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Check Out These Helpful Tips about Bankruptcy and Criminal Law

If you’ve found our recent blog articles helpful, covering topics such as the criminal justice process and how Chapter 13 bankruptcy can help stop the foreclosure process, you may find these additional resources informative as well:

• Chapter 13 bankruptcy is for those who still earn a steady income. Learn more about Chapter 13 bankruptcy with this guide from the U.S. Court system.
• Bankruptcy is a useful tool when you simply need to get out from under crushing debt. Find out the facts on bankruptcy with this article from Bankrate.com.
• Repairing your credit should be your first major goal after successfully filing for bankruptcy. Read this guide to learn more about receiving your first credit card after bankruptcy.

• According to the New York Times, bankruptcy filings decreased in 2011, a positive sign for a slowly recovering economy.
• The United States has the most extensive criminal justice system in the world. Find out more with these facts from the Bureau of Justice Statistics.

For more information or to discuss your case with an experienced and talented legal team, call American Law Center at (909) 498-4566.

Understanding the Criminal Justice Process

The United States has an extensive criminal justice system. Living amongst such a society, it is important to have a solid understanding of the criminal justice process. Here’s a brief overview of this process, from the preliminary investigation to your criminal defense attorney’s final appeal.

Investigation

Every case starts with an investigation into a crime. Law enforcement searches for evidence and proof of the crime. Once they believe they have probable cause to suspect an individual of being guilty, they can gain a warrant and make an arrest.

Prosecution

Once in custody, the district attorney reviews the case and decides which charges to bring against the accused. This requires weighing many factors, including the strength of the case against the accused and any past criminal record.

Arraignment

This is the stage when the defendant is able to enter a plea. The most common pleas are guilty or not guilty.

Trial

The defense and prosecution will lay their cases before a judge and jury. The standard of proof required in criminal cases is usually beyond a reasonable doubt, meaning the prosecution must prove the defendant committed the crime.

Sentencing

If the defendant is found guilty, the judge delivers a sentence. This may include anything from incarceration in a jail or prison to probation, fines, community service, counseling, or drug rehabilitation.

Appeals

An appeal is when your case is reviewed by a higher court, usually to check for any errors that may have been committed by the judge of the lower court. You will still have to serve your punishment while your case is being appealed. If the court finds that errors have been made, the court may remand your case back to the lower court for a retrial, either in whole or in regard to a certain area.

The criminal justice process is lengthy, but it is designed in the hopes that everyone who becomes a part of it is given a fair and unbiased opportunity to be proven innocent or guilty. If you’ve been accused of a crime, it is important to contact an experienced criminal defense attorney to begin working on your defense as soon as possible. Call the American Law Center at (909) 498-4566 to speak with our experienced legal staff today.

How Chapter 13 Bankruptcy Can Be Used to Stop Foreclosure

Making the decision to file for bankruptcy can be difficult, but it may be your best option when you’ve been weighted down by debt and don’t see any other way out. What many people don’t realize is that bankruptcy may actually help you to keep your house. This is especially true when you file under Chapter 13 bankruptcy, otherwise known as wage earner’s bankruptcy.

Freeze Your Foreclosure Proceedings

The most immediate effect you will see after filing for bankruptcy is that all collection efforts by all creditors and lenders will cease immediately. This includes any foreclosure proceedings, even if the process is already well under way. When you file for bankruptcy, an automatic stay is placed on all of your creditors’ collection efforts. The automatic stay affords you time and reprieve from constant harassment and the impending timeline of debt collection and foreclosure proceedings.

Pay Back Your Debt

Chapter 13 may do more than just stall foreclosure proceedings. Under Chapter 13, the court will review your income, assets, and debts, and create a payment plan. Under this plan you will receive a portion of your income to live on, and the remainder is used to pay off your debts. You may be allowed to keep your home under this payment plan, although you will still have to make payments on your mortgage. The assets you keep vary from state to state, so be sure to consult with an experienced bankruptcy attorney to find out how Chapter 13 can help you.

Bankruptcy is a last resort, but it can change your life for the better. It may allow you to start a new chapter in your life, free from the debt that keeps you awake at night. To discuss your finances with a bankruptcy attorney, call the American Law Center at (909) 498-4566. Our Riverside representation is friendly, experienced, and ready to fight for your rights.

What is the Miranda Law?

Most people have heard of Miranda rights. Miranda warnings are an important constitutional protection afforded to use when people are taken into custody by law enforcement agents. Watch this video to learn more about Miranda warnings.

Miranda warnings are required to be given to a suspect once he or she is taken into police custody and questioned. The warnings contain three parts: the right to remain silent, anything you say can and will be used against you in a court of law, and the right to an attorney.

If you would like to discuss your case with an experienced criminal defense attorney, call American Law Center at (909) 498-4566. We specialize in family and criminal law as well as bankruptcy cases.