Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
August 28, 2015 By HG.org
Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.
August 28, 2015 By HG.org
Courts sometimes order restitution in order to provide victims of crimes with compensation. Although state law may vary, generally restitution does not have a statute of limitations.
August 24, 2015 By HG.org
Question: What can I do if someone kicked in my door, stole my property, took over and the sheriff did not help me?
August 24, 2015 By HG.org
Question: My father was arrested for a money laundering case. I learned this through his colleagues. It has been about 21 days and we do not know where he is. What can we do?
August 20, 2015 By HG.org
When a person is being charged with the commission of a federal crime, he or she usually goes through a federal arraignment process. There are specific guidelines regarding the individual’s rights and the procedures that the court must follow.
August 18, 2015 By HG.org
Federal restitution may be ordered after a person has committed a crime and the court wishes to compensate the victim for this crime. Based on current law, federal restitution orders not expire until they have been repaid in full. Generally, federal restitution cannot be discharged with bankruptcy.
August 18, 2015 By HG.org
Question: Child Protective Services took my kids away, but their father got them back. When I was arrested, the media came over to my house to get the story. Now the Arizona Police Department has a case against me in court. I was appointed a public defender. Yesterday, I met with her and she told me that I have two options: I can go to trial or plead guilty. She advised me to plead guilty.
August 18, 2015 By Law Offices of John Howley, Esq.
A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.
August 15, 2015 By HG.org
When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. The risks of being found guilty by a judge or jury are substantial, causing some innocent people to plead guilty in order to avoid them. A criminal defense lawyer can discuss the pros and cons of each option, but it is ultimately up to the criminal defendant to make this critical decision.
Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals
August 11, 2015 By The Kilfin Law Firm, PC
This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.
August 11, 2015 By Goldbach Law Group
Financial or white collar crimes typically involve some form of deceit, maneuver or the abuse of a position of trust. It involve activities that defraud people of their money which affect private individuals, companies, organizations and nations.
August 9, 2015 By HG.org
This is a list of emails and phone numbers from scammers.
August 8, 2015 By HG.org
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.
August 6, 2015 By HG.org
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.
August 5, 2015 By Law Office of Jill R. Cohen
Manslaughter, albeit a lesser crime than murder, is a criminal offense; whereas a true self-defense killing is not a crime.
August 1, 2015 By HG.org
Hg.org offers a free lead service to the lawyers and law firms listed on its directories. Sometimes we receive emails from scammers such as the "Alice Swang" email below.
August 17, 2015 By Cosley Law Office
With many states jumping on the marijuana legalizationn bandwagon, whether it be for medical or recreational use, “legalization” and “decriminalization” are two words often used interchangeably, although they have different meanings under the eyes of the law.
July 27, 2015 By Dan Carman, Attorney at Law, PLLC
Just like you wouldn’t visit a podiatrist to treat an ear infection, you shouldn’t go to a tax attorney if you want to sue the driver who rear-ended your car. There are many areas of law and a lot of different types of lawyers who deal with them. When your freedom is on the line, it’s important to seek the correct representation.
July 23, 2015 By HG.org
Hot checks cost the local and national economy millions of dollars in lost funds that were due for goods and services from individuals and businesses. In response to this epidemic, states across the country have enacted strict hot check laws that are meant to punish the individual who writes worthless checks.
July 16, 2015 By Law Office of Steven Haney
Anyone arrested for a drug case is always concerned about possible consequences and how the case may be defended.
July 15, 2015 By Law Offices of Michele Finizio
Following the shooting of a civilian by a police officer and the subsequent riots in Ferguson, Missouri last year, many police departments are instituting the use of body cameras by patrol officers across the United States.
July 15, 2015 By Law Office of Steven Haney
“Aggravated speeding” is a relatively new criminal offense in Illinois. It is classified as a class B misdemeanor if the speed is between 26 – 35 mph in excess of the posted speed limit and classified as a class A misdemeanor if the speed exceeds 35 mph over the posted limit.
July 15, 2015 By Law Office of Steven Haney
Which criminal offenses require registration as a sex offender?
August 15, 2015 By The Sessions Law Firm, LLC
Limiting the admissibility of personal vouching by law enforcement during criminal interviews and case law that supports such limits is discussed is discussed in this article. Vouching by law enforcement as to their abilities is not uncommon, and it must be guarded against.
July 13, 2015 By Law Office of Jill R. Cohen
With the Presidential election just around the corner, candidates find themselves having to address the current problems in our nation’s criminal justice system.
July 13, 2015 By Agre & Jensen
Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected.
July 13, 2015 By HG.org
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.
July 9, 2015 By HG.org
DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.
July 12, 2015 By Karydas, Fouskarinis & Associates
The prohibition of tax deductibility of bribes and the risk of claiming these payments as "expenses" in order to get a tax return under the Greek law.
July 1, 2015 By Law Office of Jill R. Cohen
According to the United States Constitution, every American citizen has the right to be protected against unreasonable searches and seizures.
July 1, 2015 By HG.org
Accomplice liability arises when a person helps another commit a crime with the intent of providing such assistance.
June 26, 2015 By The Kilfin Law Firm, PC
In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.
June 24, 2015 By HG.org
Most of us have fallen for it at one time or another. A website offers a “free” or reduced fee trial for its services, but asks for a credit card upfront. It tells you that your membership will automatically renew if you do not cancel before the end of your free trial. You use the service, but do not want to pay for it, so you try to cancel and get charged anyway.
June 24, 2015 By HG.org
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the crime.
June 24, 2015 By Aitken Robertson, Professional Corporation
Are you an American citizen who has been charged, tried, and convicted of a DUI? Do you have interests in travelling outside of the USA to your northern neighbor: Canada? Find out whether or not you can Enter Canada if you have been convicted of a DUI.
June 23, 2015 By Sicoli Law, Ltd.
Arson cases can either be charged in federal or state court. In Minnesota, the most common arson charge is arson in the first degree, which charges that the person intentionally set fire to his home or other dwelling, usually for the insurance money or some other financial reason. This is a serious charge that, if convicted, will likely result in at least a 4-year prison sentence. If you or a family member is facing charges of arson, you need an attorney experienced in handling arson cases.
June 18, 2015 By Blackford & Flohr, LLC
On June 5, 2011, there was a case of a transgendered female who was out for a night on the town when she and some of friends were harassed by a group of young men. It started out with harsh words and eventually descended into violence. When she walked away, she was assaulted by one of the men, and she took a pair of scissors from her purse. She stabbed the assaulter, leading to his death.
June 14, 2015 By HG.org
Marital rape is nonconsensual sex between two spouses. Marital rape is believed to occur in significant numbers but is underreported. However, this sexual crime may be treated differently than other sexual crimes, depending on the law of the jurisdiction where the charge is filed.
June 14, 2015 By The Law Office of Purav Bhatt
Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.
June 15, 2015 By The Law Office of Purav Bhatt
When a crime is allegedly committed using the internet the first question is always, “Where should this case be handled?” Should it be in the state where the offender committed the offense? Should it be where the victim lives? Should it be somewhere else like in federal court?
June 14, 2015 By The Law Office of Purav Bhatt
Once you are arrested what you say and do in the presence of the police becomes that much more important to protecting your freedom. Because your freedom is at stake, what you say and do can mean the difference between guilty and not guilty.
June 11, 2015 By The Law Office of Purav Bhatt
I always advise my clients not to speak with the police or any law enforcement authority without an attorney present. This is common sense to an experienced criminal defense attorney but to the citizen who has never had contact with the police, the desire to explain his or her side of the story and defend themselves is a natural instinct.
June 11, 2015 By Grungo Colarulo
As young adults, teens are under a great deal of pressure to make decisions that can impact their future.
June 11, 2015 By Law Office of Jill R. Cohen
On March 23, 2015, the United States Supreme Court decided to once again consider arguments in a case concerning life sentences for juvenile offenders.
June 11, 2015 By Law Offices of Michele Finizio
New Jersey was a leader in the fight to decriminalize marijuana in 2010 by being one of the first states to make it legal for treatment centers to dispense the drug for medicinal purposes.
June 10, 2015 By Sicoli Law, Ltd.
Sex crime allegations are some of the most serious criminal charges a person can be accused of committing either in state or federal court. In addition to serious jail or prison sentences, a person convicted of sex crime allegations may be required to register as a sex offender for a minimum of 10 years, and possibly for life. Sex crime allegations can negatively affect numerous areas of your life, including your professional and personal life.
June 9, 2015 By HG.org
Attorneys frequently receive questions regarding defective used cars. All too often, people purchase a used vehicle with verbal assurances that everything works fine and that it will be quite reliable, only to discover that neither is the case. What can you do when this happens to you?
June 9, 2015 By The Kilfin Law Firm, PC
Criminal Mischief is, for all intents and purposes, "vandalism". In Florida, this property crime may be prosecuted as either a misdemeanor or a felony, depending on the extent of damage, the nature of the property involved, and whether the accused person has prior convictions for the same offense.
June 3, 2015 By Cosley Law Office
We’ve all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives.
European Parliament Approves ‘International Standards of Combatting Money Laundering and the Financing of Terrorism and Proliferation’
On the 20th of May 2015, two years after the European Commission first proposed the 4th AML Directive, the European Parliament approved the final text of the 4th AML Directive intended to address the threat of money laundering in 2015 and beyond.
If you are arrested for a DWI it is public record. Anybody can go to the court clerk’s office and request a copy of a person’s court records. It does not matter if the arrest resulted in a final conviction. In order to stop the public from having access to these records,the record of a DWI arrest must be expunged or “erased.”
A DWI conviction is one of the most expensive offenses that a person can be charged with. One of the things that makes it so expensive is the fact that the Texas Department of Public Safety (DPS) assesses a three year penalty called a surcharge for every individual convicted an offense that stems from operating a motor vehicle while intoxicated.
When you are convicted of a DWI one of the things that is restricted is your ability to drive on a valid driver’s license. This can create a big hardship because you need a driver’s license to do a lot of things like get back and forth to work, complete court ordered requirements if you are on probation, to take your kids to school, and to get groceries just to name a few things.
If you and your attorney have analyzed your case and determined that it is not one that is suitable for pleading not guilty and going to trial then you must next start thinking about punishment options. The two main options are jail vs. probation. Let’s face it nobody wants to go to jail. But, sometimes it is more advantageous to go to jail for a DWI than it is to do probation. Each situation has to be analyzed. There are no one size fits all solutions.
Maybe. Whether or not you have to have an interlock device if you are convicted of a DWI, Interlock Device depends on whether you are a first time offender, repeat offender, or had a blood alcohol concentration of .15 or above.
If a person is convicted of a DWI they are “required” to take a DWI education program.
Does a police officer have to have a person’s consent to draw their DWI Blood Test Without Consent if they are being arrested for DWI.
You just got your blood test results from your DWI arrest. You were expecting to see a number below the legal limit of .08. But, the number you see is more than twice the legal limit.
All states throughout the country have their own specific gun control laws that coincide with a set of penalties.
DUI accidents are the most preventable type of car accidents; however statistics for DUI accidents remains shocking.
The gap between the richest and poorest people in the United States is bigger than in any other country in the world. As a result, homelessness has become a serious and widespread problem in America. But, how has society come to deal with this issue? Are there any special laws regarding homeless people?
In addition to the testimony of the arresting officer’s observations, the prosecution may introduce evidence during a DUI trial regarding test results that implicate the defendant. However, a number of test results may be challenged during the course of the defense.
The Internet has brought many benefits to modern civilization. Unfortunately, just as with any technology, it also has a dark side. So, when a website publishes embarrassing content about you, what can you do?
Riots have erupted all over the United States in recent years, often in the wake of racial tensions created by police activities. Often beginning as peaceful protests, these demonstrations sometimes degenerate into violent riots where people and property suffer harm, leaving innocent people to pick up the pieces. This has led many to ask who should pay for the damage after a riot?
Consequences for DUI convictions, especially subsequent convictions, can be quite serious, resulting in a loss of freedom, hefty fines, loss of driving privileges and social and professional consequences. A DUI defense lawyer can discuss whether any of the following defenses may apply in your case to help you get your charges reduced or even your case dismissed completely.
The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. So, how do you hire an attorney when you have no money?
Ketosis is where the body starts breaking down “fat” for energy, instead of the regular “glucose”. This happens when a person is on a “low-carbohydrate, high-protein diet” or if the body lacks insulin or is diabetic.
People injured in DUI cases often sustain life-changing injuries. Frequently, these injuries mean the victims will require expensive medical attention, either for a short period of time or for the rest of their lives. Of course, individual drunk drivers may not have the resources to fully compensate victims in these situations.
The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.
Too often women are charged and convicted of prostitution, when they could more accurately be described as victims of human trafficking.
Wrongful convictions can destroy lives. Being convicted of a crime one did not commit can land an innocent person in prison, saddle him or her with fines and legal fees, and destroy his or her career and relationships while the truly guilty party lives free.
If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.
The Indian government suspects millions of untaxed money from Indian High Net Worth Individuals in Switzerland. That’s why they made a lucrative offer to famous data thief Hervé Falciani.
Minor in possession. Open container violations. Driving under the influence. Minors are particularly susceptible to committing these alcohol-related crimes in peer-driven situations while still underage. Some parents have resigned to the fact that their children will drink regardless of their efforts, and will do everything they can to keep them safe—even if that means breaking the law themselves.
Children seem to grow up faster today than ever before. As a result, many teens feel the pressure to enter into sexual relationships with their peers at younger and younger ages. This has created an interesting dilemma in the law regarding whether one minor can be charged with statutory rape for having a sexual relationship with another minor.
For high school seniors and their parents, Spring can mean the excitement of learning which colleges and universities they have been offered admission to, and which new campus communities they may become a member of in the Fall.
Many find it surprising to know that violence has actually been on a steady decline for decades. Unfortunately, it does still happen. Often, altercations occur in a public location, such as a bar or club, a store, or a park or public street. When an attack occurs, what can you do to defend yourself and who is liable for any harm you suffer?
Having an eyewitness testify that he or she saw the suspect commit the crime or some act associated with the crime can be powerful evidence for a prosecutor. Realizing this, the United States Supreme Court and state courts across the country have established strict guidelines regarding police lineups.
A married couple have been convicted of benefit theft after it was revealed that they had used the overpayments to pay for their wedding abroad.
Black eyes, broken bones, missed days from school or work. For some, these may seem familiar. Whether they are occurring to you or someone you know, it is important to know that we can all help stop domestic violence.
There are few things that feel more violating than finding that someone has hacked into your phone or computer. When this happens, the first reaction may be to call the authorities and report the breach. But, many are surprised to find that police are not always terribly interested to hear about the event. So, what can you do if someone hacks your computer or phone?
In an increasingly surveillance-based society, it may seem that cameras are everywhere around us. If you look around, you may find cameras in unexpected places that you pass on a daily basis. But, how far can all of this surveillance go? Are there places that cameras are not allowed? Where is it legal to put surveillance cameras?
Many cities around the US deal with the problem of graffiti art everyday. Sometimes it may be a name, a threat, an image, a symbol, or a brilliant canvas of the graffiti artist's imagination. Whatever the case, it usually involves painting something on someone else's property. So, whose rights should win out? The artist's right to free speech or the property owner's right to the quiet use and enjoyment of their own property?
Most people are familiar with the concept of a criminal commitment (i.e. a prison or jail sentence). But not everyone has heard of the concept of an involuntary civil commitment. So, what is this, how does it fit into the American legal structure, and when is it used?
Sometimes, infatuation can turn into something more dangerous. A person may have such a strong connection in their mind to someone else, even if they have never met them in person, that they can being to act very irrationally. When that person crosses a line, he or she may become a stalker. So, what can one do about a stalker?
Wisconsin Marijuana Laws and Penalties for Possession, Paraphernalia, Growing and Intent to Deliver/Sell/Distribute
A recent study by the Vera Institute of Justice, in collaboration with the MacArthur Foundation, reports that there are over 3,000 jails in the United States.
Hearing that there is an eyewitness to a crime can cause a great degree of apprehension in a criminal case. However, there are several ways that a criminal defense lawyer can challenge such eyewitness testimony.
The procedure of adoption of a child from Ukraine is complicated, expensive and long. Ukrainian legislation makes the process of adoption transparent as much as possible, candidates must prove their welfare and reputation (in the broadest sense of these words) to exclude the possibility of adoption by dishonest and careless parents.
The following are the different laws regarding credit card crimes in Virginia.
Two of the most commonly prosecuted computer sex crimes laws in the US are child pornography sex crimes and solicitation of minor sex crimes. These two charges have different statutes that make this kind of activity criminal in VA, MD & in the Federal Courts.
Anyone who has watched an American crime show (and even some in other countries) probably have heard someone “read their rights.” But, what are these, why do police always say them, and how do they work?
It seems like every year another cult ends up in the media, having amassed weapons, engaged in child sex crimes, or after killing or abducting someone. This has led many to ask how cults remain legal in the United States.
The use of deadly force is an extremely sobering event. Despite dozens of expressions that joke about shooting somebody, choosing whether or not to actually use potentially lethal levels of violence against someone is no laughing matter. If you need to make this decision, it is important to understand when it is okay to take such action and when it is not.
Some of the most critical mistakes in a criminal case occur after a suspect is arrested. Here is a list of things to do and not to do if you find yourself in this predicament.
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.
We just received a phone call from a scammer informing us that we were entitled to $9,000 of Government Grants.
Know the real meaning of robbery as per law in Washington. Also, know the categories of robbery, and discover how it differs from burglary.