Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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Has federal law set Americans up for failure? Some say yes

If we asked you to list off as many laws as you could, how many do you think you'd get? Would the number be closer to a few dozen than a few thousand? If so, then you wouldn't be alone. Most people in Georgia only have a general understanding of the law and typically can only list the laws they have encountered in their lifetime.

But you might be shocked to learn that there are hundreds of thousands of laws -- both state and federal -- currently on the books that could easily apply to a majority of our readers, including you. Many of these include regulatory crimes, which is a category that is not only growing but is creating major problems for Americans all over the nation.

There is a presumption in the courts that every person should know the law. But with hundreds of thousands of laws on the books, why would courts consider asserting this presumption? Well, it's because of a long-held belief that dates back to when criminal law was based on morality. Sadly, this belief has not changed much despite the constant addition of laws, turning "unwary individuals into … felons without knowing it," says the author of a USA Today article on the subject.

As was pointed out by Paul Rosenzweig in his 2013 paper found on heritage,org, the old presumption concerning criminal law places undue burden on Americans, asking them to have an understanding of the law that most within the legal system do not even possess. Adding to this point is the fact that many regulatory laws are based on statutes, which may be difficult for the average person to locate. As is the case with many statutes, their wording may be incredibly complex and difficult to understand without the right legal background, leaving nearly every American at risk of a conviction and the penalties associated with violating the applicable law.

Because it could be years or even decades before the government is able to compile all regulatory laws into one, easily-accessible location, those here in Georgia and the rest of the United States must rely on criminal law attorneys for assistance with legal issues. Thankfully, skilled lawyers, such as those found here at Nick Lotito & Seth Kirschenbaum, are well-versed in criminal law and know what it takes to get you the best outcome possible in your case.

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

918 Ponce de Leon Avenue, N.E. Atlanta, GA 30306 Phone: 404-692-5168 Fax: 404-872-1622 Atlanta Law Office Map