Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
April 28, 2016 By HG.org
In some situations, a concerned parent or other individual may petition the court for an emergency hearing to grant an order regarding custody or visitation rather than wait for the next available hearing date on the docket. However, such hearings are limited to those situations in which a true emergency is at stake.
April 28, 2016 By Kenneth Padowitz P.A.
In the US, human right is the thread that holds the fabric of America’s diverse identity. One very important right: to be free from unreasonable search and seizure. The Fourth Amendment of the United States Constitution protects this right. In addition to protecting the right of a person to unreasonable search and seizure, the Fourth Amendment also extends this right to homes, cars, etc. belonging to an American citizen.
April 25, 2016 By HG.org
Statutes of limitations are a set of regulations governing the amount of time after a cause of action arises by which the case must be brought or be barred from being heard by the court.
April 24, 2016 By HG.org
In 2010, Congress implemented a new act that provides for monetary incentives for whistleblowers who report Securities and Exchange Commission violations. Whistleblowers are individuals with important information about the illegal acts of others.
April 23, 2016 By HG.org
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
April 22, 2016 By The Sehat Law Firm, PLC
The LAPD is issuing more and more tasers to it's officers as a way to help subdue a suspect. But what happens when tasers do not do the job?
April 17, 2016 By HG.org
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
April 13, 2016 By HG.org
While college represents many firsts for many students, some of these first-time experiences yield negative consequences, such as being the first time that some students have been away from their parents for any meaningful period of time. This new liberty and lack of supervision sometimes results in destructive behavior that has the potential to land the student in legal troubles.
A common business practice for retail stores and other establishments is to have a manager or other agent of the business deposit all cash and check after the close of the business day. This is often completed after the bank has already closed. The agent usually drops a pouch in a deposit box for this purpose.
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
April 8, 2016 By The Law Offices of Steven J. Pisani, LLC
DEA may reschedule marijuana with a lower schedule on the Federal Scale.
April 4, 2016 By Irving & Feldmann, PC
In Virginia, the charge of taking indecent liberties with a child primarily targets certain acts of a sexual nature when they are performed by an adult with a child under the age of 15 years old, though it also can concern adults participating in certain ways in the creation of pornography for anyone under 18. Most of the crimes are considered class 5 felonies, though the charges can be harsher under certain circumstances.
April 1, 2016 By HG.org
Individuals who have a criminal record often experience difficulty in acquiring employment. Many employers obtain a criminal background check in order to flesh out potential problems. However, sometimes these checks include inaccurate information. Furthermore, some individuals may wish to clear their record to avoid this potential problem and others.
April 2, 2016 By O'Brien Hatfield, PA
The emotions that you feel when you are accused of committing a sex crime can swing wildly. Shock. Anger. Confusion. Sadness. Fear. During this trying time you need to focus on facts and pursuing a course of action for protecting your rights, no matter how difficult that may seem. An experienced defense attorney can help you keep your focus where it belongs.
March 24, 2016 By Counsels Law Partners CLP
With the recent events of the “Xunaed Video Scandal” which went viral and the Bangladesh Bank heist, interest of ordinary internet users in Bangladesh has heightened towards cyber crime.
March 23, 2016 By HG.org
In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.
March 24, 2016 By Just Rights
This article provides a general overview of the European human rights system and how to bring and prepare a case before it.
March 29, 2010 By HG.org
Motor vehicle accidents are so common that states require all drivers to maintain minimum liability coverage. New Jersey is no exception. As a condition of driving, motorists are required to carry liability insurance so that individuals do not have to be responsible for injuries that were caused by another person’s negligence.
Being convicted of a DUI in Illinois can be serious and lead to significant penalties. These include jail time, fines and revocation of the defendant’s driver’s license.
Disorderly conduct is one of the most often committed crimes in Utah, as well as throughout the country. However, this crime is often defined in a vague manner and can often entangle a person in its web for some behaviors that are not very serious. Knowing what the charge alleges and the potential penalty upon conviction can help a person better prepare a defense to the crime.
April 5, 2016 By Just Rights
An overview of the appeal procedure before the Grand Chamber against judgments of the European Court of Human Rights.
January 14, 2011 By HG.org
Like in other states, nurses are governed by a state board. This board is responsible for vetting nurses and enforcing rules that may impact nursing licenses.
March 11, 2009 By HG.org
Being pulled over by a law enforcement officer can be a stressful situation, even when the person being pulled over has done nothing wrong. In many cases, the law enforcement officer has the discretion of whether or not to give the individual a ticket or let him or her off with a warning. Some proactive steps can help increase a person’s likelihood of avoiding a ticket, including the following measures:
Texas Penal Code §22.021 defines the crime of aggravated sexual assault and what elevates a sexual assault case to an aggravated sexual assault. Aggravated sexual assault is considered more serious than typical assault and carries with it heightened punishments.
March 9, 2016 By Syutkin and Partners
The practice of search and seizure of accounting, tax and other documentation of the enterprise is quite common in Ukraine. Sometimes these law enforcement actions are explained by the presence of really strong reasons to form a reasonable suspicion of specific individuals in committing crimes in the sphere of economic or other financial activities, and the implementation of the criminal proceedings.
March 9, 2016 By Law Offices of J. Lee Webb
Many times a criminal defendant is a first time offender. The defendant may be a generally good person, who happened to be in the wrong place at the wrong time. Regardless of how the drug crime came about or was committed, is it really fair for someone who is a first time drug offender to be treated as a serious criminal for one misstep? Is there anyway that a first time offender can get a break?
February 23, 2016 By O'Brien Hatfield, PA
If you were convicted of a sex crime, one of the collateral consequences you will face is mandatory registration as a sex offender.
February 17, 2016 By Law Offices of John Howley, Esq.
A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.
February 17, 2016 By Hebets & McCallin
In August of 2015 the Colorado's felony DUI law went into effect. Colorado joined 45 other states in the United States in enacting a law which makes certain classes of DUI's a felony offense.
February 15, 2016 By HG.org
Identity theft is a crime that occurs when someone obtains another person’s private information in a wrongful manner through fraud or deception, usually so that the perpetrator can achieve economic gain. When identity theft occurs, there are two main parties who may wish to seek legal counsel: defendants and victims.
February 14, 2016 By HG.org
People may not pay taxes for a variety of reasons. They may think that they will not owe anything and the cost to prepare them will outweigh whatever small return they might receive. A recent divorce or death may make the process confusing. Someone may know that they will owe taxes and may try to avoid tax liability by simply not filing. Whatever the reason, the consequences for not filing taxes can be very serious.
February 14, 2016 By HG.org
Blackmail is characterized as a crime and in some cases a tort that involves revealing personal information about someone as a threat or threatening other conduct to get the person to do something that the offender wants completed. Like extortion, blackmail seeks to remove a person’s free will to conduct some action. Committing black mail can carry significant criminal and civil consequences.
February 8, 2016 By Francis J. Falkenstein
This year, the FBI has begun tracking cases of animal abuse on a national level in order to research trends and adopt prevention strategies. Beginning in January 2016, police departments will be required to report animal-related crimes to the National Incident Based Reporting System (NIBRS). NIBRS is used by criminologists, law enforcement and researchers.
February 4, 2016 By Pardini & Associates
The Law responds to the continuous international claims and the listing of Panama in the FATF gray list.
February 2, 2016 By Hazim AL-Madani Law Firm
Anti-Cyber Crime Law of Saudi Arabia is ny act committed related to computer or the internet violating stipulations of this law.
February 5, 2016 By The Sehat Law Firm, PLC
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
February 1, 2016 By Buford & Gonzalez
It is a truism that has to be accepted that those with no criminal record generally have a better chance at getting a job than those with one. However, if you have a DWI on your record, it is no longer the serious problem that it once was. More employers are adjusting their thinking, and there are also more legal options with which you may be able to clean up your record.
There are two ways for law enforcement to determine whether a driver is impaired. The Breath Analyzer and Field Sobriety Tests. Field Sobriety Test results are not always reliable, there are often other elements, such as the weather, or the ground surface in which the tests are performed. The question is are the results admissible in Court?
States and counties around the country have offered criminal defendants a number of alternatives to jail. These alternatives help to keep more people outside of overcrowded jails and provide an incentive to reform behavior.
Through the process of forfeiture, the government may be able to take away the property of a civilian. This may be because the individual is involved in criminal activity or because he or she owns property that was involved in criminal activity.
Drug Trafficking charges in Florida are basically only trumped up possession charges. This means that to prove drug trafficking, the state attorney only needs to prove that the defendant possessed a certain amount of a controlled substance – this amount is defined by Florida Statute 893.135 and is different for each drug.
All too often individuals think they can proceed without a lawyer in drinking and driving offenses. Some people don't understand the consequences that they face in such serious matters while others simply think they will be better off without an attorney. Unfortunately, an attorney is crucial for all defendants facing such issues.
Each year, U.S. police departments receive as many as 80,000 reports of sexual abuse against children. However, the American Academy of Child & Adolescent Psychiatry reports that this number is an underestimate. Many children who are abused are afraid to tell anyone what has happened.
By APC Law Firm
Today the world is steadily moving to international globalization through constant economic, political, cultural and legal integration.
You may have seen people with ankle monitors, or heard of those who get home detention as a sentence, but who actually qualifies for alternative sentencing and how does it work?
If you get a DUI in Colorado, there is a good chance you will have to deal with an ignition interlock device. An interlock is the common name for car breathalyzer, a device that is required to be placed in vehicles for a period of time owned by those who have been accused of driving with a blood alcohol content (BAC) of .08 or higher, refusing to submit to a chemical test, or drivers convicted of DUI.
A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.
While individuals do lose many rights when they are imprisoned, this does not mean that they lose all jails. Since jails and prisons are the custodians of these individuals, they have many responsibilities to these individuals’ welfare.
For many people underage drinking is thought of as a youthful indiscretion that is just a fact of life, but Georgia law takes it very seriously. The Centers for Disease Control and Prevention have compiled statistics suggesting that over two-thirds of high school senior have already tried alcohol, and almost 40 percent drink regularly; of course, underage drinking is also common at the University of Georgia.
All too frequently, people ask us what types of conditions may be imposed by the Court as a condition of probation. Trial courts in Georgia criminal cases are vested with broad discretion to impose conditions of probation that it sees fit to address issues with a particular defendant.
First offender Programs are alternative sentencing program that take into consideration the negative consequences associated with a criminal history. They often allow a person who has committed a crime a preferable alternative to the normal conviction process, provided that the individual completes certain requirements.
While people laugh at celebrity mugshots and may even peruse local ones for amusement, mugshots can be extremely embarrassing to the individuals portrayed. Quite often, a mugshot is considered public information. However, there are some instances in which a person can have a mugshot removed.
Many issues come up when someone is faced with a DUI but when you are not a permanent citizen, one of the biggest fears is deportation.
As the landscape of marijuana legalization changes, the many related laws evolve accordingly. An Oregon court recently ruled that the smell of marijuana smoke cannot be considered inherently offensive.
The basic legal framework concerning the liability of business entities for corrupt practices in Greece.
Is DNA really the smoking gun that the media and police make it out to be? It certainly isn't in light of some of the recent cases of DNA pointing the finger at the wrong person. The so called “gold standard” in forensic evidence isn't as golden as we are led to believe. A smart criminal defense lawyer knows this and will use this to help his client.
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.
Witnesses including parties to the case provide testimony to the court that the judge and jury consider. When witnesses testify to the court, they do so under oath. They also do so under the risk of facing criminal charges if they lie to the court. There are steps that another person can take whether a party or an observer to inform the court of lies.
While many people are familiar with the term DUI, meaning driving under the influence, this term is usually associated with alcohol. However, states also have additional laws or utilize the same laws as those pertaining to alcohol-related charges as those pertaining to driving under the influence of drugs. In states that have additional laws, these are sometimes abbreviated as DUID for “driving under the influence of drugs.”
Driving under the influence of drugs may be incorporated as an independent statute or may be treated the same as driving under the influence of alcohol, depending on state law. In either event, a conviction for driving under the influence can carry significant consequences.
Probation may be a part of the punishment given to you after being convicted of a crime in the state of Florida. It is important to understand that when you have been placed on probation during the sentencing process, you need to comply with all of the conditions outlined by the court. If you violate your probation terms and conditions, you could find yourself in even bigger trouble than before.
We’ve watched the scene unfold on television before, a couple discusses their pending legal doom, things are bleak, then somehow they realize they can’t be forced to testify against one another, and suddenly, there is hope these troubles can be averted.
If the prosecutor violates your right to a speedy trial, then the case should be dismissed. Your right to a speedy trial means the state must bring you to trial within the time limits proscribed in the Ohio Revised Code. For a first or second degree misdemeanor charge in Ohio, the case must be tried within 90 days unless you waive your right to a speedy trial.
In many drug cases in Ohio, law enforcement officers use a confidential informant, also known as a CI. The confidential informant is often facing his or her own criminal charges. Law enforcement officers will negotiate with the confidential information, sometimes through the informant’s criminal defense attorney, for cooperation in setting up another person.
Carrying a large amount of cash is risky. The fear of theft or losing the money is palpable, but new, unlikely culprits have emerged — culprits with a badge and a gun.
While many individuals ask for a second opinion after receiving a medical diagnosis, these same individuals feel hesitant to do so in a legal case. However, individuals are usually entitled to seek the advice of an attorney of their choice in order to receive a second opinion or other legal counsel.
Exercise Your Right To Remain Silent. Generally when the police contact an individual who is suspected of a crime, whether or not the subject of that investigation has committed a crime or not, the best advice for that subject is to remain silent.
The Colorado state legislature recently passed a bill that is sitting on the governor’s desk waiting his signature.
This article provides a general overview of Florida's 10-20-Life statute. 10-20-Life operates to enhance the penalties of those offenders to who use weapons and, more specifically, firearms during the commission or attempted commission of certain felony offenses.
The act of bullying has been around for as long as anyone cares to remember.
Arrest records contain information about a person who is arrested and the incident that led to the arrest. They also sometimes describe the victim of the crime. Whether they are public record depends on state law and the circumstances surrounding the arrest.
Virtually any time you are stopped and investigated for suspicion of DUI, the officer is going to ask you if you would be willing to perform Standard Field Sobriety Tests, otherwise known as Roadside Maneuvers.
On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.
Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.
Being accused of child abuse can be distressing for a parent, especially when it could not be further from the truth. Even if a criminal investigation clears the parent from any suspicion, the damage to the parent’s reputation may continue to linger. However, in the majority of cases, the wrongfully accused parent does not have the right to sue or receive financial recovery from a doctor who makes a report of child abuse that later turns out to be false.
Not long ago the Internet blew up over the killing of Cecil the lion, a 13-year-old lion living in a Zimbabwean preserve, by an American dentist named Walter Palmer.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.
Texas has more fatal car accidents involving alcohol than any other state. An approach focused on punishment and not education has not been effective in reducing the statistics.
Filing a false police report is a crime under federal and state laws. However, the elements necessary to prove this crime and the severity of it vary by jurisdiction.
The short answer at this point is no. While an initiative was introduced earlier this year to permit public smoking in certain areas, activists just announced they are pulling the initiative from the ballot and seeking a more collaborative effort between themselves and local businesses in Denver.
A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
The city of Denver has completed a six month study concerning the use of body cameras on police and they have created and released a draft policy to the public.
The sexual assault allegations against Bill Cosby have focused attention on statutes of limitations for cases involving rape, and whether or not they should exist at all.
Many people have experienced this situation: in a hotly contested legal dispute, a witness lies on the stand to help out the other side. As a litigant, this can be one of the most frustrating experiences imaginable, and can literally destroy an otherwise solid case. So, is there any legal recourse against the witness that commits the perjury?
When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.
The recent case of a three year old Broward County, Florida boy, has brought national attention to the flaws throughout the countries child protection services. In this tragic recent case, the body of a three year old child was found dead in the laundry room of his father’s house with his body covered in bruises and cuts, reflecting long term abuse of this child.
Cameras are always rolling in Hollywood, and recently they captured real-life drama between two motorists.
The Amber Alert System was created in 1996 after the abduction of nine-year-old Amber Hagerman in Texas.
How to choose a reliable Chinese supplier in international trade business, for foreign merchants.
Family law cases can often be emotionally straining. Sometimes, one parent is given primary custody at the objection of the other parent. The non-custodial parent may attempt to become the primary custodian by removing the child from the state or country, making it more difficult for the other parent to find him or her and to enforce the order.
Parole is a complex system in the penal system that allows convicted prisoners to start a new life with supervision. Historically, the term parole meant by voice or by your word, and that is exactly what it is today. A person on parole is still serving their sentence, but they are allowed to live on the outside, provided they follow specific rules. The rules for parole change from state to state, behavior of the inmate, and the severity of the charge.
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.
What Can Interfere with Breath Testing?
Today it is not a secret that the "raider / unlawful seizures" have become the norm and rather the rule of doing business than the exception to the rule, and both domestic enterprises and large foreign investors are suffering from unlawful seizures. What can be attributed to the notion of "raider seizure". Raider seizure - unlawful seizure of real estate, corporate law, intellectual property by other economic entities, physical entities and public authorities.
The simplest drug crime is possession of a controlled substance, like marijuana. In order to convict, a prosecutor must show that the accused did more than just touch the drug. One conviction was reversed when the defendant said that he had touched the heroin only long enough to throw it away. He had found it in a friend's pocket before taking him for emergency medical treatment.
A new bill has been introduced to end forfeiture funding of the DEA’s Marijuana Suppression programs. The bill is a bipartisan effort to modify was has become a widely abused system of asset forfeiture from innocent citizens, who in many cases have not even been charged with any crimes.
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected. When this happens, what can you do to get your pesky house guest to leave? Does the law offer any solutions?