Who Is A Consumer?

A consumer is identified as one who buys goods or services for self-consumption and not for any trade purpose, such as resale or any other commercial purpose. Therefore, this definition, does not apply for Traders, Manufactures and value-added resellers.
 

What Are Your Rights As Consumers?
Basic Needs:

The right to basic goods and services which guarantee survival: adequate food, clothing, shelter, health care, education and sanitation.
Safety:
The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life.
 Information:
The right to be protected against dishonest or misleading advertising or labelling, And the right to be given the facts and information needed to make an informed choice.
Choice:
The right to choose products and services at competitive prices with assurances of satisfactory quality.
Representation:
The right to express consumer interests in the making and execution of government policy.
 Redress:
The right to be compensated for misrepresentation, shoddy goods or deficient or unsatisfactory services.
Consumer Education:
The right to acquire the knowledge and skills necessary to be an informed consumer.
 Healthy Environment:
The right to live and work in an environment which is neither threatening nor dangerous and which permits a life of dignity and well-being.

Do The Sellers Have Any Rights?

Sellers do not have to refund your money just because you change your mind or if you damage the goods yourself.

They do not have to give you a refund if you knew, or should have known, about the fault when you bought the goods.  For example, obvious faults in goods marked as ‘seconds’.

What Are The Precautions To Be Taken Before Purchasing Any Commodity?
Think about what you want the product to do
 Shop around for the best deal
Compare quality and price 
Ask for advice
Inspect goods carefully  
 Keep all invoices, dockets and receipts.

If things go wrong inspite of the precautions, be sure you did not cause the faults. Stop using the faulty goods. Let the seller know as soon as possible. Return the faulty goods as soon as you can or, if they are too large to handle, write to the seller.  Give details of the fault and what you want to do about it. Take proof of purchase with you, for example, a receipt or a credit card slip. Ask to see the manager or the owner.  Often you can settle things then and there.  If you can’t see someone in authority, write a letter.  Explain the problem calmly and clearly. If you leave the goods with the store, make sure you get a receipt. Make sure you look after the goods while they are still in your care.

What Do You Do If The Seller Does Not Agree?

If you and the seller cannot agree, seek advice from some consumer organisations.  If there is not much money involved, you could go to your local customer courts or small causes court.  If there is a fair amount of money involved, you might prefer to get advice from a lawyer or a relevant organisation, for example, Small Investors Association.  Your last resort is to go to Court.

When are you entitled to a refund, repair or exchange of any good and services purchased?

If the goods you buy:
Have some basic, serious fault you could not have known about, when you bought them, for example, a heel should not come off your shoe the first time you wear it:
Does not perform the job that you were made to believe it would, for example, if the glue shop told you that the glue would fix plastic and it only fixes wood:
Are not what they are described as, for example, shoes with plastic soles should not be called ‘all leather shoe’
The goods do not match the sample you were shown.

These are your rights as a consumer.  They cannot be taken away or voided by any other guarantee or warranty offered with the goods.

So do not give up, if a seller tries to tell you that your warranty has run out and you do not have any more rights.  The seller may offer to repair the goods or exchange them.  But you have a right to insist on a refund, if that is what you want.

Services 

In some workshops, or on some services dockets or tickets you may find signs or statements like:

No responsibility for loss or damage; ‘goods left for repair at your own risk’; or ‘All care but no responsibility taken’.  

These signs are misleading.  You must be compensated for services that are not carried out with due care and skill,  for example, carpet cleaners are responsible for making sure your carpet does not shrink or your furniture is not damaged.  Repairs or services must be carried out professionally using the right materials.  You may also have a right to compensation for any loss or damage caused by faulty goods and services.

You have to report the fault or take goods back as soon as possible.

If the goods were bought on hire purchase, you can only ask for a refund of your deposit, any trade-in value, any

payments you have made and cancellations of balance outstanding on those goods. If you have already had a fair bit of use from the goods, you may only have a right to part refund, or repair.
 

Who Can File A Complaint?

         Consumer

        Consumer organisation  

         Representative of many consumers 

         Central and State Governments
 

Against Whom Can You File A Consumer Complaint?

Manufacturers/ providers of goods and services, value adders, retailers and Traders. But it should be noted that a consumer complaint can not be filed against providers of free goods and services.
 

How Do Consumer Courts Function?

The bench at the District forum and State Commission consists of a President and two nominated members, male and female. The President of this forum is usually a District or High Court Judge.  The decision of these members is final.  The National Commission has five member bench, the president being a Supreme Court Judge, and four other members, one of them being a nominated lady member.

The Consumer Courts do not charge any Court fee. Like in the usual case, the complainant can appear himself, through a lawyer or a registered consumer protection organisation. Under the Consumer Protection Act, the cases received by these courts are solved / disposed with in three months of receiving the complaint
 

What Are The Essential Points For The Complainant Before Taking Legal Action?

         Collect all the relevant documents relating to the complaint, such as, guarantee card, receipt, terms of agreement, cutting/clipping of the advertisement, bills, any other correspondence like letter of acknowledgement. 

         Write to the opposite party stating your complaint. Give them 10 – 15 days to respond to your letter.

         Complainant should not part with these documents unless the court asks for it.

Warning: Buying A House, Don’t Pay For The Parking Space-It Is Illegal!

Owning a vehicle is multi-pronged torture. The cars are costly, the fuels costlier and then there are parking spaces. While a hike in fuel prices is unfortunately perfectly legal, the ever increasing prices of the parking lot that comes with your flat isn’t exactly so.

Have you ever wondered why your builder is charging exorbitant price for selling out a parking space when it should be an obvious ancillary benefit with the flat you purchase? You are neither wrong nor alone. Builders across country have been minting money out of this ridiculous practice, tormenting the hapless flat owners who are usually left with no choice but to shell out the money. Several flat-owners all over our country have dealt with the menace of buying car parking space from builders at ridiculous costs. The price demanded by builders for a single parking space is anywhere in the range of one lakh to fifteen lakh rupees. Some of the richer flat-owners with a lot of disposable income even purchase multiple parking spaces for themselves.

So acceptable is this practise that no one normally even wonders if it is legal or not. But one harrowed consumer did notice this and contacted Akosha. And of course, our team diligently got down getting the exact legal position in this regard. We honestly weren’t surprised. This practise is indeed illegal, struck down by the Supreme Court itself.

Supreme Court, in its 2010 verdict has clearly stated that “Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”. The court reasoned that these spaces are part of the “common areas” in flat complexes and are therefore “not saleable independently as a flat or along with a flat”.

In absence of legislation to the contrary, this verdict of Supreme Court is the law of the land and any builder “selling” out the parking space is clearly in violation of the law. The practise in short is downright illegal. High Courts and Consumer Forums across India have extensively struck down this practise based on this Supreme Court verdict.  Any consumer aggrieved by this practise has sufficient grounds to approach the Consumer Forum for relief if the builder refuses to relent and continues to torment them with exorbitantly priced parking spaces.

For Students: Looking for Business Idea? Look Here!

I've recently been really into helping students make money on their own by organizing and developing their own business. As I've pondered the millions of ideas out there I came up with 5 of the the best and easiest ones out there with the least amount of start-up cash needed. If you feel that you're son or daughter or if you yourself are a student looking to make extra cash this summer or maybe next fall and you'd like to become your own boss and have the ability to make a decent amount of money then this article is definitely something you'll enjoy reading.

I am going to go over 4 business ideas and then at the end I hope that you have found one of them interesting enough to give it a try. If you feel that there wasn't anything in this article suitable for you then I insist that you do some research because the market is hot at this time, especially for students and taking advantage of this hot market will be to your advantage. Good luck!

Business Idea#1

Run Errands: I don't know if you've noticed but these days time is really tight and most people just don't have enough time to get everything on their daily to-do lists done anymore. Starting an errands business would be great. Especially for high school students who are looking to not be inside of the house since they are now have a license. This business doesn't require any start-up cash at all. All that is needed is some advertising and word of mouth can be the solution. Offer your services to family and make sure to get at least half of the cash up front.

Business Idea#2

Ebay Seller: Now this might sound like something a student can't do, but that assumption is wrong. Most students know at least a little bit about Ebay and the chance to make money with Ebay is definitely there. All you need to do is have someone lend you their unwanted items to put them up for sale. You will charge a commission based on how much the items sold for. You can also specify that you will not handle deliveries; this will allow you more time to work on getting more sales. This business idea is great and all you need is a little Ebay selling knowledge which could be gained by doing a little research on their site.

Business Idea#3

Repairing: Are you good at fixing things? Maybe you know about something that other people don't and repairing it just comes easy to you. Well if this sounds like you then offering your services can be just the start you need. Again there is no need for any start-up cash and the jobs will for sure come by putting out the word of mouth.

Business Idea#4

Baby sitting: Everyone knows that babysitting is a job that will be consistent and never fail. It's not like if someone can just have enough babysitting and therefore jumping into this market by offering your services will do you good in many ways. Other than the awesome references that you can make you will also be able to generate a steady amount of money. All that is needed for this job is some patience, word of mouth, and maybe some fliers to let people know outside of your close circle.

Now that I have told you about these wonderful 5 business ideas that would be perfect for students all over the country I hope that you will go out and decide to start your own business whether it be from this list or something you come up with yourself.

 

Right To Privacy

The right to privacy in India has derived itself from essentially two sources: the common law of torts and the constitutional law In common law, a private action for damages for unlawful invasion of privacy is maintainable. The printer and publisher of a journal, magazine or book are liable in damages if they publish any matter concerning the private life of the individual without such person's consent. There are two exceptions to this rule: first, that the right to privacy does not survive once the publication is a matter of public record and, second, when the publication relates to the discharge of the official duties of a public servant, an action is not maintainable unless the publication is proved to be false, malicious or is in reckless disregard for truth.

In India, the Constitution does not expressly recognize the right to privacy. The concept of privacy as a fundamental right first evolved in 1964 in the case of Kharak Singh v State of Uttar Pradesh. The Supreme Court, for the first time, recognized that there is a right of privacy implicit in the Indian Constitution under Article 21. The Court held that the Right to Privacy is an integral part of the Right to Life, but with out any clear cut laws, it still remains in the grey area.

In Kharak Singh v State of Uttar Pradesh, Supreme Court of India struck down Regulation which authorized domiciliary visits as being unconstitutional but upheld the other provisions of surveillance under that Regulation. Their view was based on the conclusion that the infringement of a fundamental right must be both direct as well as tangible and that the freedom guaranteed under Article 19(1)(a) - a right to freedom of speech and expression - was not infringed by a watch being kept over the movements of a suspect. At that time court did not recognize the right of privacy. But in Gobind v. State of M.P , also a case of surveillance, the Supreme Court, while upholding the regulation in question which authorized domiciliary visits by security personal, also held ........Depending on the character and the antecedent of the person subjected to surveillance as also the object the limitation under which surveillance is made, it cannot be said surveillance by domiciliary visit would always be unreasonable restriction upon the right of privacy. Assuming that the fundamental right explicitly guaranteed to a citizen of have penumbral zone and that right is itself a fundamental right that fundamental right must be subject to restriction on the basis of compelling public interest.

Right to privacy v Right to know

The conflict between right to know and the privacy by imaging relationship and situation pertinent to both concluded that the right to know and right to privacy are two of the most ambiguous legal area today facing government the court, the public and individuals. The welfare of the society is the primary duty of every civilized state. In Mr X v Hospital Z the supreme court held that it was open to hospital authorities or the doctor concerned to revel such information to the person related girl whom he intended to marry and she had right to know about the HIV status of the appellant. A three judge bench of the supreme court held that the disclosure of HIV positive status justified as a girl has right to know , there was no need to for this court to go further and declare in general as to what right and obligation arise in such context as to right to privacy

An encroachment upon one's privacy is only shielded if the offender is the state and not a private entity. If the offender is a private individual then there is no effective remedy except in tort where one can claim damages for intruding in his privacy and no more. In R.Rajagopal v State of TN the Supreme Court held that the right to privacy is a right to be let alone. None can publish anything concerning the above matters without his consent, whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages.

The right to privacy is not however, absolute; reasonable restriction can be placed thereon in public interest under article 19(5) MATHEW, J.., observed in Govind case.

 of secrecy and stresses the priority of human values.

Smoking deaths triple over decade: Tobacco report:

(Reuters) - Tobacco-related deaths have nearly tripled in the past decade and big tobacco firms are undermining public efforts that could save millions, a report led by the health campaign group the World Lung Foundation (WLF) said on Wednesday.


In the report, marking the tenth anniversary of its first Tobacco Atlas, the WLF and the American Cancer Society said if current trends continue, a billion people will die from tobacco use and exposure this century - one person every six seconds.

Tobacco has killed 50 million people in the last 10 years, and tobacco is responsible for more than 15 percent of all male deaths and 7 percent of female deaths, the new Tobacco Atlas report found. (www.tobaccoatlas.org)

In China, tobacco is already the number one killer - causing 1.2 million deaths a year - and that number is expected to rise to 3.5 million a year by 2030, the report said.

That is part of a broader shift, with smoking rates in the developed world declining but numbers growing in poorer regions, said Michael Eriksen, one of the report's authors and director of the Institute of Public Health at Georgia State University.

"If we don't act, the projections for the future are even more morbid. And the burden of death caused by tobacco is increasingly one of the developing world, particularly Asia, the Middle East and Africa," he said in an interview.

Almost 80 percent of people who die from tobacco-related illnesses now come from low- and middle-income countries. In Turkey, 38 percent of male deaths are from smoking-related illnesses, though smoking also remains the biggest killer of American women too.

WLF's chief executive Peter Baldini accused the tobacco industry of thriving on ignorance about the true effect of smoking and "misinformation to subvert health policies that could save millions".

The report said the industry had stepped up its fight against anti-tobacco policies, launching legal challenges and seeking to delay or stop the introduction of plain packaging, legislation banning smoking in public places, advertising bans and health warnings on packets.

The world's six biggest tobacco firms made $35.1 billion in profits in 2010 - equal to the combined earnings of Coca-Cola, Microsoft and McDonald's, the report said.

Smoking causes lung cancer as well as several other chronic pulmonary diseases and is a major risk factor in heart disease, the world's number one killer.

More than 170 countries have signed up to a World Health Organization-led convention committing them to cut smoking rates, limiting exposure to second-hand smoke, and curbing tobacco advertising and promotion.

WHO director general Margaret Chan said thanks in part to that convention, 1.1 billion people have in the past two years become covered by at least one measure designed to curb tobacco use. She added, however, that the battle was far from over and urged more countries to fight the industry.

"We must never allow the tobacco industry to get the upper hand," she said in a foreword to the report. "Tobacco is a killer. It should not be advertised, subsidized or glamorized." 

Entertainment Law

Introduction

Everyday, Dr X counsel people who have dug the proverbial grave for themselves because of the manner in which they comport themselves or conduct business. Dr X has  written this article in order to impart what my years in the worlds of law, business and metaphysics have taught me. These "9 Golden Rules" are simply tools for creating a more positive and productive professional life. We hope you find them helpful.

1.  Do Not Lie
Your word and reputation are priceless commodities in an industry riddled with hype and lying wannabes. Be truthful no matter the consequences and you will stand out as a person of integrity.

For example, do not tell sales agents you have an actor attached, when you do not. The truth eventually catches up with you and you may face: losing your credibility, being permanently shunned by the actor and/or her agent, and/or may have a legal claim filed against you for having made the misrepresentation.

2.  Do Not Steal
If it is not yours, then do not take it be it an idea, an equity contact, a piece of equipment, or otherwise.
For example, someone shares an idea for a screenplay with you, which you usurp, rationalizing that it happens all the time or, in fact, has happened to you. If you are completely passionate about the idea and you cannot get it out of your system, then ask the disclosing party if he would mind partnering up with you. If the disclosing party declines, despite your passion for the project, move on knowing that the Universe is full of ideas ready for the picking. If you go on and steal the idea, you may not able to warrant and represent that the idea is wholly original to you, when called upon to do so. Furthermore, the disclosing party may file a legal claim against you for breach of an implied contract.

3.  Be Fair/Do Not Be Greedy
People tend to assert their power in a deal when they are in the power position. Avoid the temptation to squeeze the last penny, or deal term, out of a negotiation if the aforementioned does not affect you negatively, and if it is going to result in someone being treated unfairly. Remember, everyone has to work together when the deal is done. Resentment is going to permeate your relationship with the unfairly treated party; it is virtually impossible to have a positive working relationship with someone who resents you.

4.  Do Not Gossip
Gossip can ruin a person’s career, business relationships and personal life. Do not succumb to the temptation to gossip, even if the information is based in fact, because everyone (you included) has done, or will do, something regretful. If you decide to proceed, remember that the gossiper rarely makes a good impression: the person with whom you share the gossip will wonder if you will ever do the same to her, and you may be perceived as a liar, back stabber and petty person.

5.  Treat People The Way You Want To Be Treated
You need as many people in your corner as possible when you are on the rise. Treat everyone from the assistant to the studio executive with respect, kindness and honesty. People may put up with arrogance and attitude from a director whose movies gross over $100 million dollars at the box office, but they do not have to tolerate the same from a nobody. In other words, be the kind of person people want to know and with whom they want to work.
Also, the assistants and the junior agents are the gatekeepers for the people to whom you need access. Make allies of the gatekeepers by being pleasant and sensitive to the stresses of their job. They will be more apt to assist you if you are friendly and respectful to them. It is also important for you to note that the assistant to whom you are speaking today may be the studio executive with the ability to green light your picture tomorrow.

7.  Lend A Helping Hand
Function as if opportunity is abundant and it will be so. Share information and contacts when called to do so. It is perfectly acceptable to decline this request if this referral is going to be detrimental to you i.e., the referral will reflect badly on you.

8.  Keep Your Commitments
People tend to make commitments they do not honor for a myriad of selfish reasons. You need to be able to depend on people just as much as they need to depend on you. Keep your word unless the object of your promise is illegal, immoral, or likely to harm someone other than yourself. If you decide that you cannot keep your commitment, then be mature and up front about it so that the other party can make other arrangements.

9.  Give Back
The Universe is like a saving account --you have to make deposits if you want continue making withdrawals. Make time to share your accomplishments with others: be a mentor, make referrals, executive produce a film for an up-and-coming filmmaker, give to charity, be a speaker at your child’s school career day, etc.

Conclusion
Working in the film industry is full of complications and stress. Why complicate matters further by being dishonest, undignified and unfair? Approach your business dealings from a positive place and you are more likely to succeed, and enjoy your success.

What To Do When You Are Arrested

........................................................................................................

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something.
Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.

What Rights Do I Have?

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested.
Before the law enforcement officer questions you, he or she should tell you that:
# You have the right to remain silent.
# Anything you say may be used against you.
# You have a right to have a lawyer present while you are questioned.
# If you cannot afford a lawyer, one will be appointed for you.
These are your rights, guaranteed by the Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Once I Am Told My Rights, Can I Be Questioned?
You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license will be suspended and the refusal will be used against you in court. Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area.

When Should I See A Lawyer?
If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.

Who Can Arrest Me?
All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you.

They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.

If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.

Can Someone Other Than A Police Officer Arrest Me?
Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed. (A misdemeanor is a criminal offense, usually punishable with a fine or short jail term.) They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody.

When Is An Arrest Warrant Used?
Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property.

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description.

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.

Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window.

If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as practical.

The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.

Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury.

When Can I Be Released?
If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest.

What Is Bail And How Is It Set?
The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each state. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense.

Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner.

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release.

Instead of paying bail, you might be released on your own recognizance or "O.R." (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail.

Who Maintains Arrest Records And What Do They Include?
Local police departments and the State Department of Justice keep arrest records. According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background.

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions.

If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record.

What Happens At An Arraignment?
You have a right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a municipal or a justice court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set.

If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges. Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony.

Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.

What Happens At A Preliminary Hearing?
During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney's office must present evidence showing a reasonable suspicion that a felony was committed and that you did it to convince the judge that you should be brought to trial.

You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held.

If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings.

When Can An Officer Conduct A Search?
An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.

When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, that is in plain sight.

Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason - such as a broken tail light - they can take any illegal goods in plain sight.

If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.