Criminal Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.


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Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders

  July 29, 2014     By The Kilfin Law Firm PC
An overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.

Massage Parlor Prostitution is Being Charged as a Serious Crime in California

  July 25, 2014     By Summit Defense Attorneys
The San Francisco Bay Area has seen a recent change in way prostitution is being prosecuted. Traditionally, prostitution and solicitation of prostitution were charged as low level misdemeanors. However, defendants are now being charged with serious felonies. It is important to understand who can be charged with these crimes and why the authorities are changing their policies.

Why the Surge of Children Being Forgotten in the Back of a Car?

  July 23, 2014     By Baker & Zimmerman, P.A.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?

After an Arrest in China, What Are the Rules for Pressing Charges?

  July 18, 2014     By Lehman, Lee & Xu
There is no “Preliminary Hearing” in China criminal procedure. The Initial investigation is carried out by the prosecutor (Called The People’s Procuratorate in China), who will then decide if the case is deserving of criminal charges.

Civil Justice for New York Crime Victims

  July 17, 2014     By Oliveri & Schwartz, P.C.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.

How To Post Bond

  July 16, 2014     By Hebets & McCallin, PC
Posting a bond can be an intimidating procedure, especially if a loved one is sitting in jail and you’ve never had any experience with the criminal legal system before. While the details can get confusing, there are essentially two ways to post a bond. An individual can post a bond for a family member, friend, or loved one, or a professional bondsman can post a bond for a criminal defendant.

A Potential Regulatory Regime for Virtual Currencies is Proposed by EBA

  July 15, 2014     By CSB Advocates
The European Banking Authority (EBA) published on the 4th of July 2014 an Opinion addressed to the EU Council, European Commission and European Parliament setting out the requirements that would be needed to regulate ‘virtual currencies'.

Willfulness and the Civil FBAR Penalty

  July 10, 2014     By Brown, PC
In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the United States initiated a coordinated effort with foreign governments to combat tax evasion through the use of offshore trusts and accounts. The U.S. Department of Justice (DOJ) has since launched criminal investigations of several foreign banks, many of which are ongoing.

Illinois DUI Arrests During the Summertime

  July 8, 2014     By The Law Offices of Thomas Glasgow, Ltd.
The summer is a time for BBQ’s and celebrations, but drunken driving arrests and accidents often increase during the summer months as well.

Oops, I Did It Again: Facing Multiple DWI Charges

  July 5, 2014     By Neal Davis Law Firm, PLLC
Enjoying a few drinks while socializing is a popular way to spend a Friday or Saturday night for many people. Frequenting a bar during happy hour with some friends after work is also quite common. A-list celebrities may be able to afford a driver to chauffeur them around to these types of events, but the majority of us instead get from point A to point B by driving.

Statutory Rape and the Age of Consent

  July 2, 2014     By Hanover Law, P.C.
If parents consent to a relation between a minor an adult, is it crime? The answer is more complex then it may seem at first.

Wisconsin Voter ID Law Struck Down-What Could That Mean For Virginia?

  July 2, 2014     By Hanover Law, P.C.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.

Florida Sentencing Enhancements Pt. 1: Prison Releasee Re-Offenders

  June 28, 2014     By The Kilfin Law Firm PC
Florida has some harsh recidivist sentencing statutes, the most draconian of which is the PRR statute. This article outlines the circumstances under which the statute applies, and its implications for an accused person.

America’s Over-Criminalization Still a Problem

  June 26, 2014     By Collins, McDonald & Gann, PC
More and more people are being thrown in jail for petty reasons.

What Do I Do If My Criminal Attorney Performs Below Expectation

  June 26, 2014     By Law Office of James Davis, PA
Attaining success in a criminal case is not an easy feat and requires close cooperation between the accused person and their attorney. The stakes are high considering the fact that your freedom is at risk with possible long term ramifications and legal financial implications. There should be high a level of communication exchange between you and the criminal lawyer assisting with your case.

Internet Crimes Can Amount to a Wide World of Trouble - Also Larceny Basics in Las Vegas

  June 18, 2014     By Potter Law Offices
For individuals dealing with internet crimes in Las Vegas Nevada or Larceny charges, here are a few details about what this means to you.

When Is Drunk Driving A Felony?

  June 17, 2014     By Law Office of James Davis, PA
Many people travel to the state of Florida from other states as it is the home to many popular vacation spots. While on vacation, many people may consume alcohol while enjoying the beautiful beaches, plentiful clubs and bars, and luxurious weather. Sometimes an out-of-town guest can consume too much alcohol before getting behind the wheel of an automobile.

Trial by Jury in Florida

  June 12, 2014     By The Kilfin Law Firm PC
A brief overview of the jury trial process in the State of Florida.

Moneyval's Statement Calling for Enhanced Due Diligence Measures for Bosnia and Herzegovina Transactions

  June 12, 2014     By CSB Advocates
On 1st June 2014, the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) issued a public statement about the persistence of deficiencies in the anti-money laundering and counter financing of terrorism (AML/CFT) regime in Bosnia and Herzegovina.

New Anti-Corruption Law in Italy - Commercial Bribery

  June 10, 2014     By CTM Avvocati
New criminal offences under Italian Law - Commercial Bribery and Undue inducement to give or promise benefits - Corporations at risk of fines and disqualification sanctions if not compliant - Setting up or updating a compliance program.

How do I Fight my DUI/OVI in Columbus, Ohio?

  June 10, 2014     By The Maher Law Firm
Driving under the influence, called operating a vehicle under the influence in Ohio, is typically a misdemeanor of the first degree. The mandatory minimum penalties on a first offense OVI conviction include 3 days in jail or 72 hours in a driver intervention program, a $375 fine, and a driver’s license suspension for 6 months.

Use of a Defendant's Grand Jury Testimony at Trial in New York

  June 7, 2014     By The Law Office of Mahmoud R. Rabah
A practitioner must always be cognizant of the possibility of a defendant's Grand Jury testimony being used at trial. This article explains how it is that this can happen.

Corporate Liability in Italy and How to Limit it - Italian version of FCPA?

  June 6, 2014     By CTM Avvocati
Italian law on corporate liability in Italy is more and more being used as a powerful tool to involve corporations in criminal proceedings in order to push them towards a new culture of ethical corporate governance. In this article Marco Cozza outlines the legal framework and considers its likely impact on companies, top executives and shareholders.

What Should I do Before my Sentencing Hearing?

  June 3, 2014     By Hanover Law, P.C.
So I am going to be sentenced...what should I do?

5 Simple Tips to Avoid a Traffic Stop

  June 2, 2014     By Hebets & McCallin, PC
You’re driving along, minding your own business, when suddenly you see flashing lights in your rear-view mirror. Your stomach sinks and your heart beats faster as you tick through the possible reasons for the stop. No matter the situation, it is never good news. Wouldn’t it be nice to minimize the chances of being stopped in the first place? Here are 5 easy tips to dramatically decrease the chances of being stopped by the police.

DUI Fatality - Why First Degree Murder is Appropriate

  June 2, 2014     By Hebets & McCallin, PC
We have recently blogged about the tragic DUI fatality case in which Ever Olivos-Gutierrez has been accused of driving drunk and killing Juan Carlos Dominguez-Palomino, a 17 year old boy. Olivos-Gutierrez is an illegal immigrant with several prior DUI and Driving Under Suspension convictions. His blood alcohol content was 4 times above the legal limit, and he attempted to flee the scene after the collision.

FBAR and FATCA – Two Abbreviations That Can Wrap You Around the IRS Axle

  June 1, 2014     By DeBlis & DeBlis
FBAR and FATCA are two important abbreviations for those who have overseas financial interests. Failure to file the FBAR report, in view of the IRS’s continuing application of FATCA, can get you into what old military veterans used to call FUBAR.

Five Points You Should Know About the Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date

Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.

Deconstructing the “Act of Production” Doctrine

  May 22, 2014     By DeBlis & DeBlis
Tax cases are document-intensive cases. As any white-collar criminal defense attorney knows all too well, summonses and grand jury subpoenas routinely seek documents. And there is a good reason why. If the government cannot get the requested documents, it often cannot make a case. It is for this reason that the seminal issue in document production cases is whether the taxpayer has a Fifth Amendment privilege with respect to documents that he possesses.

Anatomy of a Prosecution in Pinellas, Pasco and Hillsborough Counties

  May 20, 2014     By The Kilfin Law Firm PC
Most clients ask me, after being arrested (or questioned by law enforcement about the commission of a crime), what they can expect next. What follows is a brief overview of the process by which cases are prosecuted in Pinellas, Hillsborough, and Pasco Counties, Florida.

Life in Prison for a Batch of Pot Brownies

  May 19, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Recently we posted a story about how Colorado has chosen to regulate its now legal edible marijuana industry. Alongside gourmet goodies are the issues of safety and protection of consumers. Starting in June all edible marijuana goods must contain less than 100mg of THC. Meanwhile, just a few states away in Texas, a 19 year old caught with hash brownies faces a potential life sentence. What a difference a few hundred miles can make.

Car Accidents in Egypt with Foreigners

  May 18, 2014     By Ayman Sultan Law Firm
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.

Theft in Egypt - Mistakes of Foreigner's Make

  May 18, 2014     By Ayman Sultan Law Firm
Mistakes foreigners make in Egypt when theft has happened to them.

Why Do Foreigners Need a Lawyer in Egypt?

  May 18, 2014     By Ayman Sultan Law Firm
Foreigners in Egypt often have to deal with unpleasant situations, from minor annoyances like stolen change to serious instances like vehicle thefts, beatings and perhaps even real threats to life. In most, if not all cases, an international lawyer should be involved immediately. It’s not because some Egyptians (i.e., criminals in Egypt) have a rather vague notion of ‘just’ and ‘right’, but rather so that you always know how to come out on top of a situation and are protected at every step.

Child Pornography Distribution Via Peer-to-Peer Networks

  May 18, 2014     By George D. Murphy, Jr., Attorney at Law
Peer-to-peer networks are commonly used in child pornography investigations. It's important to understand what they are and how they are searched. From a defense standpoint, it is important to understand whether the accused was knowledgeable about the network's settings as that can impact the charges filed.

Child Pornography Sentencing Trends: 2014 1st Quarter Update

  May 15, 2014     By George D. Murphy, Jr., Attorney at Law
The United States Sentencing Commission recently released its 2014 first quarter report. The report indicates a continuing trend regarding child pornography sentences.

Fraud Technical Advisors: An End-Run Around Tweel?

  May 15, 2014     By DeBlis & DeBlis
United States v. Tweel is the most famous example of a motion to suppress in a tax case. In Tweel, the Fifth Circuit Court of Appeals held that it constitutes trickery, fraud, and deceit for the IRS to conduct a criminal investigation under the guise of a civil examination. Because of how fact-sensitive the holding of this case is, a recitation of the facts is necessary.

Healthcare Fraud Whistleblower Lawsuits Plentiful

  May 12, 2014     By The Evans Law Firm, Inc.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.

Los Angeles Area Man Arrested on Financial Elder Abuse Charges

  May 12, 2014     By The Evans Law Firm, Inc.
A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse charges.

Top 5 Scenarios of Theft in Dubai

  May 11, 2014     By Al Rowaad Advocates & Legal Consultancy
Theft occurs when immovable property is involuntarily handed over to another person and he, knowingly retains it. As for all crimes, it needs the presence of mens rea and actus rea.

Choosing a California Criminal Defense Attorney

  May 10, 2014     By Akopian Law Firm
Californian criminal defense is a complex field, involving numerous state and federal statuses, as well as other regulations. Thereby, if you happen to need a criminal defense, it’s imperative to make an informed decision when choosing an expert attorney.

TX Proposed Bill Offers Defense to Marijuana Charges

  May 9, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Currently serving as the state Representative for the 49th District in the Texas House, Elliot Naishtat made his seventh attempt at bringing medical marijuana to the lone star state earlier this week. While the proposed bill does not suggest legalization of medicinal or recreational marijuana, it could offer an alternative to criminal charges for certain users.

Colorado’s Regulations for Munching on Marijuana Edibles

  May 9, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Since legalizing, Colorado’s marijuana industry has grown up over night with plenty of potential for growers and sellers. Everyone is looking for a piece of the proverbial pot pie, even the bakers and chefs.

What are Your Rights if You are Arrested by Police in China?

  May 9, 2014     By Yingke Law Firm
Do you know what are your rights if you are related into some crime or illegal things in China? You may know what you can do in USA, but here in China things are totally different.

“FATCA” Law is Striking Fear into Foreign Banks

  May 5, 2014     By DeBlis & DeBlis
Law That May Reduce Tax Evasion Goes Into Effect On July 1 The Foreign Account Tax Compliance Act (FATCA) became law in the United States in 2010, but the clock is still ticking on its implementation. The clock will stop ticking on July 1, 2014.

Ten Ways To Avoid Becoming a Guest of “Club Fed”

  May 2, 2014     By DeBlis & DeBlis
Contrary to popular belief, the IRS doesn’t want to throw you in jail. Criminal investigations consume a lot of resources, take time, and are expensive. For most taxpayers, a criminal investigation isn’t a first step, but rather the last step in a lengthy process to get you to resolve your tax debt. In other words, it’s rare that an agent will show up on your doorstep one day with cuffs in hand.

Supreme Court Retiree in Favor of Legalization

  April 30, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Nominated for the Supreme Court in 1975 by President Gerald Ford, when Justice Stevens retired in June 2010 he was the third longest-serving judge in United States history. Justice Stevens was born on April 20, 1920 and to call him an old-timer would not be an understatement.

Lifting the Veil on the Civil FBAR Penalty

  April 28, 2014     By DeBlis & DeBlis
It should come as no surprise that the IRS has authority to assess FBAR civil penalties. However, what might come as a surprise is that an FBAR violation doesn’t automatically mean that a penalty will be asserted. Why not?

No Laughing Matter: The Criminal Consequences of Failing to Report Foreign Bank Accounts

  April 28, 2014     By DeBlis & DeBlis
United States citizens, residents and other persons must annually report their direct or indirect financial interest in, or signature authority over, a financial account that is maintained with a financial institution located in a foreign country if, for any calendar year, the aggregate value of all foreign accounts exceeded $ 10,000 at any time during the year.

What Happens if I get arrested for DUI While Vacationing in Florida?

  April 28, 2014     By Law Office of James Davis, PA
Nothing can ruin a great vacation in sunny Florida like getting arrested for a DUI offense. What happens when you are arrested out of your home state for a DUI and what can you do about it? Here's how you can do everything you can to make sure what happens in Florida doesn't come back to haunt you in the future.

What Are the Differences Between Domestic Battery and Aggravated Battery?

  April 28, 2014     By Law Office of James Davis, PA
When discussing domestic and aggravated battery, there are a few things to consider. First, what is considered battery?

Stand Your Ground: What does it Mean For You and Your Family?

  April 28, 2014     By Law Office of James Davis, PA
Wherever you have been for the past year, the issue of Florida's “Stand Your Ground” law has been a hot topic all around the country.

Coloradan Attorneys Permitted to Counsel for Pot

  April 28, 2014     By Cody L. Cofer, Attorney & Counselor at Law
As the experiment of Colorado’s marijuana legalization continues, lawmakers and courts are churning out laws to help the industry along. Recently, the Colorado Supreme Court adopted a new comment to Colo. RPC 1.2 which allows attorneys to provide legal services to clients involved in the state authorized medical and recreational marijuana industry. The new comment provides that:

Don't Get Snared in Any of the Three Stages of Money-Laundering

  April 25, 2014     By DeBlis & DeBlis
Law enforcement and financial regulators everywhere are on the lookout for money laundering. Big corporations and financial institutions hire compliance experts, and those experts cooperate fully rather than face huge fines and penalties.

License Suspension Following a DUI

  April 24, 2014     By Law Office of James Davis, PA
Driving under the influence of alcohol cases aren’t to be taken lightly. Countless consequences come with being convicted of a DUI. One of those is having your license suspended.

What to do About Marijuana DUIs

  April 24, 2014     By Cody L. Cofer, Attorney & Counselor at Law
As states like Colorado and Washington, along with twenty-one other states and the District of Columbia continue to address issues surrounding the legalization of recreational or medicinal marijuana, there seems to be a large discrepancy among the states regarding what constitutes driving under the influence. Utilizing the courts, instead of the legislature, Arizona recently ruled on the issue of marijuana impairment, pleasing many advocates.

Sealing a Juvenile Record

  April 24, 2014     By Law Office of James Davis, PA
Many people wonder about sealing a juvenile record, especially when they did something that they regret when they were younger. Just like any type of criminal conviction, it could end up making it difficult to move forward in the future.

What Happens When You Miss Court Dates?

  April 24, 2014     By Law Office of James Davis, PA
Missing your court date isn’t exactly the smartest thing to do. Depending on the reason for court, there might be a variety of options for you. If you accidentally miss your hearing, you could be charged with failure to appear.

Plea Bargain FAQs

  April 24, 2014     By Law Office of James Davis, PA
Plea bargains are agreements between the state where the defendant plead guilty and the defendant in exchange for certain types of benefits. More than 95 percent of all criminal cases are solved this way.

Stock Risk Comes With Some Life Insurance Policies

  April 21, 2014     By The Evans Law Firm, Inc.
The rising stock market has also broadened the appeal of certain investments such as variable universal life and indexed universal life insurance policies that are linked to stock performance.

California Insurance Agent Sentenced For Financial Fraud That Targeted Seniors

  April 21, 2014     By The Evans Law Firm, Inc.
A Los Angeles area insurance agent accused of defrauding senior citizens will spend five years in jail and was ordered by the court to pay $1.2 million to compensate his victims.

White Collar Crime: Entrapment and Ignorance of the Law Can Snare the Unwary

  April 18, 2014     By DeBlis & DeBlis
The most common white-collar offenses run the gamut of nonviolent crimes from antitrust violations to money laundering. The FBI estimates that white-collar crime costs the United States more than $300 billion annually. These estimates do not take into account cases where aggressive and ambitious prosecutors snare an unwary person, who eventually pleads guilty in the face of intimidation and threats. Then there is the plethora of regulations where ignorant noncompliance is, nevertheless, a crime.

Add the Letter ‘T’ to FATCA, and No One’s Getting Fat Except the IRS

  April 18, 2014     By DeBlis & DeBlis
In 2010 President Obama signed P.L. 111-147, the Hiring Incentives to Restore Employment Act. The purpose of the law is in its eponymous title, but the IRS got into the act with the Foreign Account Tax Compliance Act (FATCA) provisions.

A Primer on the Foreign Earned Income Exclusion

  April 18, 2014     By DeBlis & DeBlis
Ordinarily, the United States taxes U.S. citizens and resident aliens on their worldwide income, even when they live and work abroad for an extended period of time. To provide some relief, a U.S. citizen or resident who meets certain requirements can elect to exclude from U.S. taxation a limited amount of foreign earned income plus a housing cost amount. A double tax benefit is not allowed, however, and a taxpayer cannot claim a credit for foreign income taxes related to excluded income.

Even With a DUI Charge You Are Innocent Until Proven Guilty

  April 18, 2014     By DeBlis & DeBlis
If you believe the conventional wisdom, when you are stopped by the police and placed under arrest for driving under the influence, you have already been found guilty. You are not guilty, and the state has a heavier burden of proof than you might imagine.

Weed Conviction Worthy of Presidential Pardon

  April 17, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Now serving in his sixth year of presidency, President Obama issued his 10th commutation on a prison term sentence for a man convicted on a marijuana charge. However, this is not the president’s way of giving other individuals serving time for marijuana charges a get out of jail free card.

Marijuana's Ugly Cousin - Industrial Hemp

  April 15, 2014     By Cody L. Cofer, Attorney & Counselor at Law
In 1970, the Controlled Substances Act banned the cultivation of industrial hemp, but that didn’t negate the American manufacturer’s need for the fiber. Currently, the industrial hemp market in the US is a $500 million industry, which consists entirely of imported hemp goods from China, Europe and Canada.

The Colorado Ignition Interlock Program As Of January 1, 2014

  April 14, 2014     By Ross Koplin, Attorney at Law
The law in Colorado offers an incentive to certain drivers who have been determined by the Colorado Department of Revenue to have been driving under the influence of alcohol, with a test revealing a blood alcohol content (BAC) of 0.08 or higher at the time of the offense, to receive an early reinstatement of their driver’s license when they agree to install an “ignition interlock device” on their vehicle.

Suspension of a Colorado Driver’s License After a DUI

  April 14, 2014     By Ross Koplin, Attorney at Law
Under Colorado law, driving a motor vehicle is considered a privilege and not a right. This means an individual’s privilege to drive may be taken away for a period of time by the Colorado Department of Revenue – Division of Motor Vehicles (DMV) through an administrative determination.

Embezzlement in Turkey

  April 14, 2014     By Barlas Uyar Eraslan Law Firm
Embezzlement is typically seen at public sector however it has been a general issue in private sector as well and it may be a risk factor that causes serious financial loss.

Bid Rigging in Turkey

  April 14, 2014     By Barlas Uyar Eraslan Law Firm
Bid rigging is mostly a current issue at public institutions however it has become widely encountered at public sector as well ant it surely causes serious financial damage.

Internet Enables Thieves to Steal $4 Billion in Tax Refunds

  April 11, 2014     By DeBlis & DeBlis
Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.

Crime and Violence in the Mile High City

  April 11, 2014     By Cody L. Cofer, Attorney & Counselor at Law
There’s been a lot of debate from both sides of the aisle regarding whether the legalization of marijuana in states like Colorado and Washington has been worth it in terms of decreasing violence and protecting the public. The initial cries from some law enforcement groups and anti-legalizers claimed that Colorado and Washington would fall into collapse and both states would be reduced to a citizenship of munchie-fiending couch potatoes who simultaneously commit random acts of violence.

I Was Arrested for a Misdemeanor, But the Officer Never Saw Anything - Is this Illegal?

  April 9, 2014     By Greg Hill & Associates
An arrest for a misdemeanor must be based on the officer usually watching the crime take place. However, there are examples of exceptions.

Fear and Loathing in El Paso: Texas' Marijuana History

  April 4, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Marijuana wasn’t always illegal. Like most substances now considered unlawful and highly dangerous, there was once a time when cocaine, heroin and marijuana could all be purchased over the counter at your local pharmacy.

Charged with Grand Larceny? Why You Need an Arlington Larceny Defense Attorney

  April 3, 2014     By Tuomey Law Firm, PLLC
In the state of Virginia, grand larceny is a felony offense, which means that if convicted, the criminal penalties the defendant will face are harsh.

Does Defendant Have to Be Present in Court if There Is Trial?

  April 2, 2014     By Greg Hill & Associates
Where the client’s identity is not an issue or the client agrees to stipulate to his identity as the suspect, waiving the client’s appearance at trial may be viable. This may be true because the case is an extremely minor misdemeanor and thus the punishment is relatively minimal. This may also be smart when the client does not make a good appearance.

Musc Festival Owner Takes a Hit for Concertgoers

  April 1, 2014     By Cody L. Cofer, Attorney & Counselor at Law
With SXSW in March, Austin City Limits in September and a whole bevy of smaller festivals in between, Texas is no stranger to large music festivals. For different people, festivals mean different things; some come for the bands, some for good times with friends, and some for the drugs.

Putting College Back in Prisons

  March 28, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.

Top Five White Collar Criminals of All Time

  March 28, 2014     By Broden & Mickelsen
Quick, who’s the top white collar criminal of all time? If you said, “Bernie Madoff” you’d be wrong, at least as far as sentences go. You wouldn’t be too far off—Mr. Madoff’s 150-year-sentence is impressive, but he only ranks fifth in the list of sentences imposed on high-dollar scammers. Here’s the list of the five most notorious “businessmen” of all time, beginning with that fifth-place notable crook:

Why We Know Almost Nothing about Sexual Abuse in Immigration Detention

  March 28, 2014     By Law Offices of Andrew M. Weisberg
The Bureau of Justice Statistics estimates that more than 216,000 people are sexually abused in the US detention system every year. Although there is sufficient proof to believe that the abuse rate against immigrants is much higher than previously thought, there are no such comprehensive reports detailing each case.

Supreme Court Ruling: Man Convicted of Domestic Violence Barred from Possessing a Gun

  March 27, 2014     By Stange Law Firm, PC
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.

Can DUI Turn into First Degree Murder?

  March 27, 2014     By Hebets & McCallin, PC
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver. He did not have a valid license. Police say he had been drinking and ran a red light. His vehicle collided with a Chevrolet Camero driven by 17 year old Juan Carlos Dominguez-Palomino. The young man was killed.

Is Double Jeopardy Violated If a Court Increases a Sentence More Than Once, Resulting in a 495 Year Sentence?

  March 26, 2014     By Greg Hill & Associates
Under the Habitual Sexual Offender Law (Penal Code § 667.61, 667.71 and 667.6 (d)), the minimum sentence for someone convicted of certain sex offenses under certain circumstances is 25 years to life. Under Penal Code § 1170.1, the court may only increase a sentence once due to a prior serious felony conviction. Under the Three Strikes Law (Penal Code § § 667 (e) and 1170.12), however, multiple sentence increases are allowed.

Dallas Fort Worth Marijuana Lobbyists in Training

  March 25, 2014     By Cody L. Cofer, Attorney & Counselor at Law
With the changing political landscape of marijuana legalization nationwide, activism in the Dallas Fort Worth area has grown more visible and popular. With over 400 new members since 2011, DFW NORML has been one of the fastest growing chapters in the country.

Minnesota Medical Marijuana: What it Means for You, Legal or Not

  March 24, 2014     By Law Office of Carolyn Agin Schmidt
Medical marijuana is a very controversial topic. Recently, there have been 16 states with pending legislation or ballot measures on medical marijuana: Florida, Georgia, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin.

Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate

  March 23, 2014     By DeBlis & DeBlis
The federal tax collection system is founded on the concept of voluntary compliance.[1] The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.

If my Friend's Property is Listed as Stolen, Can I be Held Responsible for Pawning it?

  March 20, 2014     By Law Office of James Davis, PA
There are many reasons as to why you were in possession of the property and why you would have never stolen it.

Marijuana as a Gateway Drug: Cause v. Correlation

  March 20, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Almost half of all American adults, 48% to be exact, have experimented with marijuana at some point in their life. While many of those staunchly opposed to marijuana legalization argue that weed is a gateway drug for harder, more dangerous substances, many scientific studies have frequently discredited this theory. Marijuana’s label as a gateway drug is likely more a case of mistaken identity of cause for correlation.

Should a Person Plead Not Guilty, Even Though They Are Guilty?

  March 19, 2014     By Law Office of James Davis, PA
The main center of the criminal justice system is that all persons are innocent until proven guilty, beyond a reasonable doubt. In other words, the only way you can be found guilty is if prosecution is able to prove it.

On The Coast of Florida, How Many Drugs Have Washed Up?

  March 19, 2014     By Law Office of James Davis, PA
Reports of drugs having washed up on the shores has been going on for many years. Just in the last 20 years, major headlines have been made by the billions of drugs that have been confiscated - and this is just the drugs that are found.

Executive Needs to Faithfully Observe and Respect Congressional Enactments (ENFORCE) the Law Act

  March 18, 2014     By Cody L. Cofer, Attorney & Counselor at Law
This past week the House of Representatives passed H.R. 4138 ENFORCE the Law Act with a simple majority, 233-181. The act, an acronym for Executive Needs to Faithfully Observe and Respect Congressional Enactments, was written to ensure that the president upholds his constitutional obligation to execute the laws that legislature enacts.

Marijuana Policy Project Coming to Texas

  March 13, 2014     By Cody L. Cofer, Attorney & Counselor at Law
Primaries have come to a close in Texas, many Texas politicians are supporting marijuana reform. Wendy Davis, democratic candidate for governor, and Jerry Patterson, lieutenant governor candidate, along with Kinky Friedman, agriculture commissioner candidate, have all shown support for decriminalization or medical legalization.

Fatal Car Accidents Involving Marijuana Have Tripled in U.S.

  March 12, 2014     By Ankin Law Office, LLC
Marijuana alters a person’s ability to perform certain functions, including operating a motor vehicle. According to a new study, fatal car crashes involving marijuana have tripled during the past decade, which may be responsible for the increase in impaired driving accidents in recent years.

States Legalize Pot – Not So Fast, Say Cities

  March 12, 2014     By The Law Office of Kimberly Diego
According to Bob Ferguson, the Attorney General of the state of Washington, it’s completely legal for cities and other local governments that don’t want marijuana to be legal in their area to enact laws banning it.

Number of Exonerations Points to Problem of False Confessions

  March 6, 2014     By The Law Office of Kimberly Diego
There were 87 exonerations last year—more than have ever been recorded in the past 25 years. In 27 of those cases, it was determined that no crime even occurred, and in 15 cases, it was revealed that defendants had falsely confessed to a crime they never committed.

Comparative Legal Analysis on the Legislations regarding Corruption and Bribery in Turkey

  March 5, 2014     By Serap Zuvin Law Offices
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.

Theft in the UAE: Part 2. Punishments

  March 3, 2014     By Al Rowaad Advocates & Legal Consultancy
Theft carries a punishment of imprisonment from 6 months up to 3 years or a fine. Attempted theft, which is also a crime, carries the punishment from 3 months up to 18 months or a fine.

Theft in the UAE: Part 1. Introduction

  March 3, 2014     By Al Rowaad Advocates & Legal Consultancy
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.


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