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Created on: March 17, 2007 Last Updated: October 31, 2008
Here are five solid insider tips for getting free legal advice and service for low-income individuals or families. I've generated these tips after many years practicing law and you won't find them for free anywhere else! Website links are included.
First, let me give you a quick primer on the legal system that will help you better navigate through the morass. There are two fundamental types of legal disputes to understand: 1) criminal, and 2) civil.
A criminal dispute involves a person and a branch of government. In this situation, the person has violated a law of local, state, or federal government. For example, everything from speeding to murder falls into the category of criminal. Penalties involved in criminal matters can involve a combination of money fines and incarceration (jail or equivalent).
In contrast, a civil legal matter involves a dispute between two people, at its most simple form. It can also involve disputes between legal entities (like corporations) or any combination of the two (e.g. people and companies). Plaintiffs (the party initiating the lawsuit) can sue the defendant (the party being sued and defending the law suit) for all kinds of recovery, including money, property, or to take action or stop from taking action.
The distinction between civil and criminal legal disputes is important because it will determine which of the following sources you can approach to help you.
1) Public Defender
The United States Constitution has been interpreted to give each U.S. citizen charged with a significant crime the right to an attorney, if the citizen can't afford one (in case you're wondering, the case is Gideon v. Wainwright). The attorney is called a public defender and is either a paid governmental employee or an attorney in private practice who signed up with the court to accept such cases. In order to be eligible for a public defender, you must qualify by filling out an affidavit of indigency stating your household income and liabilities. You fill out the affidavit under oath and are subject to perjury, if you are not truthful. A public defender is available for most serious criminal offenses and some civil matters (such as contempt proceedings in domestic relations matters).
2) LSC
Legal Services Corporation (LSC) is a non-profit organization created by the U.S. Congress in 1974 with 700 offices nationwide. Unlike public defenders, local LSC lawyers do not represent clients in criminal matters. Instead, they focus on specific programs involving civil
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