Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.
Wine tasting at Temecula wineries is an enjoyable way to see the beautiful countryside of the Temecula and Murrieta wine growing region. But the combination of drivers who have tasted too much wine and busy roads with few stop lights at winery entrances make for a deadly combination. The author looks at the unique setting in wine growing regions for accidents.
This article mainly discusses recent developments on anti-corruption practices in Turkey.
Jason Epstein and the TADD campaign has been gaining momentum locally in Washington State and around the country.
If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten days a person has the right to a hearing.
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. Please read this article for a detailed explanation of no contact orders and the repercussions for violating no contact orders.
People are under the impression that if they are arrested and not read their rights, they can have their case dismissed.
We should all be mindful of Florida’s conservative DUI (Driving Under the Influence) laws.
Under federal law, electronic snooping may be considered computer fraud, computer and information theft, or cyberterrorism, violations of which could result in felony charges.
When a person is arrested or a restraining order enters, the accused often needs to obtain his or her clothes and personal belongings. There are several proper ways for an accused to obtain his/her personal belongings when there is a no contact order/restraining order in effect.
All dismissals and not Guilty findings in Rhode Island should be expunged! This includes both felony and Criminal Misdemeanor dismissals. All criminal records are bad records. Expungement is the process in which criminal records are either destroyed or sealed. Essentially an expungement erases criminal records for most purposes.This article explains why you should expunge dismissals and not guilty findings in Rhode Island.
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. Please read this article for a detailed explanation of no contact orders and the repercussions for violating no contact orders.
As the holiday season approaches, students on college campuses across the state are preparing for finals. For many students, this may be their first time away from home and on their own.
What is a misdemeanor? A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol/drunk driving (DUI/DWI), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks.
If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released. RI Law Article by a RI Criminal Defense Attorney.
Illinois' Breath Alcohol Ignition Interlock Device law has been in effect for a year, and some are beginning to question its effectiveness.
U.S. sentencing laws for crack cocaine and powdered cocaine offenses are patently unfair.
The penalties faced by those who have been convicted of a sex offense continue to increase.
The Florida Administrative Driver License Suspension Law can be complicated and confusing.
Having two sons in their late teens, being exposed to all their friends and being their criminal defense attorney, the author has learned one important lesson. You don’t develop your common sense chip until your at least in your late twenties.
If you have ever been arrested, or convicted for a crime, it would have serious effect on your immigration status. Often, immigration petitions/applications will ask you for if you have ever been arrested, charged, or convicted.
Many out-of-state drivers have found themselves facing felony charges in Arizona for drug possession, even though it is legal in their home state. A new Arizona bill could change the state's stance.
The US National Highway Traffic Safety Administration (NHTSA) conducted a study which revealed that more than 11,700 people died from DUI-related crashes in 2008.
Generally, in a an auto accident, a plaintiff is only entitled to receive their monetary damages and an aware for pain and suffering. These damages consist of past and future medical expenses, as well as lost wages and loss of earning capacity. However, if an intoxicated driver strikes you or your vehicle, you may be entitled to an award of punitive damages against the intoxicated driver.
When Transportation Secretary Ray LaHood announced an increased targeting of impaired drivers, he specifically noted the national increase in female drivers arrested under drunk driving charges.
Punishment for a DUI offense includes the possibility of jail or state prison, fines, and license suspensions. The punishment increases for each subsequent offense within a 10 year period.
This article examines prosecutorial misconduct.
This article examines whether racial profiling played a role in Professor Gates arrest in Cambridge, MA.
This article examines whether racial profiling is a useful tool in our counter terrorism efforts.
Every year there is a familiar clamor from Springfield to crack down on perceived social ills on Illinois roadways, and this year involves a law that will target most cell phone users directly: Illinois’ ban on the use of “electronic communication devices” to send and receive “electronic messages.” While it is hard to dispute that distracted driving doesn’t contribute to causing auto accidents, there are many seemingly innocent ways that one can inadvertently violate the law.
There is a newer email scam aimed at law firms. You receive an email requesting your services. The case is settle, and the other party sends you a counterfeit cashier’s check that will bounce. In the meantime, you send your client their due with a check from your firm and voilà, you have been scammed out of thousands of dollars.
Important factors to consider before you get behind the wheel of an automobile. All states handle DUI's differently. If you drive, make sure to become familiar with the laws in your state surrounding DUI offenses.
Here's why...
An independent witness in an operating under the influence case could be the difference between a conviction and an acquittal. Therefore, it is imperative to ensure that any important witness be available to testify at the time of trial.
No matter what state you practice in, no matter what laws are involved, you have to be able to defend your client. Every DUI case comes down to two major pieces of evidence against your client. One is a field sobriety test, and the other is the Breathalyzer test, if your client chose to take it. So as the DUI defense practitioner, you have to be able to defend your client's performance on the field sobriety test.
Jennings Smith Investigations, Inc alerts all Law Firm clients to a financial fraud scheme that has victimized numerous successful law firms and individual attorneys throughout the United States.
Minnesota's DWI laws are some of the harshest in the nation. Contrary to popular opinion, however, there are defenses and significant challenges available. Some of the defense do not become apparent until discovery is performed at the highest level to acquire ALL evidence that may be available. Before you sacrifice your future consult withan aggressive and experienced professional.
Under Minnesota's laws, the consequences of a test refusal when faced with a DWI arrest can be significant. The result can impact licenses, plate impoundments and even result in vehicle forfeitures. Review this summary on the law and its defense.
Minnesota has some of the most sever penalties for drug possession in the nation. That particularly applies to possession and sale of Methamphetamines. You shouold have an experienced and aggressive attorney when faced with such life alterring charges.
Domestic assault is a hot topic in today's legal community. With the sensitivity to domestic assault allegations, all to often there is a rush to Judgment. That is particularly true where new criminal offenses are created year after year and penalties are increased.
There are challenges to DWI charges. All too often, driver's charged feel they have no choice but to take a plea. Consulting with experienced and aggressive counsel can preserve your record.
Top Court Opens Term, Hears Sentencing Cases
Holiday motorists are being warned about the risks of driving while intoxicated by Santa Clara County police, who have begun a unique anti drunk driving campaign. California drunk driving accident lawyers are always pleased to see law enforcement implement new strategies to hopefully increase awareness about the dangers of drinking and driving.
Federal and state traffic collision statistics often show the extent and magnitude of damage that accidents brought on the lives of thousands of people.
Can parents influence the driving behaviors of their teenage children? What can parents do to help reduce the number of fatal crashes involving teen drivers?
There are numerous health and safety reasons for not driving after having too much to drink. However, even if no one is hurt as a result of a poor decision to drive, it can be the beginning of a long and expensive legal process. Under Florida law DUI is proved by impairment of normal faculties or unlawful blood or breath alcohol level of .08 or above.
Increased levels of airport scrutiny of travelers have taken place since the failed attempt to blow an airliner bound for Detroit out of the sky on Christmas. Proposals to expand the use of low level X-rays for full body scans have become central to many plans. Security and safety are always in tension with freedom and privacy. Modern life requires balancing these concerns more than ever before as technology becomes more intrusive and potential threats more deadly.
The phenomenon of police officers’ drawing blood from drivers suspected of DWI/DUI is still fairly new — and controversial.
Across the nation in hearings held by the U.S. Sentencing Commission, federal judges have been arguing that people found guilty of possessing child pornography are often punished too harshly by our court system.
In a criminal trial, the prosecution bears the burden of proof. This means that to convict someone of a crime, the prosecution must demonstrate beyond a reasonable doubt that the accused person committed the alleged crime.
Have you been charged with a Alabama Traffic Ticket therefore you want to fight your speeding or traffic ticket? Here are five strategies that may help you win your case.
All the allegations that Tiger Woods mistresses were getting pay offs from Tiger Woods camp yet no mention of the word "extortion". A look at how Tiger Woods situation is different then David Lettermans where Producer Halderman was charged with extortion and is looking at possible time in prison.
For the past several years, youth fatalities involving alcohol-related collisions have been declining, a welcoming development in the US where nearly 37 percent of traffic fatalities were caused by drunk drivers.
According to Article 38 of the Turkish Constitution (TC) “No one shall be punished for any act, which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.”
While the Constitution guarantees persons the right to remain silent when facing police questioning, only some statements in some situations will be protected under federal and Illinois law. Miranda protections may not offer the breadth of protection that is commonly believed.
Typically, a police officer can only search a person, home or vehicle when the officer has a warrant issued by a judge or magistrate. However, certain exceptions have developed in the law when a warrant is unnecessary to search a person, home or vehicle.
A new law requiring alcohol monitoring ankle bracelet worn by DUI offenders. Commonly referred to as SCRAM (secure continuous remote alcohol monitor), the device measures alcohol from the wearer's perspiration.
A new Illinois DUI law, one of the toughest in the United States, took effect on January 1, 2009. First time DUI offenders must install and pay for a breath alcohol ignition interlock device if they want to drive during the time of their Statutory Summary Suspension.
Legal penalties and other negative consequences for a DUI conviction in Illinois can be devastating and permanent. Don't face the charge without an experienced criminal defense attorney.
The recent Supreme Court ruling in Melendez-Diaz v. Massachusetts has shifted the dynamics of drunk-driving and drug cases across the country.
Recent investigations found that one of Chicago's top DUI enforcers falsified information in DUI arrests; now the former officer faces lawsuits from people who claim they were wrongly accused.
Highway drug arrests in New Jersey can result in very serious penalties including fines, jail and reduced employment opportunities. New Jersey's Interstate 95 has become a popular drug trafficking highway whereby drugs travel north from Florida and money travels south from Maine. Increased drug activity has led NJ government officials to crack down on drug offenses with some of the most severe "mandatory minimum sentences" (MMS) for drug offenders in the country.
Secrets & tips on fighting a DUI and hiring the right attorney to fight for you.
New York STD Lawyers help plaintiffs get legal compensation for STDs contracted from parties who were knowledgeable of their condition. If information was chosen to be withheld from their sexual partners then it is along the lines for compensation.
Individuals who are convicted of sex crimes usually face more than just prison time. Even for those who are ultimately acquitted though, the social cost can be high.
With remaining unstable economies in both the U.S. and Mexico, particularly now approaching the holiday season, scam artists are up and on the prowl for new victims all around the country.
The term "white collar crime" is generally used to describe any nonviolent crime involving dishonesty or fraud in commercial matters. Put more simply, white collar crimes are financial rather than physical crimes.
A mail order scam group recently used the Metromix name and is contacting people telling them they've won a rewards program prize and will be given a check for thousands of dollars. This is a SCAM.
STD law falls under tort law. By definition, a tort occurs when one person’s act – whether careless or intentional – causes an injury to another’s person or property. If a tort has occurred, the party who committed the act may be held accountable for money damages.
A person commits a summary offense if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any liquor or malt or brewed beverages. For these purposes, it is not a defense that the liquor or malt or brewed beverage was consumed in a jurisdiction other than the jurisdiction where the citation for underage drinking was issued.
It is unlawful to manufacture methamphetamine or phencyclidine or their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) in a structure where any child under 18 years of age is present; or (2) where the manufacturing of methamphetamine or phencyclidine causes any child under 18 years of age to suffer bodily injury.
In 2002, the state legislature passed the Internet Child Pornography statutes, though in 2004, a federal district court held that, in light of an abundance of evidence that implementation of the Internet Child Pornography Act had resulted in massive suppression of speech protected by the First Amendment, the Act was unconstitutional.
In 2004, Pennsylvania changed its DUI laws. Now, the severity of penalties faced by someone charged with a DUI depends not only on the number of previous convictions they may or may not have, but also on the amount of alcohol present in their blood (BAC) at the time of the arrest.
The term "computer crimes" is not one often heard in criminal news. Most people don't even realize it exists. Nevertheless, it is specifically addressed by most states' legislatures. In New York, it is codified in Section 156 of New York Penal Code. This article, provides a short glimpse into what is considered a New York computer crime.
The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.
If you have applied for Medicaid in the State of New York, particularly in New York City, and misrepresented facts regarding your income and assets on your application, you may become another target of relentless and massive hunt for fraudsters.
Illinois has doubled the penalties for first-time DUI offenders. It has also made ignition interlock devices mandatory for first-time offenders who want to reclaim their driving privileges.
Identity theft is one of the fastest growing crimes in America. In 2005, there were over 685,000 reports of consumer fraud and identity theft, resulting in a loss of over $680 million dollars. Surprisingly, while reports show that 37% of the population has been the victim of identity theft, those aged fifty and above are least likely to report.
Internet frauds have become extremely "popular" these days, and many people have fallen victim thereto. With so much indirect experience as legal professionals, we cannot help sharing some heartfelt tips with you so that your Internet surfing and on-line shopping will become more pleasant.
The length of procedures for charges of shoplifting in the Montreal Municipal Court can vary.
Few notes on some of the local laws in Kuwait which will need some reforms for better and fare application..
This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.
If passed, a new bill in New Jersey would change the current Rape Shield Law. A Rape Shield Law is a law that prevents a rape victim’s sexual history from coming into court under certain circumstances. Under New Jersey’s present Rape Shield Law, the general rule is that a victim’s sexual history with people other than the defendant cannot come into court in criminal cases except in certain circumstances.
Real estate fraud in Ontario generally includes “mortgage fraud” (e.g. fraudsters acquire a mortgage fraudulently through false information or identification and run away with the money, leaving the true home owners with a significant liability) and “title fraud” (e.g. fraudsters use stolen identity or forged documents to transfer a registered owner’s title to him or herself without the owner’s knowledge).
The September 11, 2001 Al-Qaeda attacks on the Twin Towers in New York City, and the reaction to those terrorist attacks by President George Bush’s administration, left this nation with a tragic and despicable legacy that has tarnished our great Country’s reputation and image worldwide.
The Texas Criminal Defense Lawyers Association (TCDLA) releases every two years after each session of the Texas Legislature a summary of new or amended laws enacted during the legislative session.
In April 2009 CNN reported that there are 38 states in these United States which require juveniles convicted of sex offenses to “register” as sex offenders.
THE “JUNK SCIENCE” OF DOG SCENT LINEUPS
Popular Law Enforcement Dog Handler Discredited After False Results, Exaggerated Claims of Accuracy Exposed
TEXAS GOV. RICK PERRY IMPEDES INQUIRY ABOUT WHETHER TEXAS EXECUTED AN INNOCENT MAN
Governor’s abrupt Dismissal of Chairman, Two Members of Texas Forensic Science Commission on Eve of Hearing Smacks of Political Cover-up
Every prospective juror summoned to court for jury duty in a criminal case is questioned by counsel for the State and defendant as to his/her willingness to follow the law as given by the judge at the conclusion of the trial.
“STOP AND FRISK”
Increased Use of Stop and Frisk Leads to Increased Constitutional Abuses, Legitimizes Racial Profiling
A Texas driving-while-intoxicated (DWI) conviction can have dire consequences. Depending on the circumstances and the driver's criminal history, penalties and related expenses can include prison time, steep fines, high fees, increased insurance rates, probation, a permanent criminal record, driver's license restriction or revocation, attorneys fees, alcohol-education classes, community service and an interlock ignition device.
Medicare fraud costs tax payers billions of dollars every year. As a result, the Justice Department and the Department of Health and Human Services (HHS) are partnering in a joint agency effort to combat Medicare fraud. In May, Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius announced the formation of the Health Care Fraud Prevention and Enforcement Action Team (HEAT).
Florida has been particularly hard hit by the sub-prime mortgage disaster. According to a 2008 report released by the Mortgage Asset Research Institute, Florida ranks 2nd in the country in the number of reported mortgage fraud cases. At the state level, Florida's Attorney General has organized a task force to investigate and prosecute suspected cases of mortgage fraud. Since 2007, the AG's office has charged 40 individuals with criminal mortgage fraud.
Even before the national subprime problem became a full-blown crisis in 2007-2008, mortgage fraud was a serious problem in Florida. According to the Mortgage Asset Release Institute, Florida ranked second in the nation for reported mortgage scams in 2008. Industry statistics indicated that one in ten mortgage applications included some form of misrepresentation.
Earlier this year, the United States Internal Revenue Service (IRS) reached an agreement with Swiss banking giant UBS. The agreement is centered upon deferring prosecution of UBS for charges of conspiring to defraud the U.S. government by interfering with the IRS.
Like most of the country, Texas has been hit hard by the ongoing downturn in the housing market. This decline has had a wide range of consequences, leaving many homeowners with upside-down mortgages, cities with reduced revenues and consumers with little confidence in their financial affairs.
According to an article written in The Daily Express on 3rd October 2009, police officers are spending less than 6 hours a week patrolling the streets.
The Government can seize your property even if you did not commit a crime using the state and federal civil forfeiture statutes. Many times the government will take large amounts of cash just because a drug sniffing dog alerted to the money.
With the countries financial crisis and thousands of people losing their jobs, facing jail for not being able to make support payments has become a reality. Criminal and civil contempt charges for non child and spousal support are being filed by prosecutors and ex-spouses now more then ever before. This article will enlighten those who may face the possibility of jail and what they can do to hopefully avoid it.
Phoenix, Arizona, has been dubbed the "kidnapping capital" of the United States. The state ranks second only to Mexico City in the number of annual kidnappings in the world.
After September 11, 2001, there has been an increased effort to control borders in the United States to help curtail terrorism. Because Arizona shares a 370 mile long border with Mexico, Arizona has been the frontline in the battle against illegal immigration and the war on drugs.
California Attorney General Jerry Brown, Federal Trade Commission Jon Leibowitz and other top state prosecutors recently announced 189 lawsuits against loan modification companies nationwide, accusing them of scamming struggling homeowners trying to reduce their mortgage payments.
New Jersey lawmakers are pointing to proposed legislation moving through the U.S. Senate as proof that the public is fed up with accidents caused by people distracted by their cell phones while driving.
If you have been charged with a crime and are considering representing yourself, think again. A Kansas City criminal defense attorney can make the difference in whether you spend life in prison, or serve just a few years time, depending on the seriousness of the offense.
Horrible crimes occur every day in Florida and throughout the United States. Most of these crimes and the people who commit them do not become media sensations or even front-page news. However, certain stories involving attractive alleged criminals seem to grab headlines on the Web, in newspapers and on television.
If you are in the US on a visa, you should take care to follow the law. Any criminal charges against you can serve as grounds to revoke your visa and send you home.
It was like robbing a bank and then yapping about it to the whole world.
There are many companies offering services on the Internet which do not qualify as "investigations" but really should be. These companies are completely unregulated and most of these companies are "information brokers" who have access to databases of public records, like telephone numbers, address directories, voters registration filings, etc.
Many travelers are stopped on I-8, I-15, I-40 or any other highway in Arizona and charged with a drug crime. This usually happens to people who are driving cars with out of state plates or rental cars. The Officer will find some minor excuse to pull you over. You may end up being charged with a drug crime.
Last year, 131 people in North Carolina were killed at the hands of someone they loved or whose family they were a part of, according to North Carolina’s Attorney General. Of these victims, 99 were female and 32 were male.
Eavesdroppers, thieves and hackers are all out there -- but you can prevent them from accessing your secrets.
How Private Investigators are saving businesses millions and changing lives
This time we’ll analyze the principal characteristics of crimes related to Revealing Secrets of Industries.
Labor Day can be fun day to drink and party. However, you must be aware in Orlando, and elsewhere in the State of Florida it is illegal to drive impaired.
Have you ever been injured in an accident and were given a prescription for Hydrocodone, Oxycontin, Darvocet, or Percoset or any another pain killer?
Many parents find themselves at their wits end dealing with their insubordinate children, especially teenagers. Every fight just seems to escalate as the tension between parent and child grows.
Fishing Vacation to Canada
A bill that would have extended the statute of limitations for victims of sexual abuse did not pass the State Assembly during this year's legislative session.
Have been injured or want to know your rights when you are injured? This is where you will find all your answers.
Have been injured or want to know your rights when you are injured? This is where you will find all your answers.
Have been injured or want to know your rights when you are injured? This is where you will find all your answers.
Have been injured or want to know your rights when you are injured? This is where you will find all your answers.
Have been injured or want to know your rights when you are injured? This is where you will find all your answers.
Have business law problem or have some inquires related to business law? This is where you will find all your answers.
Have business law problem or have some inquires related to business law? This is where you will find all your answers.
Have business law problem or have some inquires related to business law? This is where you will find all your answers.
Have business law problem or have some inquires related to business law? This is where you will find all your answers.
Have business law problem or have some inquires related to business law? This is where you will find all your answers.
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Have family law problem or have some inquires related to Family law? This is where you will find all your answers.
Have family law problem or have some inquires related to Family law? This is where you will find all your answers.
Have family law problem or have some inquires related to Family law? This is where you will find all your answers.1
Have family law problem or have some inquires related to Family law? This is where you will find all your answers.
Have family law problem or have some inquires related to Family law? This is where you will find all your answers.
A quick look at the ten steps a defendant goes through in the criminal court system after being arrested.
Inadmissible Evidence under 608(b) of the Texas Rules of Evidence May be Admissible under 613(b), Rule 412 or Confrontation Clause.
Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest
In May 2007 the U.S. Sentencing Commission sent a report to Congress recommending that the 100:1 sentencing ratio in crack/powder cocaine cases be reduced to 20:1.
Addiction to Pumping Iron and Juicing Leads to Massive Arrests in Houston Area and Ft. Bend County
The U.S. Supreme Court will decide the constitutionality of a law enabling the federal government to indefinitely detain sex offenders after completion of their prison sentences.
If you have been accused of a crime, hiring the first Kansas City criminal defense attorney you come across will not do. These types of cases are very serious, and require the knowledge and experience of a lawyer who has dealt with hundreds of these particular lawsuits.
There are few things that inspire public concern like the abduction of a young child. People become riveted by the reports on the crime.
The state of Ohio has purchased 700 new Intoxilyzer 8000 machines designed to measure breath alcohol levels. The machines cost $6.4 million, with a grant from the federal government footing the bill.
A corporation deep in debt often will try to eliminate liability by merely incorporating under a different name. In many circumstances the law will allow creditors of the defunct corporation to recover from the new corporation.
I am often confronted with a dismayed employer who has realized that a trusted employee has stolen and embezzled substantial sums of money.
As if being a teenager isn’t stressful enough, peer pressure is now being rivaled by a powerful new influential force…exposure.
Your rights when detained on suspicion of Drunk Driving in California. Comprehensive DUI/DWI Information resource for driving under the influence defense.
In 1963, the US Supreme Court held in the landmark case Gideon v Wainwright that the Sixth Amendment of the US Constitution requires state courts to provide attorneys to any criminal defendant who is unable to afford one. In the past 46 years, however, many states have been unable — sometimes even unwilling — to meet this important obligation.
When the economy hits a downslide, there tends to be a rise in the number of fraud cases as some try to get rich quick off of others' misfortunes. With this in mind, four new bills have been signed into law, each aimed at protecting fraud victims and enforcing their rights to restitution.
Thaddeus Jimenez was arrested for murder when he was 13 years old. At 14, he was sentenced as an adult to spend 50 years in prison for the crime.
Twenty-one University of Illinois students face legal and academic sanctions after being arrested in a drug-dealing sweep. The arrests ranged from misdemeanor cannabis possession to felony sale of controlled substances.
When lawmakers want to appear to be strong advocates of public safety, drunk drivers can be an easy target. Nationwide the penalties for drunk driving seem to be increasing without bound.
On January 1, 2009, Illinois laws governing drunk driving changed significantly. Generally these new laws provide harsher penalties for drunk drivers. However, as with any legal development, the full consequences and concerns of these changes were not immediately clear.
Investigator and witness credibility is the most important issue when testifying in court. An investigator and witness must be credible.
2009 Changes to Washington's Sex Offender Registration Laws
Defining "Actual Physical Custody" under Arizona Law
The Fourth Amendment protects people from unreasonable searches and seizures, and Americans are well aware that you don’t give up your rights just because you get in your car. As the Supreme Court noted in Coolidge v. New Hampshire, "[t]he word ‘automobile’ is not a talisman in whose presence the Fourth Amendment fades away."
Crime statistics show that alcohol and drug consumption has in many cases a direct and substantial influence on criminal conduct. It is, therefore, alarming that people who become voluntarily drunk stand a good chance of being acquitted in the South African courts if the evidence reveals that, at the time of the act, the accused happened to fall in the grey area between ‘slightly drunk’ and ‘very drunk’.
Across the country, states are taking action to combat drunk driving. As the penalties become more restrictive and expensive, Colorado is no exception. On January 1, 2009, Colorado's DUI (driving under the influence) laws changed in ways that every driver needs to be aware of before getting behind the wheel.
A look at what a white collar crime is, its defenses and punishment, and its effect on society today.
In 2008, New Jersey's intermediate appeals court, the Appellate Division of the Superior Court, determined when a criminal defendant can receive a reduced sentence for a Driving While Intoxicated (DWI) conviction.
Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.
People who have suffered injuries in an accident caused by a drunk driver have a number of sources to claim compensation for their losses caused by property damage, medical bills, lost wages, and pain and suffering.
To a victim of violent crime such as rape or assault, the obvious perpetrator is the criminal directly responsible for causing harm. However, the legal theory comprising premises liability and negligent security allows victims to file suit against a landlord or property manager for injuries suffered during a criminal assault taking place on their premises.
"As many as 75 percent of all children in foster care, upon leaving the system, will have experienced sexual abuse."
This article reviews the various sentencing options available to a court in Ontario, Canada, after a person has been found guilty of a criminal offense.
The charge of theft is very broad and can encompass many different factual situations. This FAQ answers questions posed by those facing a theft charge.
Those charged with minor offenses such as theft under and possession of marijuana in Ontario, Canada, can often have their charges withdrawn by participating in a diversion program. This article is an FAQ of questions often asked by those charged with such a crime.
A charge of domestic assault generally arises from a dispute involving those in a relationship. The following FAQ are questions often asked by those accused and those who make a complaint.
Legislators and State Prosecutors Attempting to Deny Confrontation Clause Guarantees, Presumption of Innocence
Rule 606(b) of the Texas Rules of Evidence; Conducting Inquiry into Juror Misconduct
Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest
Marijuana is illegal in the state of Florida and is heavily prosecuted in the central Florida areas of Orlando, Winter Park, Windermere, Kissimmee, Longwood, Altamonte Springs, Tuscawilla, and in Orange, Osceola, Seminole, Brevard and Lake County. Hiring a lawyer is a good idea if you are arrested or charged with possession of marijuana as it can be a felony if you are caught possessing more than 20 grams of the plant.
If you or a loved one is a drunk or drugged driving crash victim, you may suffer physical, emotional, and financial damages. For injured victims, family members, and friends of those who have been killed or injured as a result of a drunk or drugged driver the first task is processing what has happened. Drunken driving crashes are sudden and the victim has no time to prepare for the crash or the aftermath.
For any and all arrests that result in a dismissal or nolle prosequi (State of Florida drops your case) you may be eligible for expungement off your criminal record as long as you’ve never been adjudicated guilty or delinquent for any other charges on your criminal record.
In the age of the Internet, there has been a proliferation of escort Web sites and directories. Some of the most common being Eros, CityVibe, Craig’s List, The Erotic Review. Men of all backgrounds and professions frequent these sites and contact escorts for companionship. However, the services an escort can provide sometimes go beyond mere paid companionship and law enforcement tries to step in to control any prostitution, assignation, solicitation and any other sexual acts conducted for money.
I’ve been arrested for a DUI causing an accident. Where do I go from here? Roads in Orlando and Central Florida are seriously congested and in many cases poorly designed. There is rapid development and increasing numbers of people moving to our state everyday. These factors along with consumption of alcohol can sometimes lead to some serious accidents.
People – including lawyers - often ask me if they should “go for a bench trial, or a jury trial”. For those of you don't know, a “bench” trial, is a trial in which a judge, not a jury, determines if you are guilty or innocent. For me the answer is simple: absent very unusual circumstances, you always want a jury trial. The Founding Fathers of this country understood how hard it was for a judge, who is on the government's payroll, to rule against the very entity that butters its bread.
Parents may not be able to prevent teenage drinking, but can take steps to prevent teenage drunk driving and reduce potential personal liability.
Perhaps lost in the outcry over sexting is the fact that by sending these illicit images, North Carolina teens may be found in violation of the very laws that were written to protect them. Sexting may be considered a federal offense.
Strawberry Reservoir is a popular spot to fish in Utah. Fish can grow well and thrive there, which is good for fishermen. There have been problems there, however, with an overabundance of non-native fish populations. The Utah Division of Wildlife Resources (DWR) has tried to reduce non-native fish populations and manage desired fish species with targeted regulations.
California Penal Code Section 422 is entitled "Terrorist Threats" but why are so many family members being charged with it in criminal courts around the state?
If you are caught or your car is pulled over and you have in your possession marijuana or other illegal drugs in New Jersey, the first thing to know is what your rights are and what will happen to you.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
A statutory summary suspension provides for the automatic suspension of driving
privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to
complete chemical testing.
The problem of identity theft in Hawaii is suspected to be much worse than publicized. There have been several high-profile examples of Hawaii businesses experiencing on-line and hard-copy security breaches of private and confidential information of its employees and/or customers, thus increasing significantly the risk of identity theft.
In late May 2009, the Justicw John Gilmour of the Federal Court of Australia, reserved his decision in the case brought by the Australian Securities and Investments Commission (“ASIC”) against billionaire, Andrew (Twiggy) Forrest of Fortescue Metals Group. This article looks at the precarious nature of contracting with a Chinese entity and the care that must be shown, when issuing public announcements.
When stopped by law enforcement and cited for a traffic violation there is a natural fear that you will have your insurance rates go up, take unnecessary time off of work to appear in court, pay high fines (even if you are allowed to attend traffic school) and a possible license suspension. This of course applies to infractions. If you are charged with a misdemeanor or felony violation, the consequences are far more serious and you should seek an attorney.
In the past ten years in California, there have been thousands of cases of drunk driving accidents in which victims were either seriously injured with lifelong, debilitating wounds or killed as a result of the crash.
Sexual abuse is a problem throughout the country and the world. Too many people are becoming victims of this horrific crime each year, some of which are repeatedly abused in their homes, places of employment, and even schools. In fact, statistics show that a majority of sexual abuse victims are assaulted by people very close to them, whether they are relatives, friends, or casual acquaintances.
It is in your best interest to remain silent. Law enforcement is trained in interviewing to win your trust and confidence. Once you feel comfortable, they move into the interrogation. Be polite but ask to call an attorney. One has to learn to protect your Constitutional rights.
For more than 130 years, Illinois rejected the concept of social host liability. Specifically, a person who provided alcohol to a guest could not be legally responsible for damages caused when that guest became intoxicated and ran over someone with a car or beat someone up in a drunken rage.
Assault and battery claims are problematic all over the country, but many of these criminal cases occur right here in the San Diego-Los Angeles area of California. Although assault and battery victims almost always wish to press criminal charges against their violent assailants, many do not think about the ability and benefits of filing civil cases for punitive damages as well.
Every one has heard of the phrase “proof beyond a reasonable doubt.” But there are three primary standards of proof: preponderance of evidence; clear and convincing evidence; and reasonable doubt.
The rule of law prevails over the demands of politics
Cyber crime is on the rise. That may not be a novel or new statement, but what is novel and new is the way that law enforcement, attorneys and judges are dealing with this new area of the law. Unlike the categories of the law that we’re used to, like family or bankruptcy, cyber law isn’t a body of law unto itself, but a collection of laws regulating how people behave when they use computers, networks and the Internet. It frequently also draws on both state and federal law.
This briefing looks at the implications of the the Corporate
Manslaughter and Corporate Homicide Act 2007.
A bill pending in the New Jersey legislature — known as the New Jersey Compassionate Medical Marijuana Act — is gaining increasing support from a group of respected members of the health care system. The New Jersey Nurses Association, the Academy of Family Physicians and the Hospice and Palliative Care associations are just a few of the professional groups offering support for the passage of the New Jersey Compassionate Medical Marijuana Act.
Although the penalties for shoplifting vary from state to state, New Jersey's statutes add an interesting wrinkle. Not only do convicted shoplifters face the possibility of community service, fines and jail time, New Jersey store owners have the right to recover all monetary losses due to shoplifting — including court costs. That's right: convicted shoplifters in New Jersey will not only pay for the crime, they'll even pay for their conviction.
In 1991, in response to a growing number of domestic violence cases the New Jersey legislative enacted The Prevention of Violence Act. Through the Act, the state sought to protect its most vulnerable citizens, including women, the elderly and the disabled.
Motorists charged with DUI (driving under the influence) or a DWI (driving while intoxicated) should understand that a Breathalyzer — a breath-alcohol chemical test — is one of several pieces of evidence that can be used in a court of law. Passing a Breathalyzer does not guarantee acquittal, nor does failing such a test guarantee conviction.
The criminal law practitioner should approach with caution issues involving searches and seizures where there is alleged to be client "consent." How many times have we heard the police officer say – "I asked the suspect if I could search his car and he said "yes"?
The astonishing disclosure by B. Ramalinga Raju, former chairman of Satyam Computers, that his company’s accounts were fudged over many years is shocking. One wonders how an individual could fudge a company’s accounts for years without anyone coming to know of it. Surely, the Satyam scam could not have taken place without the finance department collaborating with Mr. Raju in the misadventure.
Legal Opinions Redefine Torture, Criminal Acts
Foreign Investigation of Torture Techniques Sanctioned by Bush Administration
The Right Wing and the Council on American-Islamic Relations; No Due Process for the Unindicted
Defense Lawyers Must Prepare for Federal Sentencing
Sexting Among Children; Criminal Behavior or Brash Sign of the Times
Federally funded task forces make online crimes against children top priority.
Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges
For those who have never before faced criminal charges, an arrest can be a frightening experience. The stress and anxiety of an arrest may cause you, your family members or friends to overlook important factors, such as the right to remain silent and the right to consult with a lawyer.
“A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care." Ill. Pattern Jury Instr.-Criminal 23.29 (4th ed.)
The statute of limitations for a misdemeanor DUI is generally18 months from the date of offense. The statute of limitations for a felony DUI is generally 3 years from the date of offense.
The basic principle on which breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
With the law unclear on what you can or cannot do behind a wheel, Martin Hammond has tried to clarify the law as it currently stands.
7 important things to remember and do when getting pulled over by a police officer.
With summer heating things up, it is time to head to the coast to cool down, but do not try to get there too quickly or you may end up spending more on your weekend getaway than you planned. Everyone has been pulled over for speeding a time or two (or three or four), but a simple, speeding ticket can have major consequences.
Long gone are the days when the bartender says, “How about one for the road?” A drink with friends after work can turn into the biggest financial quandary one may ever face. Driving while intoxicated offenses are at the forefront of America’s legal system. Whether considered driving while intoxicated (DWI) or driving under the influence (DUI), the bottom line is DWI’s are expensive.
Jérôme Kerviel was allegedly involved in an illegal trading scheme amounting to €50 bn., which resulted in a loss of €4.9 bn at Société Générale, the second largest bank in France.
This article provides an overview of medical, pharmaceutical & health insurance fraud: types of fraud, acts & statutes, case studies, prosecution strategies & defense strategies.
The Sherman Anti-Trust Act is the fundamental basis of American antitrust legislation. While later laws would expand upon the definition and enforcement of antitrust as a legal concept, the Sherman Act has been the foundation of antitrust law for over one hundred years in the United States.
This article discusses three major antitrust cases - AT&T, Kodak & Standard Oil - and the effects they had on US antitrust regulation.
Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case. Review this guide to defending against false allegations.
Several new appeals came into the office this year. Fortunately, my clients possessed the presence of mind to call early in the appeal process to preserve as many of their rights as possible. The appellate timetable is unforgiving and must be complied with strictly to preserve one's right to review. Criminal defense lawyers, and prospective appeal clients alike, must be familiar with the time limits applicable to criminal appeals in Texas.
The new Health and Safety Bill passed its third reading in the House of Lords on 10 October 2008. It came into force on 16 January 2009, and will apply to all offenses committed after that time. The Bill is not retrospective and will not therefore affect offenses already under investigation, or incidents which occur before the effective date.
In combating the dangers of Drunk Driving, technology rides the forefront of effective deterrence.
Many states only require Private Investigators pass a written test to hang a shingle on their wall and open for business. This does not qualify a person to be an "Investigator" by any means. When you’re faced with the need to employ the services of a Private Investigator become informed before making a decision on who to use.
In Georgia if you are charged with a DUI you may have only ten days to save your Driver's License.
Recent Law Enforcement Studies have shown home invasion robberies are on the rise! What can you do to avoid being the next victim?
Being arrested for driving under the influence can be a life changing event that should be taken seriously. If handled properly, you can severely mitigate the affect this event has on your life. There are several things to take into consideration, and that one should do if arrested for a San Diego DUI.
On January 1, 1986, statutory summary suspensions were added to the laws of Illinois against drunk driving. Since that time, various court decisions and legislative amendments have affected the practice of defending DUI drivers.
Companies in Europe or the US facing insolvency are often tempted to leave their Chinese subsidiaries stranded - disregarding the consequences under Chinese law. Who can afford to be banned from investing or working in China?
There are several problems with Florida's broadly defined statutes and procedures regarding injunctive relief in Domestic Violence cases. These laws and procedures actually prevent wrongfully accused individuals from receiving a fair hearing and punish the innocent without event he benefit of a trial.
Until now the Indonesian Criminal Code is still considered to be the prevailing law, even though there has been several times of efforts for the making of new draft of the Indonesian Criminal Code. In the draft itself, article concerning defamation is not considered to be erased. This is now a matter of debate of the Law Practitioners and Law Academicians in Indonesia, whether it should be regulated in the Indonesian Criminal Code or only in the Indonesian Civil Code.
Several defenses to the validity of breath tests exist as a result of the ingestion of foreign substances by an arrestee prior to the taking of a breathalyzer test, even if the ingestion occurs outside the 20 minute observation period.
Below are the Illinois Commercial Drivers License (CDL) Laws based upon the Federal Regulations of the Federal Motor Carrier Safety Administration. Essentially, it states that a CDL driver faces a one year disqualification from driving a Commercial Motor Vehicle (CMV) for a first-time DUI or DUI-related suspension, and a lifetime disqualification for a second DUI or DUI-related suspension. (A sentence of Court Supervision is considered a conviction for purposes of these regulations)
The Nigerian Public Procurement Act 2007 and Debarment of Multinational Corporations from Participating in Government Contracts: Unanswered Questions on Debarment and Exclusion Rules
A plea bargain accepted by the trial judge waives most of a defendant's rights to appeal. However, there are a few cracks in the armor which potential clients should be aware.
Discuss of statute of limitations in civil RICO litigation.
Non-Disclosure is a great way for persons to get a fresh start after running afoul of the law, getting deferred adjudication, and completing the deferred successfully. Orders of Non-Disclosure seal those records from dissemination into the public domain by the custodian of records, the Texas Department of Public Safety.
The best time to consult with an attorney is when you don’t need one! Whenever you have concerns about a potential problem, that is the time to talk to a lawyer.
It's a question your most important client might pose, or maybe your neighbor: "What should I do if I'm stopped for DUI?" Here's an overview for lawyers who don't practice DUI law.
Beginning in December of 2006, DuPage County became the first court in Illinois to allow the use of Alcohol Monitoring Ankle Bracelets in court cases involving DUI Arrests. These are more appropriately referred to as SCRAM devices. 'SCRAM' stands for Secure Continuous Remote Alcohol Monitor. The devices were designed by Alcohol Monitoring Systems, Inc., headquartered in Highlands Ranch, Colorado.
Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders (see 625 ILCS 11-500 for definition of ‘first offenders’) is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws.
This article looks at the loan modification and foreclosure consultant statutory regulations that apply in this heavily regulated field from the viewpoint of a what a California real estate fraud attorney looks for and what a Realtor must do to avoid lawsuits. The writer also discusses the damages that can be obtained in California by lawyers for unwitting victims of unscrupulous loan modification and foreclosure consultants and against real estate agents who fail to follow these regulations.
Commonly asked questions and answers about Georgia DUI law, and responses from experienced Georgia DUI/DWI attorneys. Being charged with a DUI/DWI is not a simple matter in all states; this is a criminal offense with serious consequences. Familiarity with Georgia DUI law, the state systems and knowledge about local judges and prosecutors are essential to a successful criminal defense.
Where one state recognizes the legality of an online relationship federal law may not.
The South Florida Sun Sentinel has reported that the Florida Department of Law Enforcement in Miami-Dade County fired breathalyzer analyst Sandra Veiga last week. According to her dismissal notice, she improperly tested the Intoxilyzer 8000 machines, the only breath test analysis instruments approved for use in Florida.
Alex Bomberg of International Intelligence Limited reveals how firms should guard against their companies falling foul of future litigation via straight forward basic due diligence.
Monitoring of employee’s data messages at the workplace: What about the employee’s right to privacy?
The following is a guide to the new Guardianship options for Foster Parents and their children in Cork and throughout Ireland following the Child Care (Amendment) Act 2007.
Almost anything is technically possible in espionage when you are dealing with multi-billion pound litigation cases, mergers and accusations or intellectual property rights.
Corporate Espionage was once thought of as a risk that only affects the richest of companies in high-risk sectors or emerging markets, the latest trends suggest that this is far from the truth.
Criminal charges and immigration consequences.
This article describes protection of Fundamental Right is Pakistan and the types of Writ Petitions.
This article looks at internet privacy and recent internet hacking crimes involving public figures. The author provides some safety tips and shows how easy it is for anyone's private information to be obtained by hackers.
When the U.S. government is trying to deport you, it is U.S. Immigration and Customs Enforcement (ICE), formerly known as Immigration and Naturalization Service (INS), that enforces the deportation law. Deportation is also known as “removal” from the United States.
Bullying in the school is one of the most harrowing experiences a child ever faces. As parents, we try to protect our children from these obstacles in life.
This article looks at the legally complex area of virtual property ownership in Greater China. It is the writer’s view that new laws need to be developed to recognize and cope with the virtual property, noting that some regions in Greater China have been willing to do this already.
Child abuse is more prevalent than we might care to admit. Often the shame and fear renders the victim feeling helpless. However, if you suspect a friend, family member, or yourself, may have been abused or suspect abuse, there are sources of help.
California’s drunken-driving laws are among the most stringent in the nation.
Following the financial scandals of recent years, more and more lawsuits are instituted against corporate directors; hence: a scarcity of candidates for these positions. Corporate directorship can be a fascinating and prestigious occupation, but it nonetheless remains a potential risk and may lead to important consequences.
A recent CBC (Canadian Broadcasting Corporation) news report declared: "Canadians could be subjected to the application of the American USA Patriot Act". Another CBC news report declared on May 16th 2006: "Canadians under American scrutiny".
Introduction
Nigeria has over the years witnessed a steady growth in corporate activity as a result of the various strategic economic restructuring programmes of the former Federal Government administration. The competition especially in the financial institutions has become so pulsating with various companies growing in leaps and bounds with skyrocketing profits in their financial statements. This Article seeks to examine the need for whistleblowing avenues in corporate Nigeria.
Prosecutors will tell you that criminal sexual assault and criminal sexual conduct does not occur in public. As a result, there are seldom witnesses and it is necessary to protect victims making allegations. However, is the nature of the offense truly a basis to permanently mar an innocent; defendant's record in a country where we have a strong presumption that the individual is innocent until proven guilty? Review this article on allegations of criminal sexual conduct.
Drug offenses come in many varieties with one common factor, the penalties for a conviction are severe and may result in lengthy prison sentences and fines. An aggressive defense is necessary. Review this article related to drug charges and their defense.
False allegations of assault occur regularly and a conviction may result in serious penalties including collateral consequences that may not be readily apparent. Review this article on assault and its defense.
Can you be compelled to provide a sample of blood breath or urine for testing or rbe charged with a crime for a refusal? Why are the DWI laws allowed to skirt constitutional protections against unreasonable search and seizure by requiring a warrantless search? Review this article to see how the laws have come under attack.
In 2008, challenges to the DWI laws are louting. Now more than ever, there a re viable defenses to basic substance of DWI law. With regard to breath testing, increasingly, the Intoxilyzer 5000 and it s source code have come under attack. Review this article regarding that defense.
The legality or the otherwise of the etsu nupe’s directives on alhaji bello-masaba’s celebrated matrimony.
The Wall Street Journal reported today on the Department of Justice’s plans to revamp the methods they will use in prosecuting individuals at firms that are suspected of white-collar crimes.
This article provides a detailed summary of those issues relating to offences, legislation, legal aspects and jurisdiction in cyber crime cases in South Africa.
Other than violating certain testimonial and constitutional privileges, the federal grand jury can pretty much do what it wants. Here you will find 10 tips you must know about the federal grand jury.
I have been representing clients in white-collar and other federal criminal appeals for nearly 20 years, and it never ceases to amaze me how many people, laypersons and attorneys alike, are often mystified by this strange process. Why are federal criminal appeals so difficult to understand?
Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood?
Just what is a proffer and what are the perils of entering into a proffer agreement (also known as a proffer letter) with the federal government?
Even though a criminal conviction can have grave consequences on one’s immigration status, neither criminal defense attorneys, nor judges, have a legal obligation to advise a criminal defendant of the immigration consequences of a plea agreement or conviction. This is because immigration consequences are collateral consequences to the criminal case, rather than direct.
RICO stands for "Racketeer Influenced and Corrupt Organizations." It is a law that is "designed to attack organized criminal activity and preserve marketplace integrity by investigating, controlling, and prosecuting persons who participate or conspire to participate in racketeering." Black's Law Dictionary 1286 (8th ed.).
Used by the United States since 1795, extradition treaties remain the most common tool among nations for the surrender of individuals accused or convicted of criminal activity who are no longer found within the requesting country.
Making false statements is a very serious crime. It is defined as "an untrue statement knowingly made with the intent to mislead."
Most adults have driver’s licenses, and most adults get through life with their driver’s licenses intact. However, in the State of Illinois at any given moment more than 500,000 individuals have had their privileges to drive either suspended or revoked.
The Supreme Court recently recognized and established the jurisdiction of the Cypriot courts to issue discovery and disclosure orders - known as Norwich Pharmacal and Bankers Trust orders.
The following information is designed to help individuals facing credit card fraud prosecution.
Since 1994 when I became an Assistant State’s Attorney for Cook County, I have been involved with persons charged by the State with violating the law.
The North American Free Trade Agreement (NAFTA) makes it relatively easy for Americans to enter Canada as business visitors or to obtain work permits as intra-company transferees or NAFTA Professionals. One thing that NAFTA does not make easier is criminal inadmissibility.
Time was when court transcripts took weeks to deliver and those involved in legal proceedings had to rely on note taking to capture day-to-day courtroom action. Now judges, attorneys, jurors and litigants are driving demand for reliable court testimony and deposition records -- right at their finger tips, right before their eyes and right away.
It is a common myth that individuals with a single criminal conviction are automatically inadmissible to the United States and require a waiver. In many such cases, a waiver is not required thanks to the "petty offense exception" found in section 212 of the U.S. Immigration and Nationality Act. This article illustrates the exception and sets out strategies for claiming it when entering the United States.
Since its enactment in 1872, mail fraud has been a prominently charged federal offense. The statutes ease of application, flexibility, and breadth make it usable in virtually every variation of fraudulent activity. The essence of the mail fraud statute is an intentionally deceptive scheme or plan done in connection with the use of the U.S. mail or any private commercial carrier.
