Month: April 2021

Criminal Defense

Role of Criminal Lawyer in Protecting the Rights of the Defendant

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. 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.

Criminal Defense Lawyer

 

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. Click here for more about hiring the best criminal defense attorney.

Share
Probate and Settlement of Estate

Application for Probate of Wills- Guide and Steps

Probate is simply the legal procedure utilized to ensure that an individual’s personal property and possessions are properly distributed upon his or her death. In a simple nutshell, the probate process is designed to make certain that debts owed to a deceased individual are properly paid; that someone is in control of distributing the deceased’s estate; and that all terms of the will are fulfilled. Probate can take many different forms and can be handled on either a local or state level. The procedures involved can be simple or complex, depending upon the particular jurisdiction. In most cases, it is handled by a probate lawyer.

Typically, there are three parties that come into play during the probate process. First, there is the decedent; then there is the executor or administrator, and last there is the court. At the very start, the attorney for the deceased party – generally referred to as the ‘affiant’ – will file paperwork with the court that confirms the identity of the deceased person and states that they have power of attorney over their estate. This power of attorney will grant authority for whomever to handle the affairs of the decedent’s property: the executor or administrator, and anyone else whom the attorney feels is qualified to act on behalf of the decedent. Additionally, this form will indicate that the individual’s death has not been officially determined and that the administration has already begun.

 

Once this is completed, the probate court will issue a death certificate naming the deceased as the claimant of their estate and further stating that the administration has begun. This is often followed by a trust deed or living trust indicating that the person’s estate is being administered jointly by both the state and anyone else who has been named as an executor. At this point, it is important to remember that the real estate that is being protected must be protected and not sold until the probate process has been complete and all debts have been paid. The only exception to this rule is if the testator wishes to pay off any outstanding taxes against the deceased’s properties; this can often be accomplished fairly quickly with the help of an attorney.

 

When it comes to actually working with probate lawyers, there are a few things that you should be made aware of. The first thing that you need to know is that most people don’t realize that they can have a say in the way their estates are handled after their deaths. In many cases, the executor may choose to pay out settlements and keep some of the assets for themselves, and sometimes even sell assets that the probate court has ordered up for distribution. If you have questions about how your property will be distributed or if you would like to see any of your inheritance go towards a particular charitable organization, you should discuss this with the probate lawyer you have hired.

 

The next thing to be aware of is that a probate attorney is going to be one of the most knowledgeable people that you will ever meet. While most people never think about this aspect of their loved ones passing, their lawyer will be able to give you invaluable information regarding your options. Many times, this information can save you enormous amounts of time, money, and heartache. Even if you already have a will in place, a probate attorney can make modifications and amendments to it to ensure that everything is legally defined and permitted. It’s also their job to inform you of any debts that are not properly designated to beneficiaries and can impact your ability to receive your inheritance.

 

One other important piece of information to be aware of is that most of the time the probate process is not affected by estate planning options. Many people who create life insurance or other types of financial investment plans do not include probate in their planning because they believe that their estate will be better served through these methods. While probate can be a very involved process, many attorneys do not charge for this type of consultation and can help you through the process as smoothly as possible. If you are looking for ways to protect your assets from the probate process, a financial plan is probably a good idea. However, if you truly want to do everything possible to safeguard your inheritance and ensure that everything happens according to the law, a probate lawyer should be your number one concern.

Share