The Difference Between Prison And Jail

There is no doubt that incarceration is designed to be a very unpleasant experience. However, is there any difference between being sent to prison or being sent to jail? Yes, there are differences in regards to rights, policies, and the daily life of an inmate and this article will try to explain what they are.

In a nutshell, the main difference between a prison and a jail is the length of stay. Typically, for the short term an inmate will be put in jail but for the long term an inmate will be put in prison. Jails are usually overseen by a local law enforcement or government agency. They are built to keep inmates who are either awaiting trial or who have received a short sentence. A short sentence would be a misdemeanor conviction as opposed to a felony.

A jail, at times, may operate a boot camp or work-release program. Some jails provide vocational programs, substance abuse programs and educational programs. These programs have two advantages of which one is to provide the inmate with an opportunity to avoid future visits or a boring future like becoming a Staten Island real estate lawyer. The other advantage is that the programs keep the inmates occupied which means that they will likely cause less problems for the jailers.

On the other hand, a prison is usually operated by the state or federal government. A prison is an institution that has been designed to keep individuals who have been convicted of felonies or more serious crimes. Each prison will offer different programs depending on various criteria such as the inmates level of custody. In most cases a program will only be offered to prisoners who are nearing the end of their prison sentence.

Prisons are designed for the long term living needs of the population whereas a jail may have a more transient population and therefore it will have facilities that are less developed.

To learn more about this subject, please watch the following video:

Is It Possible To Sue Your Own Lawyer?

Most people hire an attorney because they need legal help. However, if your lawyer fails to do their job, you may wind up taking them to court. It is absolutely possible to sue your own lawyer. Here are a few situations where that might come up.

If Your Lawyer Misses Court Dates

If your lawyer doesn’t do the job that you hired them to do, you have the right to sue them. You can also sue your lawyer if they abandon your case in some other way. For example, you can sue your lawyer if they refuse to respond to your calls and emails.

If They Misuse Your Retainer Money

If your lawyer uses the retainer money you give them for personal reasons, you can sue them to get that money back. You always have the option to sue your attorney if they have violated your contract.

If Your Lawyer Settles Without Your Permission

If your attorney accepts a settlement without your permission, you can sue them. Even if the attorney was acting in your interest, they need to consult you before accepting a settlement.

If They Make Significant Professional Errors

If your lawyer is making major professional errors that are hurting your case, you will probably want to look for a new attorney. If you desire, you can also sue them for wasting your money and time.

If They Representing A Client That Is Acting Against You

If your law firm agrees to take on a client that is suing you or acting against you in some way, you should absolutely sue them. That is a clear breach of contract.

Can you sue your own lawyer? The answer to that question is a definite yes. With that said, suing your attorney isn’t necessarily something you will want to do. Try to hire a skilled lawyer so that you won’t be put in this position.

Which Countries Around The World Have The Worst Court Systems?

In America, you are innocent until proven guilty, or at least that is what they say. Every court system throughout the world has its flaws. Citizens of the US often forget just how much freedom they have with their Brooklyn personal injury lawyer and how good things are until they take a look around at other countries. There are some truly horrendous examples of court systems and judicial processes throughout the world. In fact, there are countries where citizens still often take matters into their own hands.

Which countries have the worst judicial systems? One of them is Venezuela. Taking a closer look, two more countries that top the list are El Salvador and Bolivia. As you can tell, Latin America takes the cake when it comes to countries with the most challenges when it comes to court systems. What are some of those challenges, and what steps can the countries take to eliminate concerns and treat citizens more fairly?

Make no mistake about it, an unfair judicial system compromises the freedom of a country’s citizens. It also speaks to the level and volume of criminal corruption in a country. So it goes both ways. There is no trust between citizens and government on all accounts, and that isn’t good for anyone. The entire country suffers under a broken judicial system, and if there is a winner, it is crime and lots of it.

One of the countries mentioned so far is said to be in the midst of a constitutional crisis. That country is El Salvador, and while they are in a constitutional crisis, it is because they are trying to take steps to fix their broken judicial system. Whether they can do so or not remains to be seen, but they would like to see the country’s name removed from the list of countries with the worst court systems.

If you would like to get a taste of what the court system in Venezuela is like, please watch the video below:

What Is The Difference Between A State Court And A Federal Court?

What is the difference between a state court and a federal court? Is this something you ever wonder? If you do, you are far from alone. It can be very confusing distinguishing one from another, especially considering how much overlap there are between the two.

State courts and federal courts can actually often be used for trials covering the same laws, and the difference often happens just based on who did an arrest or investigation leading to an alleged crime. If it’s something like the FBI or DEA, then a federal court would handle the case. If on the other hand, a state bureau of investigation or state troopers handle an investigation, the charges might be leveled by a state-level district attorney in a state court.

Not all federal cases are criminal though. Suing someone in another state might have to go to a federal court, as federal courts have jurisdiction that extends across all American soil. State courts on the other hand have no influence past their own boundaries and do not often apply to the other 49 states of the Union.

State courts often have to handle many matters that federal courts might not, given that states have their own sets of laws on top of all the federal ones.

The number of locations that each court system has might vary wildly too. A state might only have federal courts at a regional level, whereas there might be state courts in every county or county seat. This does vary however from one state to the next based on each’s unique geography and distribution of population.

Being found guilty of a state crime might mean spending time in a state prison, so an inmate might stay close to home. Federal convictions could mean being sent anywhere.

How To Start A Business Franchise

Franchises are a wonderful way to enter the world of business and make money.

Those who are looking for a tried and tested concept that has been able to yield results for others can rely on a business franchise. However, it’s important to know where to begin, so you don’t make critical mistakes.

Here is what you need when it comes to starting a business franchise:

1) Set Budget

How much are you going to end up paying for the franchise?

There are upfront fees along with the amount of money you need as cash flow. If you are not able to show these to the franchisor, you will not receive the rights to own a franchise.

2) Do Your Homework

You need to recognize what the business is about and how its future is looking.

If you are not able to do your homework, it is best not to invest and start a business franchise. It could lead you down a horrific path of wasted funds and needing to hire a West Palm Beach criminal defense lawyer.

3) Meet In Person

You will have to go through an interview when it comes to running a franchise.

Look to prepare yourself and know what it is all about as you pinpoint the next step in your journey.

4) Recognize Demand

It is great to go with Mcdonald’s but is there demand in the region?

You don’t want to pay a high cost for Mcdonald’s and then get ripped off when no one comes to the location. It is important to keep your area in mind beforehand. Even a great franchise can fall apart in the wrong location.

As they say, it’s all about “location, location, location” while running a business.

These are tips you want to consider as you are choosing a business franchise and setting it up for the first time:

Things The Court Looks For In A Child Custody Case

Child custody cases are rarely a pleasant experience for anyone. Even when they go smoothly, it still means several people’s lives are thrown into complete disarray. And the fact is that if custody could be decided smoothly, there wouldn’t be a court case.

What this means in practical terms is that it’s important to understand how custody is determined. Now, keep in mind that this is a general explanation. Different states have different laws, and not every judge interprets the same thing the same way. It doesn’t help that some particularly vindictive ex-spouses will make things up just to make the other parent look bad.

Presuming all other things are normal, the court will look at a few different things. One is finances. Having more money doesn’t necessarily mean you’ll win, but it does mean you have the ability to give your child a higher quality of life.

In addition to finances, the court will look at overall stability. How long have you been at your current job? What is your job, and does it provide a steady paycheck? Not so much “does it pay a high amount”, but more “can you reasonably expect to get the same amount at the same time for the foreseeable future”.

Lastly, the court will want to inspect the child’s home life as well as interpersonal relations. This is a difficult one, and is as much a matter of what the court investigator decides as it is about anything you do. It’s difficult, but try to be understanding that Child Protection Services (usually who does the inspection) is underfunded and so can’t offer a paycheck high enough to entice those who would do a good job. And that’s presuming the CPS inspector isn’t weirdly vindictive.

You should speak with an attorney if you want more information about your specific state. Each state is different, and an attorney may be able to find a sympathetic judge, as well.

Do You Know Who Wrote The United States Constitution?

The United States Constitution is a remarkable document, one that brought together a lot of ideas from different people and even other various documents. The Declaration of Independence was a significant influence, as were the Articles of Confederation. You might have heard the term “founding fathers” before, and they were the individuals that made serious intellectual contributions to the document containing a Bill of Rights and amendment process for the nation to grow with.

Most of these Founding Fathers were present at the Constitutional Convention where the document was created and then ratified. George Washington, the first Constitutional President and Revolutionary War General presided over this gathering. James Madison was also there, and he wrote the specific document that wound up serving as the model for the eventual Constitution.

Some of those who made serious contributions weren’t at the Convention but still helped. Thomas Jefferson authored the influential Declaration of Independence without the help of a Tampa Bay divorce attorney, but at the time was serving abroad in Europe as America’s Ambassador to France. He did maintain correspondence with James Madison though.

John Adams was serving abroad as well, as America’s Ambassador to Great Britain, and wrote a famous defense of the Constution. Thomas Paine likewise wrote “Common Sense,” a pamphlet that was infleuntial on the philosophies reflected by the Declaration of Independence.

Interestingly, one person often labeled a Founding Father, Patrick Henry, was early-on someone who opposed the Constitution. He thought the Articles of Confederation should stay in place, as they ruled the land from the end of the Revolutionary War to the Convention. The agreement to add the first 10 amendments as the Bill of Rights swayed his support.

As you can see, a number of individuals had words and ideas that helped shape the Constitution, but primary authorship is often attributed to James Madison.

The video embedded below shows an in-depth history of the constitution:

What Makes Up The Best Law Schools?

Do you ever wonder what the best law schools in America are? If not, you might wonder what situations would ever cause you to think about it, but there are a few that can happen.

For starters, if you are young and considering going to law school, then of course you would want to go to one of the best that is out there, so knowing the best law schools across the nation would help you in picking one of the best ones out there.

Also, if you’re ever faced with a situation where you need an attorney to defend you or represent you in a criminal case or a civil case. You want the best you can get. Their success rate, their charges, and their professional experience all matter, but knowing they went to a great school matters quite a bit, and you can’t know that unless you know which educational institutions are considered the elite.

Of course which of the two situations you’re in will reflect different criteria in what might be considered the best law schools around. Graduation rates and the affordability of tuition could color your opinion much differently if you’re looking for a great school to attend rather than if you’re hunting for someone to represent you.

Fortunately, the Internet abounds with resources listing the schools that are considered the best. You can look for the best in America, the best in your region, and even the best in your state, if your state has multiple legal schools, which isn’t always the case in smaller and rural states. The legal industry reviews itself quite frequently as a way of policing itself, as it knows just how important and critical their profession is to the maintenance of civil society.

The Difference Between The Processes Of Litigation And Arbitration

Litigation is the process of determining issues through a court trial. But arbitration is a process that is very different from the process of litigation. Most of you may have heard of litigations but not much about arbitrations. No doubt, most of you may have seen an arbitration clause in most of the contracts you have signed or witnessed. In fact, arbitration is the process where two parties to a dispute agree to work with an uninterested third party to resolve a dispute between the two individuals. This article provides information on the difference between litigation and arbitration.

The process of arbitration may employ one or more arbitrators to hear both sides of the case and make a decision accordingly. Even though the litigation process is conducted in an open courtroom in public, arbitration is a private process conducted between the two parties involved in the dispute and the arbitrator. It is informal in nature, though if it includes an intellectual property law firm it can get pretty dull. Arbitration is quick compared to the process of litigation. Once the arbitrator is selected, the process begins. Litigation can take months or even years to complete the case. In fact, the court will give the dates depending on their availability.

The cost of arbitration is inexpensive compared to the cost of litigation. The cost is limited to the fee of the arbitrator depending on the size of the claim, experience of the arbitrator, and other documentation charges. On the other hand, the cost of litigation could be really high which includes the court fees, attorney charges, and other fees. Even though an attorney may represent the parties involved in arbitration, their role is limited compared to an attorney’s role in the process of litigation.

The aforementioned read and following video offer information on the difference between the process of litigation and arbitration.

The Best Courtroom Movies

Over the years there has been some great courtroom scenes in movies such as “A Few Good Men”, “12 Angry Men”, and “A Time To Kill”. For example, in “A Few Good Men”, Tom Cruise (Lt. Daniel Kaffee) defends 2 U.S. Marines in a military courtroom. The 2 Marines are charged with the murder of a fellow Marine. The murder takes place in Cuba at the Guantanamo Bay Naval Base.

Lt. Daniel Kaffee takes a risk at the end of the movie and calls the commanding officer of Guantanamo to the witness stand. He does this in an attempt to uncover a conspiracy that the commander is not only aware of but is in charge of. Lt. Daniel Kaffee believes that the conspiracy is what led to the death of the Marine. Jack Nicholson plays the commander and Demi Moore plays a legal assistant.

“12 Angry Men” is a movie from 1957 that takes place in a courtroom and in an adjoining room where the 12 member jury deliberates. This movie is loaded with stars from that era including Henry Fonda, Martin Balsam, and Lee J Cobb. Though it is an older movie it provides and excellent explanation an examination of the U.S. jury system.

A “Time To Kill” is a drama thriller that features M. McConaughey, S. Bullock, K. Sutherland, K. Spacey, D. Sutherland, A. Judd, and Samuel L Jackson. Samuel Jackson plays a brokenhearted father who is out to avenge the brutal rape of his young daughter. This movie takes place in a small segregated southern town that has a history of racial violence.

The above are just a few of the excellent movies that contain courtroom and legal drama but there are many others such as Erin Brockovich, The Rainmaker, Runaway Jury, and A Civil Action.