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MARKROSENFELD LAWOFFICEOF
SEPTEMBER/OCTOBER 2020
310-424-3145 | MRDUILA.COM
Y ou learn a lot from summer jobs when you’re a teenager. Long before I was a lawyer, when I was in high school, I was involved in theater production. I worked in set design and construction, and I also ran shows. I ended up working on several summer productions throughout high school and even into college. These were paid gigs where I got a lot of valuable experience. In high school, I was involved with a theater summer camp. I built many of the sets and ran a bunch of shows. For weeks on end, I lived and worked theater in the area hills. I learned to work in difficult conditions and to work well with others. I also learned a lot about multitasking and taking on a variety of jobs at once. Those working in theater production are always moving and coordinating with others. I quickly learned where I needed to be and when. I also learned that everyone is replaceable. There was a big emphasis on cross-training people, so I was able to step into another role if needed. That helped keep productions running smoothly because we never knew if someone would be out or in the wrong spot on any given day. I needed to be prepared for anything. While it was a lot of hard work, it was rewarding because I got to see the result of my efforts. Just watching the production go on without a hitch, or with only minor glitches most of the audience would be unaware of, was very satisfying. I worked on everything from one-act plays to large musicals. I’d say I got the most out of the musicals. Those shows were typically the most complex, but I got to listen to music and see some pretty great performances. The Summer Job That Prepared Me for the ‘Theater’ of the Courtroom
Through it all, I also learned how to be in control of a lot of moving parts. Those in theater production absolutely have to be detail- oriented. If they aren’t, they could miss something. Even something as small as a prop in the wrong place is a mistake that could throw off the entire production. When the actor misses a prop or stumbles over their lines, people notice, and we were held accountable. More than that, I learned how to show up early and work hard. I stayed until the job was done. After all, the show must go on! These are lessons that I have carried with me into my practice all these years later. When I’m preparing for a case, I start early and work late. The job doesn’t stop until we reach a settlement or the jury has its say. And, in many ways, the courtroom is a theater. I have a message I need to get across to the judge and jury. I have to make sure my message goes off without a hitch. Every piece of my “production” needs to be just right — everything needs to be in the right place. I look back fondly on my years working in theater, especially those summer theater jobs. They left me with many great memories and many important lessons that I continue to put into practice every day.
–Mark Rosenfeld, Esq.
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HALLOWEEN MYTHS THE MEDIA LOVES TO SCARE US WITH RAZOR BLADES AND POT?
THC THC (tetrahydrocannabinol) is the primary psychoactive compound found in cannabis, and it’s the chemical that makes people high. In more recent years, there have been an increasing number of stories spread on social media about THC-laced candy or edibles being found in kids’ candy bags. There are also news stories of THC-laced candy being found during warranted searches. However, that’s as far as the story goes, at least when it comes to Halloween. In 2019, police in Johnstown, Pennsylvania, warned parents to be on the lookout for THC-laced candies after they found some in a bust. While the warning was certainly valid, nothing ever came of it. Should you check your child’s candy? Most definitely! It’s always good to check just in case, though the danger is negligible. That said, kids should never take unwrapped or homemade treats while trick-or-treating. This has less to do with hidden razors and more to do with simply not knowing what’s in those items, such as potential allergens.
For many people, Halloween is the time of year when certain spooky myths and superstitions come alive. It’s when we hear stories of black cats and bad luck or ghosts in the attic. But there are some recent myths that often get perpetuated by both mainstream and social media — stories that frighten parents and create an anxious, fearful atmosphere. Razor Blades and Poison For a long time, the “razor blades in candy” has been a go-to media story. Every year around Halloween, you’re sure to see your local news running a segment that encourages parents to check their kids’ candy for tampering so their children don’t swallow razor blades or poison. There have been zero substantiated cases of any child or parent finding a razor blade hidden in the chocolate and nougat. There has, however, been one lone case of a child being poisoned. In 1974, a father hid cyanide in his son’s candy in Texas, leading to the child’s death. It was discovered that the father was attempting to collect life insurance to ease his $100,000 debt.
ON THE DEFENSE
4 DUI Charge Defenses
No. 2: Invalid Arrest – Lack of Probable Cause Following a legal traffic stop, the law enforcement officer must have sufficient evidence before they can arrest you. This evidence suggests that there is “probable cause” for arrest. Examples include the results of field sobriety tests and the officer’s observations. If the officer cannot present enough facts for a probable cause, then all other evidence gathered after your arrest may be invalid. No. 3: Field Test – Lack of Reliability The officer is likely to request a series of field sobriety tests or other physical tests after they pull you over. Field sobriety tests are not the most reliable tests because alcohol is not the only factor that can affect your physical abilities. There can be other variables. Additionally, there are guidelines regarding how an officer should administer this test, and if the officer failed to follow these guidelines to the letter, the results might be considered invalid. No. 4: Eye Test – Lack of Expertise The horizontal gaze nystagmus (HGN) test looks at the involuntary movement of the eye, which changes in a person who is impaired by alcohol. This is a tricky exam that often requires an expert. The shaky science behind this test and the lack of expertise among officers can make this test inadmissible as evidence or simply too complex for judges to take the time to entertain.
When someone is arrested for driving under the influence, they are often worried about what happens after they are charged. Will they face steep consequences? In some cases, the answer is yes, there may be serious consequences. However, when they work with an experienced
DUI defense lawyer, that lawyer can use their knowledge and expertise to
develop a potential defense based on the circumstances surrounding the arrest and charge and may be able to get the charge reduced or dismissed. Here are four examples of those potential defenses. No. 1: Invalid Stop – Lack of Reasonable Suspicion Traffic officers are required to have “reasonable suspicion” before they can stop someone on the road. If there is evidence that the officer lacked reasonable suspicion (for example, if they acted on an unverified anonymous tip or even on a hunch), then the traffic stop might be invalid.
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DUI FAQS
What Is an Ignition Interlock Device?
n ignition interlock device (IID) is a machine or instrument that gets installed into a person’s car. It’s hardwired into the car’s ignition system, and if properly installed, it does not cause permanent damage or affect the car in any negative way. It’s simply a temporary addition to your car’s normal electronics.
An ignition interlock device is usually a small, handheld device with a wire that runs underneath the dash of the car. These devices may be required of anybody in Los Angeles County who has been convicted of driving under the influence.
The machine is designed to screen for alcohol in a person’s breath. An ignition interlock device can be set for certain levels, so if someone were to have an estimated blood alcohol level of 0.01 or 0.02, the ignition interlock device would stop the person from being able to start the car. It’s important to note that the ignition interlock devices will not cut off a car, so if you’re driving down the street and somebody blows into an ignition interlock device in a car that’s already running, it’s not going to stop the car from running, but it will store that information and it could report it to the service provider and possibly to the court.
The device can be required for a first-time DUI offender or those with multiple offenses, depending on the charge. Here’s one more important piece of information: There are fees associated
with this device. Ignition interlock companies charge an installation fee and a removal fee. They often also charge a monitoring fee to check the equipment on a regular basis. And yes, the person court-ordered to have the device installed is responsible for these fees.
WORD SEARCH
Andrea’s Kitchen
Pumpkins aren’t just for pie — they make delicious soup, too! This fall, try your hand at this healthy soup recipe and warm up with a bowl. Classic Pumpkin Soup
Apples Calendula Candy Halloween Horror Masks Opal Popcorn Scary Scream
Ingredients
• 1 tbsp olive oil • 2 shallots, diced • 3 cloves garlic, minced • 2 1/4 cups pumpkin purée (homemade or canned) • 2 cups vegetable broth • 1 cup canned light coconut milk • 2 tbsp honey
Inspired by MinimalistBaker.com
• 1/4 tsp sea salt • 1/4 tsp pepper • 1/4 tsp cinnamon • 1/4 tsp nutmeg
Treat Trick
Directions
1. In a large saucepan over medium heat, sauté olive oil, shallots, and garlic for 2–3 minutes. 2. Add the remaining ingredients and bring to a simmer. 3. Transfer the soup to a blender and purée. Pour the blended soup back into the pan. 4. Cook over medium-low heat for 5–10 minutes. Taste and add additional seasoning as desired, then serve!
You never have to go it alone if you’re charged with a crime or facing any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys). LEGAL ADVERTISEMENT
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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145
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INSIDE THIS ISSUE
1 2
How I Prepared for the ‘Theater’ of the Courtroom
False Halloween Myths Perpetuated by the Media
4 DUI Charge Defenses You May Not Know About
3
What Is an Ignition Interlock Device?
Classic Pumpkin Soup
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The Weird Things Celebs Tried to Trademark
Never face a legal problem alone. Anytime legal help is needed, please call my office right away. My office will make sure you get the right attorney and the help you need.
CATCHPHRASE!
6 THINGS CELEBRITIES TRIED TO TRADEMARK — AND SOME WHO SUCCEEDED
Celebrities love to trademark all sorts of things for one simple reason: People associate certain words with the celebrity’s brand, and the celebrity wants to protect that. It makes sense from a business perspective, but sometimes, it can get a little silly. Read on to see what the U.S. Trademark and Patent Office gave its blessing to and which trademarks it outright refused to create. Blue Ivy Carter Just days before their first daughter was born in 2012, Beyoncé and Jay-Z filed for a trademark on her name. The problem was that a wedding planning company called Blue Ivy was already using the
its creator, boxing announcer Michael Buffer. Even better, it’s made Buffer a very wealthy man. To date, he has made nearly $500 million dollars by licensing the trademark. ‘Rock Star From Mars’ Back in 2011, actor Charlie Sheen had a very public meltdown. During the episode, he rambled off countless phrases such as “Duh, winning,” “tiger blood,” and “rock star from Mars.” In the end, he tried to trademark a total of 22 phrases, but all were rejected by the U.S. Patent and Trademark Office. ‘You’re fired!’ Donald Trump is known for many things, including emblazoning his name on everything he owns. Long before he was president and while host of “The Apprentice,” he filed a trademark on the show’s catchphrase. It was denied because it was too close to a preexisting (and trademarked) board game called You’re Hired. ‘BAM!’ TV chef Emeril Lagasse was a pioneer in the world of cooking shows. He popularized cooking on TV and captivated audiences by exclaiming one simple phrase every time he added an ingredient to whatever he was making: “BAM!” Naturally, he trademarked his signature phrase, but he doesn’t discourage people from using it as long as they keep it in the kitchen.
name. Plus, Jay-Z mentioned to the media that their intention was to prevent others from using it. The trademark was denied.
Kylie This generic trademark was filed by Kylie Jenner (of the Kardashians and Jenners). Her intention was to use her trademarked name for marketing purposes. The trademark was denied, and Jenner even ended up in a brief legal battle with singer Kylie Minogue.
‘Let’s get ready to rumble!’ One of the most well-known catchphrases of all time was successfully trademarked in 1992 by
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