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Posts Tagged ‘Criminal Law’

Family Law and the Division of Marital Assets

Saturday, May 8th, 2010

These are things such as the home, vehicles, and bank account funds. By being married both parties agree to share financial gains and losses. Marital assets can be divided in two ways depending upon the standards of family law set in each state. Approximately ten states follow community property laws while the others use equitable distribution. Knowing the particular states laws can be very helpful in being prepared for the divorce and proceedings. Divorce lawyers can help determine which assets will be included as marital assets and most reasonable way to divide them.

Equitable distribution is the more common of the two ways to divide assets. Distribution of assets is not necessarily guaranteed to be 50/50 in these states. The court itself decides what division percentage is fair and reasonable for both parties. A court makes this decision based on many different factors. Some of them include the length of the marriage, both parties’ income, responsibility for the children, and debt. Another factor is what each person had when they entered the marriage. A prenuptial agreement takes precedence over the laws definition of distribution and can make determining the marital assets much easier.

Remember these things when it comes to equitable distribution. Everything bought during the marriage will be divided. Who bought it or whose name is on the item does not matter. It is the responsibility of the divorcing couple to prove which assets are marital assets. This includes proving a spouse got rid of certain assets knowing divorce was inevitable. Having knowledge of the state laws can make it easier to work with divorce lawyers in getting desired items or compensation. Finally, each party is also responsible for debt accrued during the marriage.

Community property results in a 50/50 distribution of all marital assets. All debts are also marital property and will be equally split between both parties. Spouses who know their state follows community property laws may hide debt or increase it as a way to get even. When a home is owned in more than one state, it may be possible to file for divorce in either state. Consult with someone familiar with family law to determine which state’s laws will be most beneficial when filing for the divorce. People with higher incomes benefit more from equitable distributions states whereas someone who has no or very little income would benefit more by community property laws.

Phoenix Criminal Law Firm

Wednesday, March 25th, 2009

Criminal Law, or Penal Law, is the body of rules that govern punishments for a number of legal offenses, and is usually enforced by the government. Each state has its own set of procedures to deal with the offense, but a common characteristic is that they all deal with punishing a person’s failure to comply to set rules or laws. Depending on the offense committed, these punishments can range from execution, to parole or probation, to a simple fine.

The basic process of bringing someone to justice under criminal law starts with an accusation of an alleged crime, usually the result of a complaint. An indictment, or information, may be filed in court which results in formal charges being assigned by a grand jury. If a crime is committed against the United States, it is brought before a Federal Grand Jury as required by the Fifth Amendment. Although the basic procedure will be similar, specifics can differ from state to state, except for those crimes that require a Federal Grand Jury. So, choosing suitable law firm is very important for your lawsuits. One of the best law firms is Billar & Donald, P.C., is based in Phoenix, Arizona. Billar & Donald, P.C is known for effectiveness and reliability. But, let’s talk about criminal law first.

Criminal law is too vast a topic to be able to effectively catalog every crime that could be committed. Three categories that most crimes fall into are crimes against people, against property, and against justice.

Crimes against People – These are acts that directly harm a person physically. Some common crimes under this category include murder, assault, battery, rape, sexual abuse, and kidnapping.

Crimes against Property – Property crimes include those that damage someone’s property or possessions, including arson, theft, burglary, and trespassing.

Crimes against Justice – This category includes acts such as bribery, perjury, or misconduct in political office.

There are numerous crimes that can be committed that do not fall into these categories however, and crimes within each category can vary in severity. A severe arson case, for example, may deserve a harsher punishment than a trespassing offense. In addition, there are other elements of crimes that must be examined, such as causation, recklessness, and intention, to see if the alleged criminal knowingly committed the crime.

During a trial, a criminal lawyer has the task of defending his or her client. Some of the most common defense routes a lawyer will use include insanity, intoxication, duress, mistake, automatism, or self defense. Depending on the circumstances of the case, one or more of these categories could be used in a case to help defend an alleged criminal. The government is the body which is trying to prove the crime in a criminal case, so it is charged with proving the absence of these defenses if they are claimed. If unable to do so, the punishment received for the crime maybe partially or totally avoided.

It is easy to see where one can get lost and put under a lot of pressure if accused of committing a crime. All of these factors are taken into account by a criminal lawyer on a case in order to build a solid defense. These lawyers are trained in understanding and interpreting the statutes of criminal law specific to a certain area, and are therefore required to be registered to practice law in a particular state. Since the code can be unique in every state and difficult to interpret, it is important to not try to take the law into one’s own hands. A criminal lawyer can be a valuable resource that should be used in the case of an alleged crime.

Billar & Donald, P.C will also provide you with a responsible and quintessential representation in court. Lawyers in Billar & Donald, P.C have to go through years of education to provide you with the best information possible while helping you mediate you particular situation. Take advantage of the opportunity to learn more about your matter and how to resolve the issue at hand. To learn more about your legal rights, contact Billar & Donald, P.C today!