Criminal Law

A crime is an act or omission of an act that violates public rulesand regulations. Criminal laws in the United States were enacted tomaintain safety and security and ensure the citizens enjoy theirliberties by prohibiting or regulating certain acts. People whoviolate criminal laws face fines, penalties or imprisonment, ordeath, in certain jurisdictions. Criminal laws, just like almost allother laws, originated with common law and its interpretation, andthe development of these interpretations through the years. Specificincidents, in both national and state arena, also drive legislatorsinto formulating new rules and regulations to address theseincidents.

How a crime is defined and what is considered a crime differs fromone state to another's penal code. A state's penal code isaccompanied with enabling rules and regulations. There are alsofederal crimes and federal criminal laws govern these crimes. Fromthe criminal rules and regulations are created law enforcementagencies, such as the police in the state level, and the FederalBureau of Investigation in the federal level, to make sure criminallaws are not violated. The U.S. Constitution, through the Bill ofRights, is the primary law of the land that limits how criminal lawsshould be applied.

A crime is jurisdiction-specific, which means the law where the crimeis committed governs that crime. It follows that jurisdiction remainswhere the crime was committed. One of the issues that make criminallaw a turf only for experts is the differences among criminal laws indifferent jurisdictions. More than 50 states and territories comprisethe United States. Add to that the federal criminal law that governsfederal crimes, and the crimes committed in other jurisdictionsconsidered to be American jurisdictions, such as a ship, an aircarrier, or an embassy. Jurisdiction, thus, becomes a complicatedmatter when a crime in one state may not be a crime in another.Jurisdiction becomes more complicated when a crime is both a statecrime and a federal crime, resulting to overlapping jurisdiction.

Legal research work in criminal cases is exhaustive. Jurisdictiondetermines whether a precedent is binding. An appellate court'sdecision is often the only decision that can create precedents. Thesedecided upon cases are used by criminal law attorneys to boost theirarguments or strengthen their opponent's arguments, so much of theirlegal work is trying to find applicable and strong precedents.

There are numerous crimes, and each crime is specifically definedsuch that the difference between one crime and another may be amatter of a single word. Before an act or an omission is considered acrime, the prosecutor must first establish several elements. Theseelements must be countered upon by the defendant's attorney such thatthe defendant will be found to not have committed the crime or willbe found to have committed a crime with an accompanying lesserpenalty. Arguing against the elements of a crime is a tedious matteras prosecutors and law enforcement agencies, who produce theevidence, are equipped with sophisticated evidence-gatheringmachinery.

Areas of Law

Traffic Law - Legal Information and Resources

Traffic Law

Driving in the United States requires two things: the driver must have a driver's license and the motor vehicle used must be duly registered. American traffic laws vary from state to state, although there are common basic rules, such as speed limit. Traffic laws form part of the more comprehensive motor vehicle law to ensure safety in roads. Motor vehicle laws are mostly regulatory laws that set up rules that should be obeyed by drivers and vehicle manufacturers. Traffic laws, on the other hand, govern the violation of motor vehicle laws.

Traffic violation laws governs unlawful activities involving a motor vehicle. Traffic violations include driving under the influence, or driving while intoxicated, driving without a license or driving with an expired or suspended license, and driving an unregistered motor vehicle or a motor vehicle with an expired registration. Traffic violations also include speeding, beating the red light, tailgating, and swerving. Other common traffic violations not wearing a seat belt and talking on a cell phone while driving.

Traffic violations can range from administrative to criminal offense, and the accompanying penalties would depend on the severity and the harm that could accompany such traffic violation. Driving while intoxicated or driving with license that was suspended as a result of the conviction of a criminal offense is a criminal offense and the conviction to these offenses can lead to incarceration. In most states, the traffic enforcement agency, usually the department of motor vehicle, gives points to a driver based on his violation. The number of points will determine the kind of penalty or sanction that the enforcement agency will impose upon the traffic violator. Traffic violation sanctions range from petty fine to suspension or revocation of driving licenses.

One of the nuances in traffic violation law is the determination of who has jurisdiction over the area where the violation was committed. Different government agencies takes charge in implementing a particular traffic in a particular location. This means that local enforcement agencies has authority to issue citations in a certain geographical area, but these areas often overlap. When faced with a traffic citation, the driver must review the citation to take note of the court that will hear the case or whether the citation requires personal appearance in court.

There are many ways to avoid points following a traffic violation. The law provides for other ways to avoid paying any monetary amount for a traffic citation. For instance, the law allows the traffic violator to attend traffic school. In addition, those who are falsely accused of traffic violations must retain the help of expert traffic violation law attorney as traffic violation, depending on the severity, is considered a criminal offense, and can have serious impact on one's life, including ability to obtain future insurance and employment. When wrongfully accused of a traffic violation, the accused can choose to go to a trial in order to argue against the violation. Going to trial, however, is a difficult and costly process, thus it is imperative to seek the help of counsel.

Areas of Law