Miscegenation is a criminal offense that defines a person's marriage with a person of another race. Most people think that it only applies to marriage within the state of the other state. However, as the U.S. Supreme Court noted in upholding laws banning miscegenation, "A distinction without a difference." In other words, even if a marriage occurs within a different state, it is still a violation of the state's laws.
The first known use of miscegenation to refer to migration or illegal immigration was by Henry Morgan. In his novel, The Cherry Orchard, Morgan wrote that British soldiers in the South were said to be miscegenating with freed slaves. However, this "miscegenation" idea gained more currency when President Clinton signed the Immigration Reform and Control Act of 1986. This law expanded the definition of miscegenation to include "entering into a civil union or marriage with a member of the same sex."
There are many scenarios in which a criminal defense lawyer can help you make a miscegenation defense. The most common is if you are a defendant in a civil lawsuit involving another individual, as well as the defendant. Many states have passed statutes banning miscegenation, and miscegenation charges are often used as a means of discrimination. For example, if an employer believes that a white man married to a black woman, they may try to have the man to prove that he is not racially motivated.
A criminal defense lawyer also can work on miscegenation cases. If you are charged with the crime, and you do not have another form of valid legal counsel, a criminal defense lawyer may be able to help you. A criminal defense lawyer can advise you on your best options. If you have been arrested for miscegenation and are facing criminal charges, a criminal defense lawyer can help you protect your rights.
Depending on the situation, a criminal defense lawyer can help you clear your name. Because it is an offense that is punishable by death, it is not unusual for a miscegenation charge to be considered a capital offense. If you cannot afford the fees associated with a capital case, a criminal defense lawyer may be able to work on a compromise plea deal with prosecutors. When compared to the maximum penalties of life imprisonment and death, a miscegenation charge can sometimes be reduced to a relatively short term of probation.
If you do not have the option of a plea bargain, or if you do not believe that a plea bargain is appropriate, a criminal defense lawyer may be able to help you prove your innocence. You may be accused of miscegenation because you did not keep the marriage under the highest standards. For example, if you had a previous marriage that involved some sort of marital infidelity, and you took your current spouse back into your life after having already reconciled with him or her, you may be accused of miscegenation. It is important to speak with a criminal defense lawyer before engaging in these discussions. Depending on the relationship between you and your spouse, it may be necessary to get an independent criminal background check to prove that your marriage did not violate any laws.
The Internet is a great place to research miscegenation. You will find numerous resources online that can explain your rights as a victim of miscegenation. You can find legal experts and attorneys to discuss the complex issues surrounding miscegenation and related laws. In addition, you can find legal news articles, books, and even legal forms to help you understand the ways in which miscegenation laws impact your case.
When it comes to miscegenation, it is vital that you work with a criminal defense lawyer that has experience with miscegenation cases. With a proper understanding of your rights, you will be better equipped to defend yourself and the legal processes that have led to your being charged with this crime. Your attorney will be able to evaluate your case and present it to the courts so that you can avoid the possible consequences of miscegenation.
If you don’t call us to get an experienced criminal defense lawyer on your side to defend you against a rabid State prosecutor, the chances of your life being destroyed are extremely high.
Make sure the odds are in your favor by calling us right away to start working on your defense.
Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, Fayetteville, Cary, Wilmington, High Point, Concord, Greenville, Asheville, Gastonia, Jacksonville, Chapel Hill, Huntersville, Rocky Mount, Apex, Burlington, Kannapolis, Wilson, Wake Forest, Hickory, Indian Trail, Mooresville, Holly Springs, Monroe, Goldsboro, Salisbury, Matthews, Garner, New Bern, Sanford, Cornelius, Fuquay-Varina, Morrisville, Mint Hill, Statesville, Thomasville, Asheboro, Kernersville, Clayton, Leland, Carrboro, Lumberton, Clemmons, Havelock, Kinston, Shelby, Boone, Lexington, Lenoir, Elizabeth City, Knightdale