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Criminal Law - Legal Information and Resources

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

Bankruptcy Law - Legal Information and Resources

Bankruptcy

Bankruptcy in the United States is governed by the U.S. Bankruptcy Code.Different types of bankruptcy filings are governed by specificsections of the Bankruptcy Code. The types of bankruptcies are: (i)reorganization under Chapter 11 for corporations and individuals,(ii) liquidation under Chapter 7 for corporations and individuals,(iii) Chapter 13 for individuals, and (iv) Chapter 9 for municipalities. Another type of bankruptcy proceeding in the United States are proceedings under Chapter 15 of the Bankruptcy Code, whichallows foreign companies, with assets located in the United States,to seek an injunction of all proceedings that would take their assets from them.

Bankruptcy can be considered a special proceeding, with the creation of aspecial set of courts and judges handling these cases. Corporations,municipalities and individuals who seek protection under the Code aregiven so-called "fresh start" by reorganizing their businesses and finances and ranking their creditors by order of priority. The goal of the Code is to allow a debtor to emerge from bankruptcy with a better business structure, or, in the case ofindividuals, a plan for a better management of finances. Bankruptcy is not adversarial in nature, although adversary proceedings may arise from issues relating to bankruptcy.

Lenders, who are often big banks and financial institutions, are firstpriority in the rank of creditors in bankruptcy proceedings. There are also numerous "small" creditors who need a strong voiceto represent them in bankruptcy proceedings. These small creditorsusually include workers who lost their jobs as a result of a debtor'sfinancial difficulty or who are on the verge of losing their jobswhen a debtor decides to halt their operations. The recent decline inoil prices resulted to the bankruptcy filings of numerous oil and gas companies, resulting to the retrenchment of hundreds of workers. Workers file claims for unpaid wages and benefits and retirees.Workers also seek compensation for damages arising from death orpersonal injury as a result of exposure to toxic minerals orchemicals used by bankrupt companies in the operation of their business. Moreover, small creditors include retirees, whose benefitsare often cut or terminated within the course of the bankruptcy proceeding as a cost-saving strategy for the ailing debtor. Retirees,old but have contributed significantly to the company, join the ranksof lenders to seek to have their benefits reinstated and continued.If not represented by a bankruptcy specialist, these small creditors may find their voices lost among the big corporate lenders.

Divorce,illness, student loan debt, and unpaid mortgages are some of thecommon reasons why individuals seek bankruptcy protection, either under Chapter 11 or Chapter 13. When the individual's bankruptcy proceeding is caused by divorce, the individual debtor needs expert representation by a bankruptcy attorney who is not just knowledgeableof the bankruptcy law but also of divorce law, child support andchild custody. In instances when an individual seeks bankruptcy proceeding as a result of staggering student loan debt or unpaid mortgage, the debtor's attorney also need to match the skills of attorneys representing the student loan provider or the mortgagee, which are often big companies equipped with a legal team ready to quash a creditor.

Areas of Law

Credit Card Fraud Law - Legal Information and Resources

Credit Card Fraud Law

Credit card fraud is a criminal offense defined as the deceptive or unauthorized use of another person's credit card in order to steal money, goods or services. Credit card fraud law ensures that these criminal offenses are met with the appropriate punishment. Because of the increasing incidences of credit card in the United States, the federal and state government are in concerted efforts to penalize the offenders by enacting statutes preventing these crimes in all levels of government and utilizing both the local police and the U.S. Secret Service to enforce these laws.

Credit card fraud may be committed in three ways: (1) by fraudulently obtaining and using someone else's credit card or card information; (2) by using his own card knowing the card has been revoked or is expired; and (3) by selling goods or services using a card without authority or was illegally obtained.

Credit card fraud can be categorized into two: (1) card present, where the actual card is stolen and used, and (2) card not present, when only the credit card number and information are stolen and used.

In order to gain possession of the actual credit card, the thief may actually steal the card or perform acts that will result to him gaining possession of the credit card, such as applying for a credit card under the victim's name or seeking for a replacement card by modifying the victim's address. Because credit cards can be used online or over the phone, card not present cases are difficult to pursue. Card not present crimes are also often organized crimes as the card numbers and other important information are obtained usually through ATMs and gas pump terminals. Moreover, card numbers and details can also be obtained through phishing or fake websites appearing like legitimate sites.

Penalties accompanying conviction from credit card fraud vary from state to state. State legislation also does not provide for specific penalties for credit card fraud convictions. Rather, the total dollar value of the items obtained determines the penalties. In most states, the value obtained through credit card fraud can elevate the act from misdemeanor, when no property is obtained or when the amount of the property does not exceed $500, to felony, when the value of the property is significant. A maximum fine of $1,000 and a prison term of up to one year accompany a misdemeanor, while a fine of $25,000 and a prison term of 15 years accompany a felony.

If facing prosecution for credit card fraud, it is imperative to hire the services of credit card fraud law attorneys to minimize the horrible experience. With credit card fraud being rampant today, courts are inclined not to treat those charged with these crimes leniently. Being charged with credit card fraud has serious impact on the individual as this can lead to embarrassment, especially as there abundance of media coverage on these cases. A credit card fraud law attorney can review the prosecutor's evidences and spot any discrepancies, which, no matter how minor, may lead to a reduced penalty and jail term.


Areas of Law