Criminal Attorney Will Tell the Difference between Criminal and Civil Case

June 21st, 2010

The law differentiates between the criminal and the civil cases. Often the former is said to be harsher and stringent than the latter. But, a question may arise as to how to determine whether a particular act is criminal in nature or it has civil repercussions. Generally, a criminal case will arise if the legislatures have enacted a law labeling some of the acts as criminal and hence, requiring punishment. Civil cases, on the other hand, arise due to disputes over rights and duties of the parties involved. Some of the basic premises on which any criminal attorney can differentiate between the criminal and civil cases are the following:

1. Who is initiating the case? : If the case is civilian in nature than it will be the aggrieved party which will be initiating the case. But, in the criminal cases, it is the prosecutor who initiates the case. The prosecutor, in a criminal case, may or may not agree with the aggrieved party on the filing or non-filing of charges. So, he controls the case initiation.

2. Nature of punishment: The civilian cases do not, generally, result in the jail term. There is one exception that if there is a contempt of court in a civil case, then there can be a jail term awarded to the offender. They involve the monetary penalties and damages to be paid to the victim. But, any criminal attorney can tell that the criminal cases can also lead to imprisonment upon conviction.

3. Representation: In a criminal case, the government-paid criminal defense attorney can be arranged for the defendant if he requires one. Whereas, in a civil case, the parties arrange their respective lawyers on their own.

4. Proof of guilt: The burden of proof, that the defendant is guilty, is more stringent on the prosecutor in a criminal case. Criminal law requires him to prove defendant’s guilt ‘beyond reasonable doubt’. Whereas, in a criminal case, only a ‘preponderance of proof’ is sufficient to establish the guilt. So, in the civil cases, one does not has to dig that deeper to prove guilt.

What is the situation if the actions of a person make him liable for both civilian as well as criminal charges? The answer is simple: there will be two separate cases brought on him, civil and criminal. So, whenever you are in a fix about the nature of the law associated with some wrongful act either done to you or by you, it is better to consult a criminal attorney to know the same.

Duties of a Real Estate Lawyer

June 21st, 2010

When you transact any real estate deal for buying or selling of property, there might be a real estate agent or broker acting as an intermediary who will oversee that the deal is executed in a fair way. However, if it were so easy, there would have been no property disputes and there would be no need for the real estate lawyer. The lawyer has some duties towards his client. Some of these are:

1. Closing the contract: Before a deal is finally struck, you may require that all the documents of property are shown to the attorney. The real estate lawyer will check the title of property, get the documents duly registered and shall ensure that the transfer of title or ownership happens correctly. Another important thing is that he must ensure that paperwork related to the chain of title transfers is there and nothing is amiss.

2. Look for encumbrances: It is very likely that the property might be mortgaged for some loan, or there are some other longstanding dues or encumbrances which need to be cleared. The easements and covenants might put limits on the use of real estate. The best real estate lawyer will inquire through the relevant channels about these matters and make the client understand their effects in the short and long term. This is where he will be able to provide the client with the legal perspective.

3. Carry errors and omission insurance: Lawyers are governed by their professional standard code of practice. And, many of them also carry the insurance cover for the damages resulting to their clients for the errors and omissions due to negligence. It is their duty to make good these damages to their clients which have resulted due to the professional negligence. The real estate lawyer, in turn, can claim the same from their insurance companies.

4. Work closely with banks and title companies: They can take up your case with the bank mortgage officer to review the costs and negotiate adjustments on property taxes.

While looking for the appropriate real estate agent, one can seek references from near and dear ones, the state bar associations, the yellow pages, internet directories and websites of the lawyers. It is important that he shall have sufficient experience in the type of property you are looking for. It is necessary for you to know what all services can he provide and negotiate real estate lawyer fees. Further, you must ask the seller that the purchase agreement will be contingent on the approval of attorney.

Personal Injury Lawyers Prefer Taking Their Fees After The Case Is Settled

June 19th, 2010

Personal injury lawyers are clever people. They will know the merits and strengths of your case the moment you finish telling them how you attained the injury. They will also know which of the party is more likely to be at fault and what can be won in claims from the other. By the force of experience and the knowledge of what the courts concluded in earlier cases, they will generally not prefer to take a negotiated fee before taking up your case. Instead, they might require you to enter into a ‘Contingency Fee Agreement’, or CFA, as is popularly called.

Under this agreement, personal injury lawyers will be taking a percentage cut from the claims amount that they will win for you. No win, no fees is the accepted principle. So, if some victim of personal injury does not approach a personal injury lawyer due to the belief that they charge very heavy fees, then he or she is gravely mistaken. In fact, injury attorney will be more than willing to take up your case for free and are happy to wait till the time they win claims for you. And, if the other party is a large corporation, then there is every chance of even winning multimillion dollar claims. People have indeed become millionaires overnight winning these claims. That is also one of the reasons why people rush to courts even for the smallest injury or harm that they get from somewhere.

But, why do courts impose these hefty fines on the culprits? One of the reasons has to do with the damages which can be legally taken from the offender with the help of personal injury lawyers. These include reimbursement of medical expenses including hospitalization, loss of earnings, loss of employment, compensations for the dependent family expenses, loss of spousal relationship and other damages directly or indirectly related to the aftermath of the injury. Another important reason for such high awards is the punitive punishment to the offender in cases of very serious negligent action. These exemplary damages are a lesson for the offender and others to be extremely cautious and vigilant in their actions and decisions so that safety and health of the people are not compromised in any way.

So, if you take an injury and believe that the other person was negligent, careless or reckless in his actions then approach the best personal injury lawyer without worrying about his fees. In all likelihood, he will not let you down and will be happy taking a cut from the claims he wins for you later on.

Prevent Your Child From Being Taken Away To Another Country By Your Spouse

June 16th, 2010

There has been a growing trend towards international marriages where the spouses are from different countries or nationalities. This has been yet another hallmark of this era of globalization. Consequently there have been incidents of marital discord, divorces, disputes over the child’s custody and much more. Therefore, there is a standard international family law which governs all these aspects related to matters of international divorces. The family law attorney specializing in international family law can devise some tips to the parent to make sure that the other parent does not take away the child to his/her own native country:

1. Proof of dangers of visitation: You must bring hard evidence in front of the court which establishes without doubt that the proposed visitation is a real risk and there is a real possibility that the child may not come back.

2. Evidence to show that the other parent will not return the child: One of the ways to do it is to prove that the other parent is having strong emotional connection with the other country, has family based there or he/she has previously tried to take away the child to that country or has threatened to abduct the child. There are other points which can be brought to the light to court which can prove that the child can be taken away with the intention of not returning back.

3. Expert Testimony requirement: No matter how many true incidents can you quote from your knowledge about the dangerous situation in that country, it will not be entertained by the court. It would be requiring independent and expert testimony for the same which can be arranged by a seasoned child custody lawyer.

4. Take timely steps: You shall not wait till the last moment to get the legal help. Bring your case in court well in time duly represented by a skilled and experienced family law attorney.

5. Hague Convention cannot deliver the goods: If you think that the country where your child is being taken to is a signatory to the Hague convention and that country will enforce the treaty requirements and return the child, then you cannot be farther away from truth. Each country works as per its own legal framework and pace, and it might ages for your child to come back.

So, the best part is to prevent the child from leaving the country. You shall hire an expert family law attorney for the international child custody matters and from preventing your beloved child from being taken away.

Do Take Guidance Of Divorce Attorney For Dissolution Of Marriage

June 14th, 2010

Divorce is the legal end of marriage and consequent separation of the couple. The estranged couple may decide to part ways rather than living in hell-like mutually incompatible environment. Depending upon a number of factors, the divorces can be of many types. The divorce attorney can explain and distinguish between the different types of divorces. Some of these are:

1. No-fault : In this, the parties do not hold each other to be at fault but would like to put an end to their marriage.

2. At-fault: In this, the court would require one of the parties to prove that the other party was at fault. Or, in other words, it would require the proof of the grounds of divorce. In the US, this is no longer the requirement of the state divorce laws except for the laws of the state of New York.

3. Summary or Simplified divorces: When the parties do not have a child, do not have any substantial property interest, have been married for shorter duration and meet some other conditions, the court may direct for a summary dissolution of marriage and divorce.

4. Uncontested Divorce: When the parties are able to come to mutual agreement on key factors and issues governing the divorce, then there is no need for contesting the divorce proceedings. These issues could be related to division of assets, custody of child, maintenance, etc.

5. Collaborative: In this, the parties are assisted by the divorce lawyers to come to a mutually acceptable divorce agreement. Once this starts, the associated divorce attorney for each party is not allowed to represent the same party in court.

Residency requirements for Divorce

In US, some of the states have adopted the Uniform Divorce and Marriage Act. Some have adopted the Uniform Divorce Recognition act which requires both the parties to be residing in the same state where it is filed. Similar requirements are there in other states as well which might require couple to have lived a specific length of time together in that state. The divorce attorney of any state will know the position of law in his as well as other states.

Annulment and Divorce

It is common for a person to use these terms interchangeably. But, any seasoned divorce attorney can tell the difference in their meaning and its consequences. Annulment is the dissolution of marriage assuming that it never happened in the first place. The grounds for the annulment of marriage are fraud and misrepresentation, concealment of material points, non-indulgence in sexual intercourse and misunderstanding. Annulment is common in cases of short marriages.