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.

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Immigration Law - Legal Information and Resources

Immigration

The U.S. Citizenship and Immigration Services has federal oversight over immigration and issues accompanying immigration. The Immigration and Naturalization Act ("INA") aims to unify the numerous rules and regulations relating to immigration. The United States has a perennial immigration problem, and, following the Sept. 11, 2001 terrorist attacks, the federal government grew stricter on implementation of immigration laws.

Immigration law in the United States is complex, and, as mentioned above, strictly implemented. Currently, the INA limits the annual worldwide permanent immigrants to 675,000. Certain exceptions apply to close family members, including spouse, minor children, parents, and siblings. The limit does not apply to the number of refugees admitted each, the decision of which is left to the U.S. President's discretion. The main principle used in the admission of immigrants in the United States is reunification of families. Highly-skilled workers or specialists are also admitted as American immigrants. Moreover, the United States also admits as refugees and individuals from countries who have not sent immigrants in the past five years under the principle of promoting diversity.

Canada has one of the most extensive immigration program in the world by offering a number of options, including skilled worker, investor, trade worker, family sponsorship and Canadian experience. In Canada, immigration law is embodied under the Immigration and Refugee Protection Act. The federal, provincial and territorial governments of Canada share jurisdiction over immigration issues.

Immigration in Australia is governed by the Migration Act and the Migration Regulations. Like the United States and Canada, Australia offers variety of visas for skilled workers. Australia also offers visas to refugees and asylum seekers although most of these visas have time expiration and grants limited rights to applicants.

Applying for immigrant status in the United States, Canada and Australia is a complicated, tedious, lengthy, and expensive process. It is filled with paperwork and the applicant must comply with numerous requirements before an application is granted. In the United States alone, application for immigrant status under the principle of family reunification must meet age and financial status requirements. Add to that the fact that the number of family preference visas, one of the two visas granted under the principle of family reunification, varies each year depending on the number of visas issued the prior year. Moreover, Congress also set a per-country ceiling under which permanent immigrants from one country cannot exceed 7% of the total amount of applicants for the same year. This means that a visa application can be automatically denied when that application is already past the limit set by Congress for the year.

One of the foremost issues accompanying immigration law is deportation. In order to avoid deportation, one must apply for immigrant status legally by filling out the proper forms, complying with the requirements, and paying the required fees. Deportation can lead to loss of employment, embarrassment, imprisonment, or bankruptcy. It is thus imperative to contact an expert immigration law attorney to apprise you of current immigration laws and procedures so that the money used for application would be well-spent.

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