Criminal Court

In all criminal cases, the defendant is presumed to be innocent. That means he or she may not be convicted unless proved guilty beyond a reasonable doubt.

A criminal case begins when a prosecutor files formal charges, a person is arrested, or a grand jury issues an indictment.

If a defendant, the person accused of a crime, is in custody, he or she has the right to an arraignment within 48 hours of being arrested. At this hearing the judge will officially tell defendants about their constitutional rights and explain the charges against them. Also, bail (property temporarily given to ensure that a person released from custody will return at an appointed time) may be raised or lowered. In order to be released without paying bail, defendants may request to be released on their promise to appear. This is called "on their own recognizance" or "OR".

If a defendant who has been charged with a felony or a misdemeanor cannot afford to hire an attorney, the court will appoint one from the public defender's office. (The court does not appoint a public defender in infraction cases since they do not result in jail or prison terms.)

At the arraignment defendants will be asked to plead to the charges against them: guilty, not guilty, or, in some cases, nolo contendere (the person does not contest the charges, which legally is the same as a guilty plea).

Success In Small Claims Court

You've seen the TV shows with Judge Wapner, Judge Judy and the like ruling in small claims court. Beyond TV-land, how do you decide if your dispute with a landlord, neighbor or car repair shop is worthy of small claims court?

The Basics
Small claims courts limit claims for damages to a certain amount, ranging from $2,500 to $5,000. Small claims cases typically involve fender benders, property damage, disputes over security deposits, personal debt and lousy consumer goods.

Before heading to small claims court, it's a good idea to try these alternatives:

Write a letter asking to negotiate a compromise
Resolve your claim through your local Better Business Bureau or state attorney general's consumer protection division
Arrange for mediation through a neutral third party in a neutral setting — but you need the other party's cooperation.
Getting Help
While many small claims courts don't allow attorneys in the courtroom, consulting with a lawyer before even filing your case can help. A lawyer can brief you on the law in your state and give specifics, such as any statute of limitations. A lawyer also knows if you can ask for extra damages under state law. For example, some states allow someone harmed by a consumer protection violation to collect up to three times the actual damages.

A lawyer may also help you figure out if you'll collect any judgment. If the other party doesn't have a job or any assets, a small claims case may be a waste of time.

A lawyer can also help you organize your case, and give you tips on strategy and tactics.

If you can't afford a lawyer because of the small amount of money involved, check out free legal assistance from a local legal services office or a law school legal clinic.

Child Support

WHAT IS A CHILD SUPPORT ORDER?
A Child Support Order is a document from a court that states (a) when, (b) how often, and (c) how much a parent is to pay for child support. A Child Support Order is typically part of a divorce decree or paternity judgment.

WHO CAN BE ORDERED TO PAY IT?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

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Consumer Complaint

Each year, millions of consumers experience problems with a product or service. There are several strategies for resolving those complaints. First contact the seller. If that does not work, contact a consumer complaint agency. If that does not bring satisfaction, consider other options, such as arbitration or filing a lawsuit. This article begins with the assumption that you do not yet need a lawyer to help you. If you are sure you need a lawyer open "How to Hire the Right Lawyer" and "Understanding the Legal Fee Agreement." There are many lawyers with many different levels of expertise and experience, who practice in widely different arenas. You will want someone with specific experience in prosecuting a specific case for you. These two related articles explain how an experienced lawyer goes about finding the "right lawyer" for a particular case and what you can and should expect in negotiating a contract for legal services.

CONTACT THE SELLER
Whether your problem is a defective hair dryer or a leak in your newly installed roof, the first step in resolving your problem is to contact the merchant who sold you the product or service. Most consumer complaints are settled at this level.

But first be prepared.

Always make a record and document what went wrong with a letter, by taking photos or by having your neighbor confirm that the ceiling under the new roof was leaking after the rain. Save boxes, brochures, and other written materials that were provided by the seller or contractor.

Mistakes To Avoid Before You Hire A Lawyer

Finding the "right lawyer" is a great challenge, even for lawyers themselves. When you have a medical problem, a doctor will help decide whether you need specialized care and assist in providing immediate and necessary care. On the other hand, when you are in need of legal assistance, you are on your own. Few states recognize a vast range of legal specialties and outside of the Yellow Pages there is little readily available information to help in the selection of an experienced lawyer. Unfortunately the advice offered by bar associations, such as The State Bar of California, is so general that it is of little value. After you have read this article and the specific advice provided here, open The State Bar of California's advice on how to hire a lawyer [http://www.calbar.org/2con/3conhowc.htm] and compare. It is a well intended piece but it is so general and lacks specific recommendations that it is not very helpful. The purpose of this article is to provide specific advice and to explain how lawyers find the "right" lawyer.

Often, people begin looking for a lawyer to represent them when they are confronted with a crisis. They may be dealing with a family death, serious injury, divorce, or criminal charge. Many times it is easiest to choose a lawyer who is friendly and supportive, without conducting research into his or her background and experience.

Choosing a lawyer simply because he or she is understanding may lead to later dissatisfaction. While the Yellow Pages or a television advertisement may be a good place to start, keep in mind that such sources are merely that and only a starting place.

Lawyers should be selected for their expertise and experience in specific categories of cases. The "right lawyer" is the person who has substantial experience handling a case very similar to yours, who can and will take action at once. She or he does not have to "look into it," "think about it and call you back" or "check the most recent court decisions." The "right lawyer" knows what to do immediately, acts effectively and with little wasted effort or wasted expenditures of your money.

Under what circumstances should I hire a lawyer?

If you are accused of committing a crime, charged with drunk driving (DUI), or party to a law suit, you definitely need a lawyer. You should contact a lawyer right away, especially if there are witnesses to interview and/or evidence to gather. A lawyer can also help you avoid legal problems, as well. For example, you can file for a divorce or file for bankruptcy by yourself, but a lawyer can help you avoid legal issues that may arise due to changes in laws or if any other legal complications arise. A lawyer's advice can also be invaluable if you need to sign an employment or contractor agreement, or if you need to sign a contract or agreement to buy a house, a car or make any other major purchase. Legally binding contracts and agreements have a lot of jargon you may not understand. Hiring a lawyer to help you through these contracts could save you a lot of money and prevent legal complications that could arise later on.

Hiring a lawyer will prove to be a valuable investment if you plan on starting a business with a partner, forming a limited liability company (LLC), or forming a corporation. There are a lot of legal issues involved with starting a business, particularly when partners or stockholders are involved. Having a lawyer will save you a lot of time and legal hardships, not to mention the fact that the lawyer will be able to better determine what business formation is best suited to your needs. These are just a few examples of how lawyers can help you understand your rights and solve legal problems, many times before they become problems.