Categories
Criminal Defense

Learning the Rights of a Defendant in Criminal Defense

Whatever the charge, be it a felony or misdemeanor, or even a more serious offense like murder or rape, a criminal defense attorney is always an important individual to possess, said phoenixcriminalattorney.org. Even if the defendant is ultimately acquitted of the charges, a criminal defense lawyer can still be able to represent him in court, whatever the outcome. This is so because he has the right to speak for his client before a judge or the jury. This is called ‘rights of the accused’ – and these rights give the criminal defense lawyer all the rights that a judge, prosecutor or jury would have had the client pay for if he had been convicted.

It is the right of an accused individual to have a presumption of innocence until proven guilty. This is actually the right that every human being is entitled to. This is the right that each and every one of us have, until we are proven guilty, which is not likely, especially when dealing with the justice system. In our country, the presumption of innocence applies even to persons charged with committing crimes, irrespective of their state of residence or activity, and even for those accused of lesser offenses. This is the reason why there is no such thing as “innocent until proven guilty” in the US justice system.

 

However, the exception to the presumption of innocence applies only during the pretrial stage of a criminal case. This is where the person charged with the crime still has the opportunity to prove his or her innocence, and the prosecution has to prove its negative. This is known as the arraignment.

 

The arraignment, which is the very first hearing in a criminal case, is the time at which a defendant enters a plea of either “not guilty”, “guilty but mentally unfit”, “not guilty but not guilty” or “not guilty”. It is the very first step in a trial and is generally attended by the prosecuting authorities, the accused, their lawyers and other witnesses. It is also the time at which the jury is taken into consideration. If the accused enters a guilty plea, he or she must enter a plea of “not guilty” to the entire felony charge; however, if they choose to go for the “guilty but mentally unfit” option, they must do so only if their mental capacity is below the minimum legal standard.

 

Once the arraignment has been completed, the defendant and the prosecuting authorities will now enter what is called an agreement of facts. This agreement of facts is what will determine if a person will go to trial, be found guilty, be given a formal sentence or be released. In a plea bargain, the prosecutor and the defense attorney will agree on all facts of the case in exchange for the suspect not having to face trial. If a person chooses not to enter a plea bargain, he or she must face the charges for their criminal actions.

 

When a defendant enters a plea bargain, he or she will not have to go to court, but instead will discuss their case with a public defender. The public defender will explain to the accused why a plea bargain may be a good idea. For example, if a defendant may receive ten years in prison, but thinks that the amount he could receive if found guilty is much lower, the public defender may be able to help arrange a deal where the defendant could serve only five years in prison, with the remainder of the time going towards a rehabilitation program. Even if a person is convicted of a crime that carries the maximum penalty under the law, a criminal defense lawyer can help get the person a reduced sentence through the assistance they give to the accused.

 

Categories
Family Law

Role of Lawyers in Getting the Fairest Divorce Outcome

When you are seeking the services of a family law attorney it is very important that they have experience in dealing with your specific situation and a solid understanding of divorce proceedings. This is especially true if you have filed for divorce yet are not sure where you stand. It is also important that you fully understand the legal process involved and have an understanding of your rights as well as those of your former spouse. It is critical to retain only an attorney who will work diligently to ensure that you have the best opportunity to obtain the fairest outcome for your divorce.

 

A collaborative divorce is when both spouses are represented by their own individual attorneys. Mediation is a form of alternative dispute resolution (ADR), which involves a third party assisting a couple resolve their divorce via confidential, mutually agreed negotiations. The certified mediator may be either a licensed therapist social worker, or an attorney who has been professionally trained in collaborative negotiation. This type of mediation often results in a much more amicable settlement than does a traditional litigation process.

 

Separation and divorce are very complicated situations that require the assistance of an experienced professional. There are many aspects to a separation and divorce that divorcing couples will need to discuss and decide upon. When considering the filing of a divorce action, the primary issue at play is whether there is a possible future possibility of reconciliation. Many couples decide to divorce because they cannot agree on how to separate their finances or on the division of their marital property. Couples may also desire to separate their children from their spouse.

 

No matter what the reasons are that individuals choose to file for divorce, they must also seek the advice of an experienced divorce and family law attorney. It is always wise to have a mediator to assist you in this very complex situation. Divorce mediation is extremely helpful if both parties are seeking an amicable resolution to the divorce. Mediation can occur before or after the filing of divorce papers, whichever is preferable for each individual. Divorce mediation can be extremely helpful if one party is financially strapped and unable to retain a lawyer or retain the services of a proficient divorce and family law attorney.

 

It may be beneficial for you to have your attorney present during the filing for divorce in court if there are children involved. Your attorney can advise you on how to protect any pension or retirement accounts that you may jointly possess with your spouse. If you have determined that there may be a difference of opinion regarding any property or assets, your attorney can mediate a settlement agreement that ensures that both parties receive their fair share. Your attorney can also advise you on how to best present your case in court so as to maximize your chances of winning the case. Your attorney can also prevent the other party from coming out with negative stereotypes about you or otherwise trying to paint you in a bad light.

 

It is very common for both parties involved in a divorce to hire their own individual lawyers. Although a lawyer’s fees will definitely be additional than those of a spouse who does not have a lawyer, it is advisable to have one on retainer just in case your lawyer becomes unavailable. In addition, it is much less expensive to retain two separate lawyers instead of one. The divorce process can become quite complicated when one spouse has substantial assets such as a home or business. If one spouse is able to retain only one lawyer, they must divide ownership of these assets equally.

 

For couples who have gotten married before 2021 and whose marriage is still legally intact, it may be possible to get a legal separation. Legal separation is achieved by separating legally from your partner; you will not be required to file for divorce, however, it is recommended that you consult a divorce lawyer to make sure that you are legally separated. A legal separation is not a prenuptial agreement and therefore, cannot be enforced in court like a prenup.

 

Another option available to couples who wish to pursue a quick divorce is through a no-fault or mediation process. No-fault means that both parties agree to the divorce beforehand, either through an agreement in court or through a mediation session. Mediation can be extremely helpful, as both parties can speak with a neutral third-party that they feel comfortable speaking with. A mediator may also help to bring parties together who otherwise would be sitting separately in a courtroom. It is important to note that some states do not permit mediation, and divorce can only be filed after a court hearing. Regardless of which option you choose, hiring an experienced divorce attorney is a great way to ensure that your divorce will be contested properly.

Categories
Financial Management

Guide in Following the Process of Bankruptcy, Liquidation and Winding-up

How to file Bankruptcy: The process of declaring a bankrupt is a long and arduous one. Bankruptcy is the final resort for debtors who, through no fault of their own, are unable to pay off their debts. This form of debt relief is open to everyone who has fallen into debt – even when the debtor has been able to pay it off previously. A Bankruptcy procedure requires the consent of the Bankruptcy Court. The Bankruptcy Attorney will advise you on how to file Bankruptcy.

Bankruptcy means that the legal representatives of the debtors no longer have any right or ability to collect any monies from the bankrupt. This can occur because the person has died, remarried, quit his/her job or retired. Bankruptcy only applies to unsecured loans. If you are indebted to someone who has died, stopped making payments or is in bankruptcy proceedings then it is likely that your debt will be covered by the Insolvency Service of UK.

The Insolvency Service will appoint an “Insolvency Practitioner” to look after your affairs. You will need to discuss all your financial circumstances with this financial management attorney before taking any action. There are several advantages to having an Insolvency Practitioner is looking after your affairs, but there are also some disadvantages.

The Insolvency Practitioner will manage all the paperwork involved in your bankruptcy and will contact your creditors for you. However the Insolvency Practitioner can only advise you on your rights and obligations under the Insolvency Act. He cannot give you legal advice or give you any directions in respect of your bankruptcy. The Insolvency Practitioner cannot tell your creditors that you have filed for bankruptcy. They cannot give you any details about the type of insolvency agreement that they could recommend.

The benefits of dealing with an Insolvency Practitioner includes the fact that they will deal with your creditors on your behalf. They are knowledgeable and experienced when it comes to working with credit card companies, and other unsecured lenders. If you are seriously considering how to file bankruptcy, then you will want to consult a professional. This means contacting a company that specializes in assisting people with their debts.

These professionals will look after your affairs day-to-day. You will not need to worry about anything when you consult one of these companies. These professionals know all about how to file bankruptcy and how to make the whole process a lot easier for you. How to file bankruptcy can be confusing, but these professionals will ease your mind at every step. There are some things that you need to consider when you are looking at the pros of hiring one of these companies. Make sure that you understand everything that is mentioned above in order to determine if hiring a professional would benefit you or not.