24 Hour Toll Free Help

Defendant


Defendant

In a criminal case the prosecution or the state must prove certain elements of the crime "beyond a reasonable doubt". The United States legal system allows the defendant to be represented by a lawyer, the right to a trial by their peers, the right to a speedy trial, the right to remain silent and the right to not be tried for the same crime twice. Punishment for the defendant if convicted of a crime can vary from incarceration, penalties, fines and execution. Defendants in civil actions generally are summoned to court and will make a voluntary appearance or avoid most court appearances by the representation of an attorney.

Criminal defendants are generally arrested and involuntarily forced to appear in court either after being taken into custody by a police officer or arrested through the process of an arrest warrant. Criminal defendants generally must be present at court as the criminal proceedings against them progress. Defendants may exist in a bankruptcy Adversary proceeding if a plaintiff files a complaint with the bankruptcy court against the defendant.

Adversary Proceedings are governed by rules outlined in Part VII of the Federal Rules of Bankruptcy Procedure and by the Federal Rules of Civil Procedure. The plaintiffs in an adversary proceeding can include the Trustee or other parties (such as a Creditor) or the debtor who may begin an adversary proceeding against creditors who have violated certain federal rules of the bankruptcy process.


More Help on Defendant

  • Adversary Proceedings - Adversary proceedings are a federal lawsuit within the bankruptcy process which is started by filing a complaint with the bankruptcy court against one or more defendants and is used to determine the validity of certain claims. - read more

  • Creditor - Creditors can include businesses, individuals, organizations or the United State\'s government who is owed money for services or products provided to a second party in return for payment. - read more

  • Trustee - The bankruptcy trustee program, created by the United States Department of Justice, manages and oversees the bankruptcy process to improve efficiency and guarantee the integrity of the bankruptcy system. - read more

Find Other Articles

  • Tagged with the keyword:
    court

Chapter 7 and Chapter 13 Bankruptcy Help

The two most common consumer bankruptcies are Chapter 7 and Chapter 13, our sponsoring lawyers handle these types exclusively so you can be sure you are getting accurate legal advice when you file bankruptcy. Our Bankruptcy attorneys will fight to protect your rights and your property, fight the aggressive and annoying creditors for you, and they can help you keep your home, vehicles and other property.

A lawyer will be committed to getting you debt relief and providing you with valuable information, services and advice to get you a better financial future. There are many convenient locations to make filing bankruptcy or learning about the alternatives we offer, even easier.

Get Help Now

Recent Bankruptcy Articles

  • Home Equity and Bankruptcy
    If you have equity on your house, then it is possible to use that equity in order to pay off your Chapter 13 bankruptcy at a much faster pace.
    - read more

  • Fair Credit Reporting Act
    The primary purpose of the Fair Credit Reporting Act is to ensure fairness and accuracy of credit reporting, and that the procedures followed are reasonable.
    - read more

  • Most Common Reasons for Bankruptcy
    A list of ten most common reasons people usually file for bankruptcy, including harassment from creditors and to end wage garnishments.
    - read more

  • Student Loans and Bankruptcy
    According to new changes, your student loan will only be discharged if the bankruptcy court is convinced that paying back the loan would bring about undue hardships for you or the people who are dependent on you.
    - read more