Guide in Choosing a Defense Attorney

When you have been arrested for a criminal offense, you have no choice but to seek legal counsel to represent you before the court. Finding criminal defense attorneys is tough, though. Here are some things you need to keep in mind.

  1. Choose a specific lawyer. Hardly any lawyer will cover a wide range of cases. Usually, they concentrate within a given field. Some focus on tax cases, while others attend only to civil cases. Others deal with domestic crimes. So, look for one who has represented clients with similar cases as you have.
  2. Experienced lawyers are preferable. A reputable federal defense attorney has enough knowledge, which is an advantage on your part. But his services would cost much more than the services of a new lawyer. Those who cannot afford private legal representatives can go for public defenders. The court may provide you with a public attorney, but his time and effort for the case may be deficient, as he may have other clients too.
  3. Seek lawyers from well-known organizations. Groups like the NACDL (National Association of Criminal Defense Lawyers) have a list of lawyers with substantial experience in handling criminal cases. They are your best bets.
  4. Check out law firms. You may be phoning friends to provide you with recommendations, but you might only be dismayed. Instead, you can search for criminal law firms, which can provide the right legal counsel for you.
  5. Do not hesitate to ask questions. What kind of questions should you ask? You can start by asking who’s going to handle your case. Would he be handling the case personally or will he send an assistant lawyer to handle the case instead? Also, do not be afraid to ask about the number of cases he has won. Good lawyers will not hesitate to tell you the correct figures. Continue Reading

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No Fault Law in New York

The old law was focused primarily on the needs of the parties, especially the party in need. The new law changes this completely. Interim spousal support is now intended to reduce the gap between the incomes of the respective spouses, rather than merely address a spouse’s needs. It was certainly the hope and the expectation of women’s groups that this would create more generous awards.

Simply put, under the new law a spouse who has less than two-thirds of the income of the other spouse is automatically entitled to monthly interim spousal support to reduce the income gap between the two spouses. Specifically, the statute requires the court to set temporary maintenance as either (i) 30% of the moneyed spouse’s income less 20 percent of the non-moneyed spouse’s income or (ii) 40% of the couple’s combined income less the non-moneyed spouse’s income, whichever is lower.

The court may deviate from the formula if the result would be “unjust and inappropriate” but only if the court explains its reasons in writing and makes specific reference to a “laundry list” of 17 factors that it must consider in doing so. The authors of the statute seem to have intended to appeal to the natural inclination of busy judges to apply the arithmetical formula in most cases rather than writing lengthy opinions that might then be subject to appellate review.

This creates a significant problem because the statutory formula is extremely simple while the real life of families is invariably far more complex. The formula does not factor in child support issues or the payment of household expenses. It is not integrated with the statutory provisions for child support. It makes no provision for medical insurance or housing. It operates independently of the division of marital property which does not take place in New York until the conclusion of a divorce case. Continue Reading

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How To Find The Best Family Attorney For Any Aspect Of Collaborative Law

Although many people consider a family attorney as primarily dealing in divorces, family attorneys are able to provide you with legal representation, information and much more in many aspects of collaborative law. This can include prenuptial agreements, issues regarding children as well as divorce. With a prenuptial agreement, you will want to find the best attorney that you can in order to protect you, your interests, your property and assets against the possibility of divorce. The best attorney will be able to create the most protective prenuptial agreement possible, so in any case there is dissolution of your marriage, you will be protected. In addition, and experienced family attorney will be able to help in cases of divorce, whether there is a prenuptial agreement in place or not.

Regardless of whether it is a divorce or annulment, the best family attorney can help you in dealing with all of the issues that may arise concerning a divorce. This can include alimony, division of property, child custody and much more. Concerning child custody, the best attorney will be able to tell you what your rights and obligations are under law. Regardless of whether you need paternity established, or the appointment of legal guardians in the case of death or other incapacitation of the biological parents, the best attorneys available can help with this. What’s more, the best attorneys can also provide emotional support, in often complex and emotionally charged divorce cases. This is completely understandable, as your family attorney will not be able to protect you from the emotional trials and tribulations of divorce, but can protect your rights and privileges under the law.

It is extremely important that you do not try to attempt to understand the extensive collaborative laws on your own, because trying to understand the legalese and the functions of the court system are so complex that attempting it on your own will likely end very badly. For this reason, you want find the best family attorney to help you. You’ll know that you have found the best attorney for your specific case, because they will understand what you’re going through, and be able to provide you with emotional support as well as the most extensive, knowledgeable and professional legal representation possible. Continue Reading

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