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The Role of a Public Defender
by: Mart Gil Abareta
When you’ve been wrongly accused of a certain crime and been prosecuted, you’ll certainly need the legal help and assistance of a public defender especially when you can’t afford to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case. However, getting a public defender is not that easy. You also have to go through a somewhat-rigorous process.

The role of a criminal defense attorney is really complex. He can challenge probable cause for arrest, argue in favor of being released on your own recognizance or on very low bail, negotiate plea bargains with prosecutors, discuss the pros and cons of going to trial, and discuss the advantages and disadvantages of pleading guilty instead of going to trial. These things are what a public attorney can offer you when you’re in the same circumstances.

As what I’ve said, getting the service of a public attorney from a public attorney’s office is not so simple. You have to go through a careful evaluation of your financial assets, properties, incomes and debts to determine if you are eligible for representation by a public attorney. And, if you can’t afford to hire a lawyer from the private legal community, the court will automatically appoint a government-paid lawyer to represent you.

Being freed from the payment of your legal fees is not the only advantage in hiring a public defender. With regards to a public defender’s capabilities, you can consider him as the “perfect knights for justice” because he is very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. Additionally, he is updated on new laws and legal theories in his area of specialty. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.

Regarding the drawbacks, you have to know that a government-paid lawyer often has a huge overload of cases so he can’t devote a lot of time to a certain lawsuit. He also often lacks office equipment and adequate research access, and can’t afford to hire investigators to properly flesh out your case. As a result, you may have little or no access to your lawyer except during actual court hearings.

With all these, the decision is still left for you to decide on if you’ll want a public defender to back you up in your case or not.

About the author:
For comments and questions about the article, you may visit http://www.mesrianilaw.com



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 Legal Debt Collection Tricks
 by: Steve Austin

If a customer owes your local business money, it's hard not to feel angry, like you want to do anything possible to get your money back. But the days of going all out to collect on a debt over.

The Fair Debt Collection Practices Act, designed to protect consumers from harassment or intimidation, sets firm limits on what you can do to collect a debt from a consumer. The federal debt collections law even prohibits practices that were once standard, and that you might not consider harassment at all.

Besides, as a local business, you have an even more powerful reason to be especially careful about legal debt collection issues. You have something much more valuable at stake than a lawsuit: your business's reputation in the community.

Legal Debt Collection Best Practices:

There are plenty of articles on the web that lay out in plain English what the Fair Debt Collections Practices Act says you can and cannot do. Just to give you some idea of the law's requirements, here are some of the biggest:

- No telling any third party about the debt (except collection bureaus, collection agencies, or the debtor's attorney).

- No calling on the telephone 9 pm - 8 am, or calling repeatedly in a way that is annoying.

- No postcards or envelopes that mention the debt.

- No threats to take actions you cannot or will not really take, such as seizing property, in the case of an unsecured debt.

- No misrepresenting yourself (e.g., "Hi! This is the Publisher's Clearinghouse Sweepstakes. May I speak to John?").

- No paying down the debt with payments the customer has directed be applied to other debts

Tips and Tricks for Legal Debt Collections:

With all these limits on what you can do to collect a debt, what can you do legally?

- Speak with the debtor personally on the telephone


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