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An Overview of Statutory Rape Law
This content contains sensitive subject matter related to legal defense for crimes of a sexual nature. Sex between consenting partners can be against the law when one of the individuals is a minor. Even if the minor seemingly agrees to have sex, the law does not give them the legal ability to consent until they reach the age of majority. Sexual intercourse with a person under the age of consent is statutory rape. An arrest for statutory rape can ruin your reputation. An attorney with experience defending against sexual offenses may be able to help you avoid a criminal conviction […]
Voluntary Manslaughter: An Overview
The definition of voluntary manslaughter under federal law is the unlawful killing of a human being upon a sudden quarrel or heat of passion. Typically, this means that the defendant had no prior intent to kill. Voluntary manslaughter is a lesser-included charge of murder. So, when a prosecutor brings a murder charge, the jury can find the defendant guilty of voluntary manslaughter without the prosecutor having to bring those charges. Reducing a Murder Charge to Voluntary Manslaughter The definition of voluntary manslaughter varies from state to state. However, for a murder charge to be reduced to voluntary manslaughter, you need […]
What Is the Difference Between a Felony and a Misdemeanor?
Most crimes fall into two categories: felony crimes and misdemeanor offenses. Knowing the fundamental differences between the two is essential if you are ever facing criminal charges. Felonies and misdemeanors each carry their own set of consequences. This underscores the importance of having an experienced criminal defense attorney by your side throughout the criminal process if you are facing criminal charges, whether those charges are felony charges or misdemeanor charges. A criminal defense lawyer in your area will know how to advocate for you and know how to prepare the best defense for you. Understanding the Basics Generally, misdemeanors are less serious criminal […]
Constructive Trust
Imagine you own something valuable to you, like a new lawn mower. One day, your neighbor borrows it, but they like your lawn mower so much that they won’t return it. So, you take your neighbor to court. The judge may create a constructive trust for the lawn mower until your neighbor gives it back. This article explains constructive trusts. State trust laws vary and are quite complex. Contact an attorney near you with experience with constructive trusts if someone takes your property. An experienced attorney can give you legal advice about your unique situation and protect your rights. What Is a […]
Business Taxes
You’re busy running your small business. You probably don’t have a lot of time to devote to business taxes. But ignoring them can lead to trouble for your business. As a small business owner, you must understand the taxes your business must pay. Otherwise, you could pay interest, have your property seized, or worse. Business taxes are complex. There are federal and state taxes you must stay on top of. Talking to a business tax attorney in your area is a good idea. They can give you legal advice and explain the tax laws in your state. What Are Business Taxes? Business […]
Rights Under the Americans with Disabilities Act (ADA)
Some employers don’t think people with disabilities can do a job just like anyone else. This often leads to discrimination. The Americans with Disabilities Act (ADA) protects workers against unlawful discrimination based on disability. If your employer violates your civil rights because of a disability, you can file an ADA complaint to recover compensation. Contact an employment law attorney to get legal advice about your disability discrimination rights. What Is the Americans With Disabilities Act? The Americans with Disabilities Act of 1990 is a federal law that makes it illegal to discriminate against a qualified individual with a disability. The U.S. Equal Employment […]
What Is the Role of the Expert Witness in Personal Injury Trials?
An expert witness can help when a personal injury case involves technical, scientific, or specialized knowledge. Experts can help the jury understand the evidence in a case. When there are multiple experts, the jury can decide which expert to believe in deciding the case. Experts can be helpful in a personal injury claim. However, it is helpful to understand the benefits and limitations of expert witnesses. For more information about the role of expert witnesses, talk to a personal injury attorney for legal advice tailored to your specific situation. What Is an Expert Witness? An expert witness is someone qualified as an […]
What Is Assault?
Many people believe that assault is a crime that requires actual physical injury, but that isn’t always the case. The crime of assault includes any threat of or attempt to physically harm another individual. Unwanted touching or threatening to touch someone also qualifies as assault. Criminal laws for assault and battery depend on state law. Assault offenses and criminal defense options vary by state. For more information about your legal rights after an assault charge, talk to a local criminal defense attorney. What Are the Different Types of Assault? Assault can have several different meanings. Some types of assault are more […]
When Must the Police Read Me My Miranda Rights?
Your Miranda rights are some of your most important rights if you are under criminal investigation. Your right to remain silent and your right to an attorney could mean the difference between prison and freedom. However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question. If you believe that you are a potential suspect in a crime, then it may be wise to politely decline to answer questions, at least until after talking to a criminal defense lawyer. What Are Miranda Rights? Miranda rights are a criminal law concept. […]
Do I Need a Lawyer if I'm Being Evicted?
Eviction can be a very scary time. It can be a life-altering and devastating experience, especially if you have children. But do you need a lawyer if you are facing eviction? Technically, no. But should you? That depends. While landlords must follow the rules and procedures to pursue an eviction against you, which vary from state to state, landlords file evictions in small claims court in many states. Small claims courts can be very user-friendly for non-lawyers. For this reason, it’s common for both landlords and tenants in these states to participate in eviction proceedings in small claims court without lawyers. In […]
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