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

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Insurance

Insurance is when one party indemnifies another from a predefined risk in exchange for a premium. There are numerous kinds of insurance available to an individual, the most common of which are health insurance, car insurance and property insurance. Businesses also avail of insurance to protect their businesses from future risks. The kinds of insurance available to businesses include general liability insurance, property insurance, worker's compensation, directors and officers insurance, and life insurance.

Insurance terms vary according to the type of insurance provided, the risk insured, and the insurance provider. The general term, however, is that regardless of whether the predefined risk occurs or not, insurance premium will not be returned. Insurance companies play a great role in maintaining economic ability. It is in this regard that the government and courts established laws to regulate such commerce.

Insurance law covers three main issues: insurance policies, insurance claims and rates, and insurance business. Insurance law is a rather young set of rules and regulations. It was not until 1944 when the U.S. Supreme Court held in a case that insurance is a "commerce" and, thus, is subject to Congress' constitutionally-mandated authority of regulating interstate commerce. As a result of the 1944 ruling, the McCarran-Ferguson Act, which provides that state laws control the insurance business, was passed. For insurance business that is not regulated by state law, other federal laws, such as the Sherman Act, apply.

Insurance laws vary from state to state. A business, especially those who operate in many states, must retain the services of an insurance law attorney as they are knowledgeable of not just insurance law but also other areas of law that may affect insurance, such as taxation, labor laws, and securities law. Similarly, an individual must also retain the services of an insurance law attorney especially if the individual seeks to have properties located in different states insured.

For companies seeking to operate an insurance business, federal and state law are rigid in their requirements for such applications. For one, both the federal and state governments require that these companies maintain sufficient liquidity to cover claims subject to insurance policies. In addition, laws also limit the type of insurance a company can provide based on jurisdiction. It is thus imperative for these businesses to hire insurance law experts.

Both insurer and insured must be prudent in understanding the terms of the insurance policies. One of the issues arising from insurance law would be predatory practices of insurers offering undervalued insurance policies. Insurance is a complicated matter. Interpreting the terms of an insurance policy may need the expertise of an insurance law attorney especially if the buyer is unsophisticated. It is easy for an insurance company to lead a buyer to believe that they are buying one type of insurance and receive another type.

Another area of insurance law that would require the assistance of an attorney would be insurance claims. If the insurance policies were ambiguous, insurers can twist the language of the policies and deny coverage to an unsophisticated buyer. Filing an insurance claim is also tedious as the process often requires numerous paper work to evidence the occurrence of the risk covered by the insurance. In cases of health insurance, the insured need to keep all medical records in order to make a successful insurance claim.

Areas of Law