Tomas Michael Flores’s Answers

Tomas Michael Flores

San Jose Licensing Attorney.

Contributor Level 9
  1. Is there any trouble if I use a word that first created in a movie for my business?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Tomas Michael Flores
    3. Dariush G. Adli
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    I agree with Mr. Ballard, however, there are other things to consider, including what type of business do you intend to use the name for, and what goods/services you intend to provide. Trademark owners enjoy certain rights in regards to domain names. I would recommend looking over the UDRP, and getting a consultation with an attorney who practices Trademark, and Internet Law.

    6 lawyers agreed with this answer

  2. If you fail to appear in court for traffic violation

    Answered over 1 year ago.

    1. Chris J Feasel
    2. Tomas Michael Flores
    3. Paul J. Denni Esq.
    4. Linda A Iannelli
    4 lawyer answers

    You cannot challenge identity if you, or your lawyer does not appear in court. A good way to fight identity is to have your attorney show up for you, while you are not in the court room. The officer, in my experience, has to make a positive identification on the photo in your drivers' license. I have seen traffic officers look at the license photo and testify that they cannot remember pulling this person over. This strategy is lost if you are sitting in the court room, and the officer...

    5 lawyers agreed with this answer

  3. I need a criminal defense attorney asap!

    Answered almost 2 years ago.

    1. Seth P Chazin
    2. Tai Christopher Bogan
    3. Jared Christian Winter
    4. Tomas Michael Flores
    5. Steven W Zachary
    5 lawyer answers

    This case is a civil restraining order case. There are several different ways to handle these types of cases. An attorney could assist you in negotiating an out of court settlement, or assist you in taking this matter to trial. I have handled around 100 civil restraining order cases,. Securing legal counsel is very important because losing the trial could negatively impact your child custody and visitation. While disobeying a restraining order, even if the order is temporary, could...

    5 lawyers agreed with this answer

  4. Could I face criminal liability under CA criminal code for chopping off my finger and charging people to watch on the internet

    Answered almost 6 years ago.

    1. Tomas Michael Flores
    2. David Carl Beyersdorf
    3. Brian Richard Dinday
    3 lawyer answers

    Dear Sir, Please abandon this course of conduct immediately. The District Attorney's Office may charge you and your accomplice with a multitude of crimes, including but not limited to the following, and attempts of the following: "California Penal Code Section 401. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony." "California Penal Code Section 203. Every person who unlawfully and maliciously deprives a human being...

    1 lawyer agreed with this answer

    7 people marked this answer as helpful

  5. What are the consequence if someone I used to date is sharing naked pictures of me to his friends without my consent?

    Answered over 1 year ago.

    1. Tomas Michael Flores
    2. Sidney Christopher Winter
    2 lawyer answers

    I'm very sorry this happened to you. However, now that you know what this person is doing, you should act immediately. If you wait, you may harm your legal rights. Unfortunately, the time to act is now. As the victim of these actions, you have several different options. It depends on what you want: Do you want the person to stop distributing the materials? Do you want the person to go to jail? Do you want this person to pay you money? All of the above? The short answer is yes,...

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  6. Can infractions (California) which are non-traffic but are dealt in traffic courts come up in criminal background check?

    Answered over 1 year ago.

    1. Tomas Michael Flores
    2. Tai Christopher Bogan
    3. Jason Robert Miller
    4. Alin Dorian Cintean
    4 lawyer answers

    Generally, no - only misdemeanor and felony convictions appear on the criminal background checks that I've seen. However, if you are applying to the FBI, CIA, NSA, the military, or law enforcement, there is a pretty good idea that they will know about all infractions, traffic tickets, and late library books.

    4 lawyers agreed with this answer

  7. Can a company that develops a site for a client sell that code or template to others?

    Answered over 1 year ago.

    1. Tomas Michael Flores
    2. Bruce E. Burdick
    3. Kevin Lewis King
    3 lawyer answers

    If the client bought the code outright, then yes, the company could sell the code. However, this case will depend heavily on exactly what the contract says, and possibly communications between the parties during the negotiations process. Ordinarily, copyright ownership vests in the author of the work. 17 USC §201(a). One exception to this rule, however, concerns "works made for hire." 17 USC §201(b). In general, a "work made for hire" is either (1) a work prepared by an employee within the...

    4 lawyers agreed with this answer

  8. I had a DUI conviction in 2004 and just received my 2nd and 3rd DUI arrests. What if I wasn't driving on the 2nd arrest?

    Answered almost 2 years ago.

    1. Denis Hurley White Jr
    2. Mark K Rosenfeld
    3. Michael Korry Bialys
    4. Bart Charles Craytor
    5. Tomas Michael Flores
    5 lawyer answers

    If you weren't driving, then you weren't driving. End of story. We would have to supply the actual driver of the vehicle for the best possible defense to the second DUI case. Some of the local police cruisers have video capabilities, and the video may show someone else driving. Your attorney would make a motion to review it after the arraignment. Before we attack the throwing up prior to the breath test issue, we have to see what the test results are, review the police report, and...

    4 lawyers agreed with this answer

  9. Ok to use team names, player names, movie titles, characters, Musician names, product names, song titles in a game?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Tomas Michael Flores
    3. Shawn Michael Haggerty
    3 lawyer answers

    Generally, facts are not protected by Copyright Law. However, these types of issues are fact specific and the advice you need will depend on the game you're making. In order to give you the best advice, you will have to take the game prototype into a lawyer's office and have him or her take a look at it. Further, you will have to include a very thorough disclaimer in this game regarding trademark ownership. Also, you might need to get some name and likeness rights - again, depending on...

    3 lawyers agreed with this answer

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  10. Me negaron renovar Sentri por DUI en el ano 2007. En la informacion recibida aparece (FBI1#458619WC1)

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. Anthony Michael Solis
    3. Jasen Bodie Nielsen
    4. David Philip Shapiro
    5. Tomas Michael Flores
    5 lawyer answers

    Qué pena. Lamento lo que pasó. Puede ser posible renovar si usted es capaz de borrar el DUI de su registro. En Ingles, se llama "expungement." El archivo del FBI esta probablemente el resultado de una investigación sobre la Sentri. Sin embargo, la Sentri es un asunto federal que puede haber sido revocada debido a la cuestión California. Se trata de dos sistemas diferentes. -Tomas M. Flores, Esq.

    3 lawyers agreed with this answer