Can you be Charged Twice for the Same Crime?

You’ve probably heard of double jeopardy, an important legal concept which means that a criminal defendant cannot face prosecution twice for the same offense. Although double jeopardy is a vital component of the U.S. Constitution, there are scenarios in which it does not apply. If you commit a crime in different states, counties or your offense violates both state and federal law, you may face prosecution for the same crime in multiple courts.

Facing Criminal Charges in Multiple Courts

Regardless of whether you have been convicted or acquitted in a particular jurisdiction, you typically cannot not be tried again for the same crime in the same court. However, you can still be tried in another state or the federal court system if charges have been brought against you in those jurisdictions. This falls under the legal concept of “dual sovereigns,” which means that if your crime violated both state and federal laws, the United States and state governments may both prosecute you without violating the constitutional protection against double jeopardy. These types of cases are very complex, so it is vital to seek the counsel of knowledgeable criminal lawyers who are familiar with all aspects of criminal law and have experience representing defendants in multiple jurisdictions.

Prosecution after a Mistrial

A judge may declare a mistrial for several reasons. One of the most common scenarios that lead to a mistrial is a “hung jury,” which occurs when all jurors cannot come to a consensus on the defendant’s guilt or innocence. The concept of double jeopardy only applies in cases where the defendant was definitively and unanimously found not guilty by a jury. In a mistrial, because the original jury was unable to reach a verdict, the prosecutor could potentially try the defendant again in a new trial with a new jury. Again, if you’ve been federally charged or charged with the same crime in another state, you may face another trial in that jurisdiction, even after an acquittal.

The Importance of Hiring an Experienced Criminal Defense Attorney

Regardless of whether you’re facing charges in one or more jurisdictions, it is critical to have skilled criminal attorneys in your corner who will fight to protect your rights and help you understand the complexities of criminal defense law. The distinctions among local, state and federal law are complicated, and a lawyer whose focus is not in the area of criminal law may not know precisely what happens after a felony conviction or the ins and outs of representing a criminal defendant in multiple jurisdictions.

At Carosella & Associates, we use our combined skills and experience to develop effective defense strategies and work to achieve the best possible outcomes for all of our clients. If you are facing criminal charges, our experienced and compassionate legal team provides personalized, top-quality legal representation and will relentlessly fight to protect your rights and interests.

This blog was originally posted at https://carosella.com/can-you-be-charged-twice-for-the-same-crime/

Think You’re Cut Out For Doing FSBO? Check this out.

These days many homeowners are putting their homes on the market without the assistance of a real estate agent. With so much information available online, selling “For Sale by Owner” can help you avoid paying a realtor a commission and let you keep more money from the sale of your home. Although it’s easy to look up comparables in your area and research the local market to determine a fair price, the legal and financial complexities of real estate transactions require an experienced lawyer to review contracts, prepare sales agreements and ensure that the sale of your home goes smoothly from start to finish.

Advantages of Hiring a Real Estate Lawyer for FSBO

Hiring a skilled real estate lawyer in PA to assist you with selling your home can end up costing far less than paying a realtor a six percent commission fee. Your attorney will guide you through the entire process—he or she will ensure your rights are protected and help you avoid common mistakes that often surround FSBO transactions. An experienced real estate lawyer can help you come up with a successful strategy for selling your home, negotiate on your behalf and accompany you to the closing to make sure all loose ends are properly tied up. Real estate lawyers also have resources and connections that can help you find a reputable title insurance company, appraisers and other services.

Real Estate Purchase and Sale Agreement

A residential real estate lawyer will save you the hassle of handling the more complicated aspects of your FSBO sale. Once you accept an offer from a serious buyer, your attorney will create a real estate purchase and sale agreement, a vital document that’s designed to safeguard both parties’ rights and interests. This contract outlines many important aspects of the sale of property, including title condition, property details, final sale price, earnest money deposit, disclosures, contingencies and closing date. Your attorney may also act as an escrow agent by holding the buyer’s earnest money in a lawyers’ trust account.

Preparing a Deed For Sale By Owner

There are many specific details and language that must be included when preparing a deed for sale by owner. There are multiple steps, documents and standards that are required by all recorders of deeds in Pennsylvania.  A lawyer who is well-versed in handling for sale by owner transactions knows exactly what is required when creating and registering a new deed, including how to correctly prepare payments for fees and transfer taxes.  Having a lawyer prepare the deed will ensure that ownership of the property is transferred according to all local and state laws and requirements. If these requirements and procedures are not properly followed, transfer of ownership could be deemed invalid and result in costly legal claims down the road.

At Carosella & Associates, our experienced West Chester real estate attorneys offer exceptional legal counsel and real estate law services. Our skilled legal team will work hard to make your FSBO transaction  trouble-free from beginning to end.

This blog was originally posted at https://carosella.com/think-youre-cut-out-for-doing-fsbo-check-this-out/

What is a No-Fault Divorce

No-fault divorce can help couples separate amicably, avoid stress and cut down on family conflict. Simply put, no-fault divorce allows one spouse to obtain a divorce without the other spouse’s consent. Regardless of the type of divorce you may be considering, seeking the counsel of experienced local divorce attorneys is vital to protect your rights and interests.

No-Fault Divorce

If you file for fault-based divorce, you must prove wrongdoing by your spouse. No-fault divorce means that the person filing for divorce is not required to show any fault by their spouse. “Irreconcilable differences” is often cited in no-fault cases.

If your spouse does not consent to a divorce, you must wait a designated period of one year before you can seek relief through the courts including division of assets and any determinations regarding alimony. If your spouse has been in a mental hospital for 18 months and will remain in the hospital for at least another 18 months, you can file for divorce on no-fault grounds.

If both parties agree to the divorce, you can seek an uncontested divorce by mutual consent, which is typically granted 90 days after the divorce filing. Mutual no-fault divorce gives both spouses an opportunity to consent to divorce and avoid a long, drawn-out process. An uncontested divorce by mutual consent means that both parties give sworn affidavits declaring that the marriage is irreparably broken. In this type of no-fault divorce, it is crucial to have a lawyer draft a divorce settlement agreement, which outlines the terms of the divorce, rights and responsibilities of each party and division of property, assets and debts.

Filing for No-Fault Divorce

Before you file for divorce, it’s a good idea to make an appointment for a legal consultation and prepare the right questions to ask your divorce lawyer that would help to determine your best course of action. An experienced family law attorney can help you understand how divorce and custody proceedings work in Pennsylvania and prepare you for any pitfalls that may arise.

To file for any type of divorce in Pennsylvania, you or your spouse must have lived in the state of PA for at least six months. To file for no-fault divorce, you must first file a divorce complaint with the Court of Common Pleas in the county where you or your spouse resides. Your complaint should outline your eligibility for divorce in Pennsylvania, the reason for your divorce, and include any other matters you want the court to decide. These documents need to be served on the other party within 30 days of the date they were filed. It’s important to remember that even if you’re filing for no-fault, you may still encounter frustrating roadblocks that can delay proceedings if your spouse does not consent to the divorce. A divorce attorney can provide advice and more specifics on how to file for divorce in PA.

At Carosella & Associates, our skilled Chester County divorce lawyers  will help you determine which type of divorce best fits your needs and ensure that your rights are protected.

This blog was originally posted at https://carosella.com/what-is-a-no-fault-divorce/