Criminal Defense

The rights of the accused is primarily enshrined in the Bill ofRights. While the U.S. Constitution is the main source of protectionsfor the accused, the federal government and states also put enactednumerous legislation and court rules to ensure that the accused isnot placed in undue advantage. Without putting in place protectionsfor the accused, he or she may not receive fair treatment from thegovernment, especially law enforcement agencies and prosecutors,given that these agencies have extensive resources at their disposal.Criminal defense law protects an accused prior to any filing of asuit, during trial, and after trial.

Criminal cases rely heavily on direct and circumstantial evidence bythe prosecutor. Unreasonable searches and seizures and illegalissuance of warrants are prohibited under the Fourth Amendment.Defense attorneys can easily overthrow a criminal case by arguingthat law enforcement agencies conducted the search and seizure orissued warrants for search or arrest in an unlawful manner, thusmaking the evidence unacceptable in court.

Another protection afforded to an accused is the law against doublejeopardy, enshrined in the Fifth Amendment. Double jeopardy meansthat a person who has been tried and acquitted of a crime cannot becharged with the same crime again. Defendants, under the SixthAmendment, is guaranteed of the right to a public and jury trial andthe right to confront opposing witnesses and subpoena favorablewitnesses.

There are many nuances involved in criminal defense. The foremostconsideration for criminal defense attorneys would be to make surethat their clients are treated fairly, regardless of whether theaccused admits to the wrongdoing or not. Criminal defense attorneysalso make sure they take advantage of the protections afforded totheir clients to make sure their clients continue to enjoy theirliberties. One of the first things that a criminal defense attorneyhas to do, following an arrest, is to get the accused out from jail.Criminal defense attorneys need to take their clients out from jail,prior to trial or while a trial is pending, so that the defendant canfreely assist them in their cases.

Criminal defense law allows attorneys to make plea bargains fordefendants in order to avoid lengthy trial. In a plea bargain, thedefendant pleads guilty in exchange for a lenient sentence.Defendants can achieve plea bargaining either by (i) fighting theprosecutor and making the case difficult for him or (ii) fullycooperating with the prosecutor and convincing the prosecutor that alenient sentence is appropriate.

Once a criminal case goes to trial, expert litigating techniqueshould be employed by criminal defense attorneys as it will becomedifficult to convince juries, especially if the cases are ofsensitive nature. Criminal trials are exhausting and often veryemotionally draining for all parties. A defendant cannot successfullywin his case without the help of an attorney who is not justknowledgeable of the theories of criminal defense law but who is alsopersuasive enough to convince the jury and the judge.

Criminal defense is laborious work as criminal cases are tedious. Theaccused, and later on, the criminal defendant, must always berepresented by an attorney in all steps of the criminal proceeding.In order for the accused's rights to be fully protected, one mustseek the assistance of counsel who are experts in battling shrewdprosecutors and zealous police officers. Criminal defense attorneysare not just knowledgeable of both federal and state criminal lawstatutes, they are also skillful in using criminal defense laws tothe advantage of the accused.

Areas of Law

Divorce Law - Legal Information and Resources

Divorce

Divorce is a legal process where a judge legally terminates a marriage, reverting the status of the couple to being single, and allowing them to marry other individuals. Divorce in the United States is governed by state laws. Divorce was once an adversarial proceeding where one of the spouse is required to prove that the other spouse is at fault for the breakdown of their marriage. Nowadays, state courts have relaxed their rules and now allow for so-called no-fault divorces under which the married couple will only need to prove that they have irreconcilable differences. Despite not having to show that one of the spouses is at fault, the court, nevertheless, still take into consideration each spouse's behavior within the marriage in determining issues relating to children, debts, and property.

Marriage is a lot of work and teamwork. So does divorce. Divorce law differs from one state to another. Divorce requirements also differ from one state to another. Some states are stricter when it comes to the dissolution of marriage and would often require the married couple to go into therapy prior to filing a petition for divorce. If one is not familiar with state requirements, a divorce petition may be denied for failure to comply with certain requirements. In this regard, it is crucial to seek the counsel of an expert divorce attorney.

Petitions for divorce are easily granted by most courts, especially when they are uncontested. Divorce proceedings, however, often messy and emotionally draining, turn adversarial, in which case, both parties will need divorce attorneys to argue for their client without the impassioned tone of two former lovers now turned enemies. In no-fault divorce proceedings, the real dispute would be on the distribution of assets and on child custody and support. The married couple's assets can be distributed in two ways: community or equitable. When the married couple has a community property, this means the couple equally owns all properties they both acquired during the marriage and the property will be divided equally between the spouses, with each of the spouse retaining the properties they acquired prior to the marriage. In cases of equitable distribution, each of the spouse will need to identify which assets he or she acquired during the marriage and how much each contributed to the family during the marriage. This is a rather tedious process, requiring voluminous paper work for proof of property or contribution. In equitable distribution, the property of the married couple is divided fairly, but not necessarily equally. Prenuptial agreements play a crucial role in the distribution of assets as the couple, before they got married, already agreed as to how their properties would be divided.

Child custody and support for children resulting from the marriage pose two other difficult issues that arise during divorce proceedings. The parents, whether they are amicable to each other or not, need to agree on the terms of custody and support for their children's best interests. Children are most affected by divorce and would generally want their parents to stay together. It is thus an attorney's role to take out the emotions from the individuals so that the parties can agree to reasonable terms.

Areas of Law