: With the tax filing deadline around the corner, "Legalmente Hablando" discusses the criminal and immigration implications of failing to file timely and accurate tax returns. People should not have to pay taxes that they are not required by law to pay, and should retain a competent accountant and/or tax lawyer to seek the deductions to which they are entitled. Failure to file an income tax return is a jailable act unless a person's income falls below the taxable level. False statements (including fraudulent deductions and failure to report complete income) on tax returns also expose a person to criminal penalties. Non-citizens need to file tax returns to avoid problems in getting approval of future applications to adjust their immigration status. IRS-provided tax identification numbers can substitute for social security numbers when paying taxes. 

April 2, 2000: HONORING CESAR CHAVEZ/CRIMINAL TRIALS - Fighting for Acquittals and Favorable Sentences -  Each year Marks & Katz, LLC, honors Cesar Chavez's March 31 birthday. Cesar Chavez organized and fought for the rights of migrant farm workers and immigrants. The first segment of "Legalmente Hablando" honored Mr. Chavez; the second segment addressed criminal trials. A competent attorney is essential for all criminal defendants facing jailable prosecutions. A good lawyer can assist in fighting for an acquittal, fighting for the most favorable possible sentence in the event of a conviction, presenting any necessary appeals, and presenting all post sentencing motions. Criminal defendants have crucial rights that they should never give up without receiving a sufficient benefit in return. Criminal defendants have the right to remain silent right through the verdict, generally without having their silence held against them. The prosecutor has the burden to prove a defendant guilty beyond a reasonable doubt. Defendants have a constitutional right to a jury trial for all criminal charges involving maximum sentences over six months; no conviction is allowed without a unanimous jury verdict. As with civil trials, a crucial ingredient for success in a criminal trial is substantial preparation by the defense lawyer and the client. 

March  26, 2000: TRIALS AND PREPARATION - The Client's Role - Winning a civil or criminal case requires substantial preparation by the lawyer and his or her client. It is not enough to just intend to testify to the truth. The client must assist the lawyer in presenting the truth, by fully preparing for interrogatory answers, depositions, trial preparation, and trial execution. Preparation helps make all members of the litigation team more persuasive, with more credibility and with less stage fright. The truth is power, but cannot be sufficiently presented unless the lawyer and client work to unearth and present the truth through the testimony of the client, lay and expert witnesses, and trial exhibits. Many litigants from abroad come from countries with much different litigation systems (e.g., civil code systems), often including corrupt judges and unfair adjudication. As imperfect as the American judicial system is, litigants will fare better at trial by shedding expectations of corruption and unfairness in their trials. 

March 19, 2000: AUTOMOBILE NEGLIGENCE - Prevention and Advocacy - Automobiles are technological marvels, but negligent driving kills, maims, and injures. Injured automobile collision victims frequently suffer indignities from uncaring opposing automobile insurance companies. Most automobile insurance companies are well financed, will frequently refuse to pay a reasonable money settlement, and will frequently do their best to wear the collision victim down financially, emotionally, and timewise. An unrepresented automobile collision victim is no match to negotiate with and go to trial against a sophisticated automobile insurance company; an aggressive and effective lawyer is needed. The injury victim enhances the chances of a successful outcome by working closely and cooperatively with the victim's attorney, by adhering to and insisting upon the truth at all times, and by doing nothing to exaggerate the victim's injuries and the medical treatment that is needed. In the end, the goal is to obtain justice for a negligent party's carelessness, and not to turn one's misery into a cash cow. 

March 12, 2000: EMPOWERING THE HISPANIC COMMUNITY - Economic, Social, Educational and Political Empowerment. Following a recent report of a high level of poverty in the United States Hispanic community, "Legalmente Hablando" addresses the challenges facing the empowerment of the Hispanic community. The Hispanic community, like most ethnic communities, is far from monolithic, includes new immigrants and people who descend from several generations of immigrants, and includes roots in many countries. The Hispanic community is dynamic, with many successes, much hard work, and tremendous strength. The road to continued success will include continued economic, social, educational, and political participation and empowerment.  

March 5, 2000: DRIVING WHILE INTOXICATED - Prevention and Defense.  .Many people do not realize how few alcoholic drinks are needed to become liable for driving while intoxicated (DWI). Many people also do not realize that they have important rights they can assert to reduce their exposure to a DWI conviction, including the right to remain silent, to refuse a breath test and a field sobriety test, and to mount an aggressive court challenge against all allegations of intoxication and against harsh sentences. More information about this topic will be discussed during our March 5 show, and is also presented in our DWI article on this web site. 

February 27, 2000: MEDICAL MALPRACTICE.  All too often, medical negligence unreasonably places people's health and lives at risk. People should minimize these risks by carefully selecting doctors well in advance of any medical emergency, aggressively maintaining good health, and actively participating in their health care decisions. Medical malpractice can include failure to timely and properly diagnose and treat an ailment, failure to properly perform surgery, failure to enable the patient to make an informed decision, and failure to prescribe the correct medication and to advise about the medication's risks and side effects. Taking legal action against negligent doctors and other health care providers helps protect against future medical negligence. 

February 20, 2000: THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT (NACARA).  The filing deadline is approaching under section 202 of the Nicaraguan Adjustment and Central American Relief Act (NACARA), for our Nicaraguan and Cuban brothers and sisters. If you are Nicaraguan or Cuban, and you believe you may be eligible for relief under NACARA, consult with an attorney, as the March 31, 2000 deadline is fast approaching.

20 de febrero de 2000: NACARA. El capitulo de "Legalmente Hablando: La Voz del Inmigrante" del 20 de febrero de 2000, se trató de la ley NACARA y la fecha limite para nuestros hermanos nicaraguenses y cubanos bajo la sección 202 de dicha ley. Si usted piensa que quizá sea eligible para la protección de la ley NACARA, y usted es nicaraguense o cubano, consulte con un abogado competente de atender su caso, y acuerdese que la fecha limite para poner sus solicitudes NACARA con la INS es antes del 1 de abril 2000.

February 13, 2000: ASSAULT - Prevention and Criminal Defense.  As Valentine's Day approaches, we must not lose sight of the excess of violence that surrounds us, whether among friends, family members, or strangers. Criminal assault convictions can bring serious sentences; fair trials and sentences are not guaranteed. Abusive parents can lose custody of their children. It is a crime to bring false court accusations of assault and other crimes; yet such false reports are filed all the time. Parents must protect their children against abusive family members and abusive situations. Weapons against physical abuse include teaching by non-violent example; developing and fostering non-violent dispute resolution approaches in schools and everywhere else in society, and bringing physical abuse to the light of day. 

February 6, 2000: TIPS FOR NEW IMMIGRANTS - Easing the transition to life in the United States.  Life for new immigrants is filled with opportunity, hurdles, and potential landmines. The hurdles include reduced access to certain public services,  deportability for a host of criminal convictions, and unscrupulous businesses that try to leech off the language barriers and inexperience of newcomers. For undocumented immigrants, additional problems include fear of deportation, obstacles to obtaining legal employment, and problems obtaining driver's licenses and social security numbers. Fraudulently obtaining social security numbers, driver's licenses, and other public documents is a crime, and can harm any future efforts to adjust one's immigration status. Fraudulent documents are often obtained and used even when legal alternatives are available; IRS-provided tax identification numbers can substitute for social security numbers when paying taxes and when opening bank accounts, and not all jurisdictions require a social security number to obtain a driver's license. 

January 30, 2000: FINDING THE RIGHT LAWYER - In the Washington, D.C., area is a dizzying array of lawyers with countless specialties and subspecialties. This makes choosing the right lawyer all the more difficult. A potential client has the right to ask probing questions of a potential lawyer, including inquiring into the lawyer's experience, ability to be effective for the client, caring, and fee arrangements. The client has the right to insist on diligent and quality performance during the entire legal representation; this is always the lawyer's obligation. The good and ethical lawyer puts the client's interests ahead of money every time. Some non-lawyers provide legal services under the title of "Notary"; in some countries, obtaining notary status is an achievement, but in the United States, becoming a notary is extremely easy, and does not indicate any legal abilities.

January 23, 2000: UNITED STATES IMMIGRATION POLICIES - Supporting liberalized immigration policies, and opposing anti-immigrant laws. Allowing more liberal Immigration into the United States is good for the United States economy, society, and culture. A nation that has made so many advances for democracy, individual liberties, and equal opportunity should not shut out immigrants who seek the opportunities offered in the United States, and who are often fleeing oppression of human rights abuses, poverty, and war in their native lands. Too many politicians and citizens push an anti-immigrant agenda. Fortunately, the pro-immigrant movement continues to make substantial strides. 

January 16, 2000: HONORING MARTIN LUTHER KING, JR./ NACARA UPDATE FOR NICARAGUANS AND CUBANS. Civil Rights leader Martin Luther King, Jr., was assassinated thirty-one years ago. His memory and fight for social justice live on forever. In honor of Martin Luther King's birthday, "Legalmente Hablando's" first segment paid tribute to King and his battles against racism, segregation, and discrimination. The show's second segment discussed the upcoming filing deadlines at the end of March 2000 for Nicaraguans and Cubans under the Nicaraguan and Central American Relief Act (NACARA).

January 9, 2000: SEX WITH MINORS - Criminal penalties and deportation consequences. The criminal penalties can be extremely harsh for adults who engage in sexual activity with minors. The law, generally, does not permit the accused to avoid conviction by claiming that the alleged victim consented or that the alleged victim seemed to be of legal age. Non-citizens with felony convictions can be deported, excluded from re-entering the United States, and prevented from obtaining United States citizenship or other adjustments in their immigration status.

January 2, 2000: TELEMARKETERS AND SALESPEOPLE - Beware of fraud and sales pressure. Telemarketers and salespeople run from the legitimate to the fraudulent. Telemarketers frequently request and misuse personal information including credit card numbers, offer a chance to make a quick buck, and offer empty promises. Salespeople frequently play on people's fears and offer a false sense of comfort, often encouraging the trust of non-English speakers by speaking their language. Consumers need to be on guard with salespeople. When they are defrauded, the law is often there to protect them.   

For samples of Jon Katz, P.C.'s wins for justice, click here. (Each case is different (e.g., with a different set of facts, law, and adjudicators), and this listing is by no means meant to indicate the results JON KATZ, P.C., will obtain for future clients. Our goal, of course, is for winning advocacy at every turn).

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