Home » Legal » Criminal Law » White Collar Crimes / Property Crimes

Do prisoners have civil rights? Can they successfully sue for violations?

Prisoners lose many of the civil rights enjoyed by individuals in society. This is especially true in maximum-security prisons, where inmates are locked in their cells between 22 and 24 hours a day. In spite of this, prisoners do retain a limited number of civil rights, and can sue the state for certain violations, though in many cases a prisoner’s claim will be balanced against the state’s need to establish safety and security inside the prison.

→ Read More

Credit/Debit Card Theft: Punishments, Penalties and Consequences

The offenses related to stolen credit cards have gradually increased over the last several years thanks to an increase in credit card use over paper checks. When credit cards were first gaining in popularity, the number one credit card theft crime was stealing a credit card users statement out of their mailbox. Credit card theft has evolved, so today it involves more than just stealing a credit card statement from a mailbox.

→ Read More

What is larceny?

Larceny is typically a nonviolent theft involving the wrongful taking and carrying away of someone else’s personal property. While the actions constituting larceny are illegal in all 50 states, the name of the specific criminal charges differs between states.

→ Read More

How can I find out if a will exists?

Regardless of whether someone dies with or without a will, his or her entire estate must go through probate. It is completely plausible that an heir mentioned in someone’s will cannot be located. When this happens, finding out whether there was a will is very important to ensure you receive your inheritance.

→ Read More

Why should a will go through probate?

Probate is the process that transfers legal title of property from the estate of the person who has died (the decedent) to his or her proper beneficiaries. The term probate refers to a proving of the existence of a valid will, or determining and proving one’s legal heirs if there is no will. Since the deceased can’t retain property, probate is the process that determines who gets his or her property.

→ Read More

Does probate court handle more than just probate?

When we think of probate court, most of us think of the court that handles the settlement of an estate when someone dies. You hear about executors and will contests; and while there is certainly a lot of that, many probate courts handle much more.

→ Read More

In which courts can a decision be appealed?

Both the federal and state court systems generally have three levels: trial courts, an intermediate appellate court, and a highest court (i.e. the Supreme Court). Appeals are made to the court at the next highest level, so a decision from a trial court will be appealed to the intermediate appellate court level, and so forth.

→ Read More

Can I always appeal my court decision?

As a general rule, every case can be appealed. However, within that rule there are some definitions and explanations that guide the appeal process and weed out those who should never have appealed in the first place. The appeals court exists to review decisions of law and determine if the law was accurately and impartially interpreted. If your trial was a jury trial, the person that the appeals court evaluates is the judge, not the jury. The appeals court cannot determine the credibility of a witness or make a decision as to whether or not someone was lying in their testimony. Instead, the appellate court determines whether the judge made all of their decisions based on the law.

→ Read More

What is the difference between an arbitration and a trial?

Arbitration and trial proceedings are two options that parties may choose when they cannot resolve disputes on their own. Before deciding whether arbitration or a trial is the best method to resolve your dispute, it is important to understand what they mean and the ramifications of each.

→ Read More