Drug Crimes

Drug crime law is a subset of criminal law, which deals with illegal possession, use, manufacture and sale of prohibited drugs. Drug crime law also deals with other criminal offenses associated with the possession, use, manufacture, and sale of illegal drugs. Illegal drugs include both "street" drugs and drugs specified under the Federal Controlled Substances Act of 1970.

Because drug crimes are "victimless" crimes, it has been proven a daunting task for both the federal and state level to enforce the law. Unless drug use has contributed to a violent crime, it is difficult for the government to run after the perpetrators because there is no "victim" except the user or the trader. Under the CSA, the federal government regulates the legal production, possession, and distribution of controlled substances. Some drugs listed under the CSA are allowed to be used and sold provided that they are for specific reasons, such as medical use. "Street" drugs, which are all deemed illegal in the United States, include cocaine, heroin, and methamphetamine.

All drug charges are considered felonies. The gravity, however, of the offense is determined upon the kind of drug involved, the quantity found with the offender, and the offender's intent to sell or use the drugs. The federal government, as well as the state government, is strict in enforcing anti-illegal drugs law that the penalties accompanying drug charges stiffer than the penalties for most crimes. Moreover, conviction for drug trafficking, especially if the trafficking is large scale, also leads to denial of federal benefits and forfeiture of real and personal property.

One of the most common issues arising from drug crimes is illegal stop and search or frisk. Police officers have the authority to stop and frisk suspicious individuals but because the Bill of Rights limits the government's encroachment upon personal liberties, in this case, the right against unnecessary search and seizures and unlawful issuance of warrants, those suspected of a drug crime can argue that they were illegally searched and stopped by law enforcement agencies. In defending a person accused of a drug crime, a drug crime law attorney must take note of the details prior to the arrest of the accused as the procedure as to how the accused was apprehended may lead to his or her acquittal.

With the rising incidences of interstate and inter-country drug trafficking, the federal government created an extensive web of agencies, enforcements, and programs meant to stop the proliferation of drug use in the United States. The government has identified, based on statistics, specific areas and ethnic groups where drug use and trade proliferates. It is thus not uncommon for law enforcement agencies to target impoverished neighborhoods or some ethnic groups in their surveillance. Some of these surveillance activities, however, result to ethnically-biased arrests and accusations. A person who is wrongfully accused of a drug crime badly needs the talent of a drug crime law expert as it is difficult to battle against a government that is bent on working towards a drug-free and safe society.

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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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Trade Law - Legal Information and Resources

Trade

Trade laws are enacted to ensure industry competitiveness in the United States. The U.S. Congress, by virtue of its constitutional prerogative of regulating interstate and foreign commerce, enacted several bills, including the Tariff Act of 1930 and the Trade Act of 1974, to govern trade. The American Constitution ensures that the country is a free market. American trade law do not just govern interstate trade, but also trade between the United States and foreign countries, to ensure the existence of free trade and prohibit the occurrence of anti-competitive business practices. Trade law has evolved through the years, in reaction of the constantly changing face of trade, both internally and internationally.

Trade law is a complicated area of the legal practice as it touches upon numerous other areas of the law, such as business laws, employment laws, tax laws, and antitrust laws. There are numerous issues accompanying trade and commerce, and each issue often require the assistance of attorneys who are expert in specific niche in law. With respect to intrastate commerce, state law applies. Resolving trade disputes arising from intrastate commerce relationship may not be as difficult as resolving trade disputes arising from interstate commerce relationship as only one set of law governs. Nevertheless, it is imperative for traders and business owners to seek the advice of expert trade law attorney as there are still nuances in state trade law that may not seem very obvious to even the most sophisticated of traders. Disputes arising from interstate commerce becomes increasingly more difficult as state trade law varies and may have little commonalities, except in the promotion of free trade.

Workers, being one of the most crucial element in trade and commerce, are protected by numerous trade laws, especially against job loss or reduced wages. Workers' rights are enshrined by different set of laws that interlink with trade laws. In addition, specific trade laws protect consumers from abusive and conspiratorial business practices. It is the Federal Trade Commission's main job to ensure that consumers are protected from fraudulent and deceptive business practices. While trade laws are in place to ensure a free economy, it cannot be helped that some industries form mergers. The FTC ensures that these mergers do not restrict competition, which harm consumers.

Trade law, when applied to international commerce, becomes even more complicated as international law, in general, or specific treatises, govern. The U.S. has trade agreements with almost all nations in the world, but each trade agreement is different depending on the industry. The U.S. also regularly limits the import and export of certain products with a specific country as a matter of foreign policy. Unprecedented events in the international arena also gives rise to amendment of American trade policy in order to protect the business interest of the United States. In the area of trade law, it is imperative to employ the services of an expert trade law attorney who can examine the law of its legislative intent as this is crucial for the interpretation and adjudication of the law.

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Family Law - Legal Information and Resources

Family Law

Family law consists of statutes and case decisions that govern the legal duties between and among individuals who share a domestic connection. Family law usually involves parties who are related by blood or marriage, but could also affect parties in more distant relationships. Family law in the United States developed within each state. As a result, American family law varies significantly from one state to another. Despite the differences in family legislation and procedure, new trends in family issues, as well as the federal government's desire to create a uniform system of family law, general principles have become increasingly shared in all states and territories.

Most of the cases involving family law arise from the termination of marriage or romantic relationship. Divorce and annulment are part of family law. Dispute on alimony, child custody, visitation and support accompany divorce and annulment. Divorce is a messy proceeding that requires the expertise of attorneys. Divorce is also a complicated law by itself, especially when it comes to the division of property. Laws on property division greatly from one state to another, thus an attorney handling divorce proceedings must not only be knowledgeable on divorce law, but also on property law. Family law also governs the relationship between two individuals before marriage in the drafting of prenuptial agreements. In prenuptial agreements, which are enforced upon divorce, couples can opt out from a state's default rules on property division, but the terms of prenuptial agreements must still adhere to requirements laid out by the state. In addition to defending a spouse in a divorce proceeding, an attorney also has the capability and knowledge to seek out assets that the other spouse may try to hide from the other spouse so that that property cannot be reached by any order directing the division of such assets.

In addition to divorce, one of the most common issues relating to family law is domestic violence, which does not just involve current or former spouses, but also children and other members of the family. Domestic violence is a criminal offense that is punishable by both fines and incarceration. Domestic violence cases also go through the same process as a criminal case, although, because of the intimate nature of the relationship of the parties, the cases are often emotionally draining. Plaintiffs in domestic violence cases need to hire an expert attorney to, not just argue on family law, but also on criminal law.

Another exhausting litigation relating to family law is child custody. In uncontested cases, child custody may go smoothly. Contested child custody cases are battles, with the parties often already distrustful with each other. When child custody cases arise from domestic violence, the battle becomes more wearisome as the aggrieved party would be zealous to win custody of their children and fight for a protective order against the domestic violence abuser. Child custody cases are also emotionally draining especially for children subject to such proceedings as they need to be present in the trial for the court to determine their best interest.

Another difficult case accompanying child custody would be child support. The determination of how much each parent need to contribute to the rearing of the child is lengthy and may require numerous modifications. The bulk of a family law attorney's responsibility in child support cases would be arguing for their clients in modification proceedings.

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