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.

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Collections Law - Legal Information and Resources

Collections Law

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.

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