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Most people would prefer not to have to deal with the law, but many aspects of daily life can call for legal paperwork or a court appearance. Anchorage lawyers specialize in different areas of the law. Not all circumstances require private legal counsel, nor are all attorneys equally qualified for different kinds of cases. Here are some things to keep in mind if you are thinking of consulting an Anchorage lawyer.
Civil and criminal court
Most people associate attorneys with courtroom appearances. There are two different kind of court systems Anchorage lawyers may practice in:
• Criminal courts. These hear cases in which the police or a government agency press charges against a person or business. These offenses can cover everything from major violations like murder or tax fraud down to minor infractions like traffic tickets. While these latter charges do not entitle you to free counsel from an Anchorage lawyer, in most cases the court will find you free legal representation if you cannot afford any.
• Civil courts. These deal with cases in which a private individual or business sues another private entity, generally for monetary compensation. Unlike criminal charges, these kind of lawsuits cannot result in jail time.
Both courts follow different systems and require specialized expertise from any Anchorage lawyer representing a client. In criminal court, an attorney appears with the defendant throughout the following stages:
• After you are arrested, you will have your first court hearing, known as an arraignment. The prosecution will formally list the charges against you and may offer a plea bargain. An Anchorage lawyer can advise you whether to plead guilty and agree to the prosecution’s offer. If bail has been set, the attorney will try to have it lessened.
• During the pretrial process, Anchorage lawyers working for the defense and prosecution are required to regularly share any evidence they plan to present in court. There may also be negotiations with the intent of creating a mutually acceptable plea bargain.
• If your case goes to court, an Anchorage lawyer will present the strongest case possible for your defence. In the event that evidence against you has been improperly collected, an attorney may file a motion to dismiss the case on technical grounds.
• If you are found guilty, an Anchorage lawyer will be present at your sentencing hearing to present any mitigating circumstances justifying a less severe sentence than the prosecution is requesting.
In the civil court process, you are not entitled to free legal counsel. If you wish to undertake civil litigation or are defending yourself against a lawsuit, you will probably want to consult with an Anchorage lawyer if you can afford one. Some situations which may lead to a lawsuit include:
• Real estate disputes
• Personal injuries where another person or business may be at fault
• Cases of domestic violence which the public prosecutor has declined to prosecute
• Medical malpractice
Most civil lawsuits never make it to trial but are instead resolved with an out-of-court settlement. It is important to be clear with any Anchorage lawyer you consult about whether you wish to have your day in court or are willing to accept a negotiated financial settlement.
Whether you are in civil or criminal court, you are not required to listen to an attorney’s advice. At all times, you may disregard the advice of Anchorage lawyers and do as you see fit. People who are in good mental health are allowed to represent themselves. However, most people will be better off listening to the advice of a specialized Anchorage lawyer with experience in their kind of case and knowledge of all the legal processes that must be followed to present a valid case.
Other types of law
Not all legal disputes or processes involve civil or criminal court. For example, couples who wish to divorce must file a petition with the family court in their district. If you and your spouse can agree on all the terms of your separation, you do not need Anchorage lawyers to help you with the paperwork unless you are especially concerned about filling them out correctly. Similarly, foreigners applying for temporary or permanent residency can easily complete the paperwork without an attorney’s advice.
One highly technical legal process you will almost certainly want to consult Anchorage lawyers about is filing for bankruptcy. This is an especially complicated procedure with many ramifications for your credit history and future fiscal health. Before taking this step, consult with an attorney if at all possible.
Hiring an Anchorage lawyer
Unless you are charged with a crime and provided with the free services of an attorney, finding private legal counsel is a process you should undertake slowly and carefully. The most reliable recommendations for Anchorage lawyers with specialized experience in your kind of case will come friends and family. The Alaska Bar Association may also be able to refer you to a qualified attorney. Before agreeing to meet with any Anchorage lawyers, examine their records online to make sure they are in good legal standing.
You may need to interview several attorneys before you find someone you feel confident can capably represent you. Prepare for all first meetings by assembling any documentation that may have a bearing on your case. Do not withhold any information you feel may harm you in court. Any attorney you speak with needs to have all the facts before they can offer useful advice or prepare a legal strategy.
Be prepared to answer all questions honestly and forthrightly. Some issues you will want to bring up during your first meeting include:
• The lawyer’s level of experience and specialized knowledge
• The estimated length of your case
• How often you will be updated on any progress made in your case
At the outset, make sure to receive a detailed written estimation of all costs you will probably have to pay. An Anchorage lawyer must be able to clearly explain any costs you do not understand.