Does the Law Really Change "All the Time?"

One of the platitudes associated with the legal profession is "The law changes of all of the time."  Does it?  Well, in slight ways, yes.  Here is why.  We get our law from three sources:  the legislature, the courts, and executive agencies (like the EPA or the IRS).  The legislature debates and then votes on "statutes" which are written rules that have the force and effect of "law."  These statutes proscribe against everything from usurious interest rates on loans, to crimes and their elements a prosecutor must prove to gain a conviction.  While "new" laws are not necessarily being passed by legislative bodies every day, tweaking of existing laws happens quite frequently, almost every legislative session.

Often the legislature delegates its rule-making authority to executive agencies, like the EPA or IRS, which then passes "rules" that accompany the legislature's statutes and further define terms and processes.  For example, the IRS tax code is a set of rules defining any number of concepts from "income" to "deductions," which all have the force and effect of law.

Meanwhile, our courts make law every day, when state and federal courts of appeal issue written decisions either affirming or reversing lower "trial court" rulings.  These published appellate court decisions are called "case precedents" and are the foundation of what is known as "common law."  Lawyers cite to these case precedents when arguing to judges at every level of the court system.  For example, a lawyer might lobby, "Your honor, the officer's search of my client's car was virtually indistinguishable from what the state police did in State v. Johnson decided by the Court of Appeals last year, wherein the Court disallowed use by the prosecutor of all evidence wrongfully taken from the suspect's vehicle because there was no legitimate basis for a traffic stop."

What this all means is that no matter how eloquent or smooth an attorney might appear, if that lawyer has not first "cracked the books" to update the research pertaining to your case, the lawyer is nothing more than a "paper tiger" and won't be able to prevail for you over the long course of litigation. Why?  Because law changes all of the time!  And this is the concept underlying appellate and post-conviction litigation.

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.