Family Law vs. Criminal Law
The Differences Between Family Law and Criminal Law
Criminal law and family law both include imperfect people caught up in problematic circumstances. Watching television shows or movies that have a legal theme often give us great insight into how the law works. Anyone who watched the long-running, prime-time drama “Law and Order” learned a lot about criminal law and how the District Attorney’s office and the police function in its behind-the-scenes approach to realistic TV. However, in the prime-time drama “L.A. Law” we got an up-close-and-personal look at a busy law firm with the spotlight on the Firm’s divorce attorney, Arnie Becker. This rather unrealistic plot, which might have been good for laughs as to his lifestyle beyond the office hours and “hook-ups” with women clients, did not accurately portray your average hardworking family law counselor or divorce attorney. Although these shows tend to give us a small glimpse on how the law works there's just much more to it.
It is fair to say that most people will seek the services of a general-purpose lawyer at some point in their life. They may need one in conjunction with the purchase or sale of a home, or perhaps they are proactive about their future and may need to have certain estate documents drafted, such as a will, trust, medical directive and/or power of attorney to be put into place. But, life isn't always easy, nor is it fair and sometimes you are ensnared in difficult situations that could find you at the doorstep of a family law attorney or a criminal attorney. If you require the services of a family law attorney and you live in NJ you should contact an experienced family law attorney in NJ. We'll look at their respective practices in depth below.
Family Law
In the United States about 50% of marriages end in divorce. Although some couples do get to live their happily ever after, others don't always have the same luck. Sometimes people and circumstances change which can lead you to the route of divorce. There could be factors that may have precipitated the break-up, such as financial stability, infidelity, alcohol or drug dependencies or domestic violence.
If you are considering divorce, you should consult with a family law attorney. A family law attorney is skilled in marital relationships including civil unions or domestic partnerships and how to achieve the best benefits as the division of assets and personal property. The family law attorney is experienced in representing the client's best interest such as alimony, and in case of minor children, child support, custody, and visitation. Family law concerns the rights and obligations of spouses, children and other domestic relations.
On the Verge of Divorce
In the United States, 50% of marriages end in divorce. A divorce formally dissolves a legal marriage. There two types of divorce that courts in the United States recognize: absolute divorce and limited divorce. Limited divorce is the termination of the right to cohabitate but the court refrains from officially dissolving the marriage. Absolute divorce is obtained if there is some kind of evidentiary showing of misconduct or wrongdoing on one's spouse's part presented to the courts. Absolute divorce is a judicial termination of a legal marriage. Following a divorce, the court must divide the property between the spouse. There are two different types of property - marital property and separate property. Separate property is any property that one spouse possessed and purchased prior to the marriage. Marital property is any property that the spouses obtained individually or jointly during their marriage. Divorce is often a long process that requires the guidance and experience of a professional.
Alimony
Alimony are payments from one spouse to the other. There are three types of alimony - permanent alimony, temporary alimony, and rehabilitative alimony. Permanent alimony requires the payer to pay for the rest of the payer's life or until the other spouse receiving payments had remarried. Temporary alimony requires the payer to to pay the other spouse until they can financially support themselves on their own. Rehabilitative alimony is short-term alimony that requires the payer to give to the other spouse until property division proceedings have finalized.
Prenuptial Agreement
Prenuptial Agreements end the speculation and divisiveness up front. Prenuptial agreements are a common legal step taken before marriage. Divorces can sometimes get ugly, but with a prenuptial agreement in place they can make your divorce a bit much more easier. A prenuptial agreement establishes the property and financial rights of each spouse in case of a divorce. Prenuptial agreements remind of me of the saying...it's better to be safe than sorry. This way, the party who puts the most assets into the relationship, need not be concerned whether the marriage is a sham or if it just doesn't quite work out.
Post-nuptial Agreement
Perhaps you're already married but you eventually start to notice your significant other's extreme spending habits that could be running you out of money in the near future. A family law attorney can help you put this document into place. In a post-nuptial agreement you are essentially putting a contract into place for your financial security in the event that marriage falters down the line. This agreement is the same as a prenuptial, except that you and your spouse enter it after you have already gotten married. It is prudent that when looking to have a post-nuptial agreement prepared to protect your financial assets that you seek separate counsel.
Criminal Law
Criminal law proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It is a system of laws concerned with punishment of individuals who commit crimes. Should you ever tread into troubles that are so severe that result in charges accusing you of a crime by the government, you need to immediately contact a criminal attorney. In the case of a criminal matter, the government, through its Attorney General or prosecutors, will choose to file criminal charges against a defendant. An individual may file charges against a person or company with a civil action, but only the government is permitted to file a criminal charge. Criminal lawyers focus on the defense of state and federal crimes and fight for your rights. Criminal defense attorneys are a crucial advocate for anyone charged with a crime. They are very familiar with local criminal procedures and laws. Criminal cases are usually classified as a felony or a misdemeanor. If you were arrested for a crime against property, a drug crime, or a crime against a person, a criminal defense lawyer can help.
Felony
A felony is a serious misconduct that is punishable by imprisonment for more than one year or in some states by death. Felonies are usually subdivided into different classes with varying degrees of punishment. A felony can either be violent or non-violent. If found guilty in a felony, the imprisonment will be served in a prison facility and there may also be felony charges imposed.
Misdemeanor
Guilty or Not Guilty
In order for the government's case to "stick" during the pendency of the trial, the government must show "beyond a reasonable doubt" that the defendant is guilty of the charges brought against him or her. The prosecution, which may be a single prosecutor or a team, must prove to the jury that the defendant is guilty, and if they are not successful in doing so, the defendant shall remain "innocent until proven guilt". Some criminal trials can last for weeks, even months, especially in murder cases or high-profile cases.
In conclusion of the criminal trial, the defendant, will either be found guilty or not guilty. If found guilty, the defendant will be convicted, and if found not guilty, the defendant is deemed acquitted. Before a defendant may be found guilty, the verdict by the jury must be unanimous. The defendant may appeal if found guilty, however, if acquitted, the prosecution is not allowed to appeal that same verdict.