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.
Misdemeanor vs. Felony Offenses
February 9, 2012 By Superior Law Center
After an arrest and criminal accusations have been made it will be very important for you to understand the totality of the charges that have been made in your name. Depending on the circumstances of your case, you could be accused of a misdemeanor or a felony offense, and understanding what each of these means could help you determine how to legally proceed with your case.
Avoiding Tax Scams
February 9, 2012 By The Law Offices of James A. Miller
Tax scams involve trying to cheat individuals out of their money. But it can also involve cheating the government, too. While some of these scams can be very persuasive, it is possible to stay out of their cross-hairs, if you know what to be on the lookout for.
Despite the Recent Publicity, Children Continue to Remain Susceptible to Abuse from Clergy
February 8, 2012 By Rosenfeld Law Offices, LLC
Child abuse, especially sexual abuse, is a devastating event and can be difficult to discuss. This is especially true for clergy abuse because it involves the church and trusted priests. However, clergy abuse is a topic that needs to be discussed. The more light shed on the topic, the better people can understand the problem, take preventative measures, provide therapy to victims, and attempt to right wrongs.
Nursing Home Abuse: The Deaths of 13 Children Linked to Poor Care at Chicago Nursing Home
February 8, 2012 By Rosenfeld Law Offices, LLC
The Chicago Tribune ran one of the more disturbing investigative stories I've seen in a long-time when it chronicled the poor care given to disabled children living at Alden Village North located on Chicago's north-side. The Tribune used public records and government documents to uncover the names and details of care provided to children living with physical and mental handicaps, including: cerebral palsy and Downs syndrome.
Understanding the Regulations Pertaining to Day Care Facilities is Crucial to Protecting Your Child
February 8, 2012 By Rosenfeld Law Offices, LLC
Day Care Centers are facilities that provide child care for less than 24 hours/day for over eight children if it is a family home or over three children in a non-home facility. In Illinois, these Centers are regulated by the Part 407 (Licensing Standards for Day Care Centers) of the Illinois Administrative Code. DCFS inspects and licensees these facilities (license valid for three years).
License Suspended at DMV DUI Hearing Despite Improper Calibration of Breath Test Device
February 7, 2012 By Greg Hill & Associates
Whenever a client of our office is alleged to be driving while under the influence, we are keen to verify if the breath or blood test is accurate. If the blood alcohol content is calculated by a breath test, for example, it is fundamental that the breath test machine is properly calibrated.
Facing Serious Charges? You Need an Arlington Criminal Defense Attorney at Your Side
February 6, 2012 By Clardy Tuomey
Maybe you think this is a nightmare, but suddenly, you're facing criminal charges. It could be a surprise, or you could have known it was coming because you have been under investigation for some time. Either way, you need the services of an Arlington criminal defense attorney right away.
Facing Serious DUI Charges for the Second or Third Time? Contact an Indiana DUI Attorney Right Away
February 6, 2012 By Stark Law Offices, P.C.
Driving under the influence is very dangerous, indeed, and drunk driving laws have made this a very serious offense for the past several decades. Unfortunately, if you have a habit of driving when you've had a little bit too much to drink – or even enough simply to register that you have had something to drink – you may be facing serious DUI charges for the second or third time.
Defining Identity Theft
February 6, 2012 By Law Office of Lance R. Fryrear
Identity theft is a serious crime that is not punished lightly. A person convicted of identity theft can face thousands of dollars in fines and years in a state prison. With modern technology, identity theft has become easier to commit by the minute.
Second Probation Violation Hearing Improper after First Hearing Ended
February 6, 2012 By Greg Hill & Associates
A common situation our clients on probation face is being arrested for a new offense. They often remark that they are just unlucky. The client then faces not only a new criminal case, but a probation violation case that could land the client in jail or prison for significant time. This is especially so because the burden of proof is lower for a probation violation.
About the Controlled Substances Act
February 6, 2012 By Law Offices of Virginia L. Landry
The Controlled Substances Act was passed in 1970 by Congress to help enrich the United States federal drug policy. As part of this act, different drugs are classified and placed into schedules – these schedules are then used to help determine regulations for possession, manufacture, importation and distribution.
White Collar Crime Offenses: What You Need to Know
February 6, 2012 By Goldman & Associates
Coined in 1939, the term white collar crime is now used to describe illegal behaviors of a non-violent nature. Often, these are actions which are spurred by financial motivations with the intention of monetary gain. However, these are offenses which are widely categorized, and not always easy to definitively pinpoint on any one individual or business entity.
How Does a DUI in PA Affect You?
February 6, 2012 By The Martin Law Firm, P.C.
A Pennsylvania DUI conviction can have a serious impact on your personal and professional life. A PA DUI can result in significant DUI penalties, including fines, driver's license suspension and jail. Due to the severity of the consequences of a DUI conviction, if you have been charged with DUI or a DUI-related offense in Montgomery County, PA, you should seek the assistance of an experienced Montgomery County, PA DUI lawyer as soon as possible.
Stalking: One of the Most Common Criminal Accusations in Las Vegas
February 6, 2012 By Brown Law Offices
Stalking charges tend to be common in Las Vegas, a city full of all-night parties and heightened senses. A person may be accused of stalking if they make another person fear for their safety, regardless of whether it is intentional or unintentional. Studies show that as many as 1 in 30 women will be victims of stalking at some point in their life, and those accused of stalking will face serious penalties.
Court-Martials
February 3, 2012 By Federal Practice Group
What exactly is a court-martial? Is there any difference between a civilian trial and a military criminal trial? Members of the military who are facing criminal charges need to be aware of the details of their situation so that they can have the best possible chance of defending themselves. When a member of the Armed Forces is accused of a crime, they may have to be to tried in a court-martial, a trial which is led by the U.S. military.
What to Look for When Hiring a Private Investigator
February 3, 2012 By Security Specialists LLC - Off Duty Police Officers & Investigations
Ever wonder what you should look for, when you need to hire a private investigator? If you have ever done an internet search for a private investigator, you have no doubt seen hundreds of PI's and investigation agencies appear on your screen. How do you know who to use? Well, start by calling around a bit.
Immigration Consequences of a Conviction for DUI
February 3, 2012 By Greg Hill & Associates
Our clients who are not United States citizens often nervously ask “will a conviction for DUI cause me to be deported?” They also sometimes ask, “if I leave the United States and try to return to the U.S. after the conviction, will I be turned away?” The usual answer we give is, “well, generally speaking, no.”
What Legal Rights are Granted the Family Someone Killed by a Drunk Driver?
February 3, 2012 By Clore Law Group LLC
When a person is killed by the careless or reckless actions of another party, they are provide legal recourse in accordance to the state's wrongful death laws. While they vary from state to state, they typically provide for medical expense, funeral expenses, loss of income, loss of companionship, pain and suffering and sometimes "punitive damages." If your loved one was killed by a drunk driving, you need to advice of an experienced attorney.
Determining Excessive Force When Police Actions Cause Personal Injury
February 3, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.
Judge May Prohibit Medical Marijuana Use as Term of Probation.
February 2, 2012 By Greg Hill & Associates
Steven Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code § 11358), possession of marijuana for sale (a violation of California Health & Safety Code § 11359), and transportation of less than 28.5 grams of marijuana (a violation of California Health & Safety Code § 11360).
BAC: Breath and Blood Tests
February 1, 2012 By Greco & Associates, Attorneys at Law
Chemical testing plays a major role in the arrest and conviction of DWI cases. However, what many people do not realize is that they have rights concerning these tests and that the evidence can be disputed. If you or a family member were arrested for driving while intoxicated, you may be facing serious penalties. One of the difficulties surrounding these cases is how law enforcement officer test the driver’s blood alcohol concentration.
What is a Preliminary Hearing?
February 1, 2012 By Greg Hill & Associates
In every felony case, a preliminary hearing is required. The hearing’s purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.
Texas Charges for Aggravated Sexual Assault
February 1, 2012 By Ned Barnett Law Office
The state of Texas is especially ruthless when it comes to sex-related crimes committed against minors. This is especially true to charges of aggravated sexual assault against a child per §22.021 of the Penal Code. While sex-related crimes are always taken seriously, these are viewed as especially heinous by law enforcement and prosecutors when the victim is under the legal age of consent. Under Chapter 22 of Assaultive Offenses, §22.021, the crime of aggravated sexual assault is addressed.
Drug Crimes: An Overview
January 31, 2012 By Greco & Associates, PC
Accused of a drug crime? To avoid a misdemeanor or felony conviction, choose the right criminal defense attorney to defend you. If you or a loved one have been accused of any type of drug crime, it is imperative that you contact a criminal defense attorney for legal aid as soon as possible As drug crimes are on the rise throughout the country, local and state authorities as well as government agencies like the Drug Enforcement Administration are stepping up their fight against this offense.
A Reminder about Drunk Driving and the Super Bowl for PA Drivers
January 31, 2012 By The Martin Law Firm, P.C.
Tips to avoid a drunk driving arrest (DUI) in Pennsylvania this Super Bowl Sunday from Montgomery County, PA DUI attorney Jason Martin. The Super Bowl is America’s most popular national sporting event. This year, millions of people across the country will gather with friends and family to socialize and watch the game. Unfortunately, Super Bowl Sunday is also one of Pennsylvania’s most dangerous days on the road as a result of drunk driving.
Sentence Set Aside When Federal Judge Makes Mistake
January 30, 2012 By Greg Hill & Associates
Chino prison guard Robert McGowan was sentenced to four years and three months in prison for violations of federal laws prohibiting a prison guard from depriving an inmate of his constitutional right to be free of cruel and unusual punishment. The conduct at issue was a 2007 incident where McGowan allegedly pushed two hand-cuffed and shackled prisoners out of a truck, causing them to suffer bruises and cuts.
Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?
January 27, 2012 By Greg Hill & Associates
Our office frequently receives calls about someone who was arrested, but never told to go to court. In releasing the person, police may have advised the person that a notice would be mailed telling them of a court date, but the notice never arrived. Other times, there is an incident and the person is not even arrested.
Ignition Interlock Device: About the Device
January 26, 2012 By Takakjian, Sowers & Sitkoff, LLP
For many people who have been criminally charged with drunk driving, they will be facing penalties that include the ignition interlock device (IID). However, there is considerable confusion about this device. We at Takakjian & Sitkoff are here to help clear up any questions one might have. The ignition interlock device is a mechanism that was put into effect by almost all 50 states in 2009 as a sentencing alternative for drunken drivers.
Police Use of GPS on Drug Dealer’s Car Without a Warrant Held Improper; Evidence From it Thrown Out
January 25, 2012 By Greg Hill & Associates
On Monday, January 23, 2012, the U.S. Supreme Court unanimously ruled that evidence gathered by police using a GPS fastened to a drug dealer’s car without a warrant was improperly obtained. With Justice Antonia Scalia writing the majority opinion, the Court ruled that the act of attaching the GPS was a warrantless property invasion, so the evidence derived from it showing defendant’s whereabouts for twenty-eight straight days was inadmissible.
Videos in the Courtroom: The Use of Emotional Video Montages on the Rise in Criminal Cases…But are they Fair?
January 25, 2012 By Collins, McDonald & Gann, P.C.
As reported in a recent Newsday story, the use of a video photo montage (an emotional video providing a glimpse into the life of a deceased victim) is becoming more common in criminal courtrooms across the country, including criminal courts here on Long Island.
Bail
January 25, 2012 By Caramanna, Friedberg LLP
When a person gets arrested and charged with a criminal offense he has to be either released or held pending the court dealing with the charges. Most people are released pending the outcome of their case. There are many forms of release including a promise to appear, an undertaking, recognizance (with or without deposits), etc. For the purpose of this discussion, all releases will commonly be referred to as a "bail".
Some Basic Issues when Looking for and Dealing with a Criminal Lawyer
January 25, 2012 By Caramanna, Friedberg LLP
Sometimes you need to hire a criminal defense lawyer. Either you or someone close to you has a problem with the law. Most often this involves a person being charged with a criminal offense. If a person has a legal complication with some governmental agency or department the first order of business is to determine if you need legal help. Some problems are quite simple and can be managed without legal help; for example, a parking ticket.
What Constitutes an Arrest in Georgia
January 25, 2012 By Law Offices of Vernon H. Smith III
When can you consider yourself "under arrest"? - What is an arrest in Georgia? - It is important to know exactly what constitutes an arrest in Georgia. This is because a search of someone who is not under arrest is much more limited than a search of a person under arrest. In fact, a lot of rights that we are familiar with under the law do not apply unless there is a valid arrest first.
Georgia Speedy Trial
January 25, 2012 By Law Offices of Vernon H. Smith III
Is a Georgia Speedy Trial Demand the right avenue for your case? - Georgia's Speedy Trial Demand - The justice system in Georgia can move quite slowly. If you know anyone that has been involved in a criminal proceeding, you are probably aware that the process can drag on for what seems like forever.
Funding Pulled from Group Home for Children Following Discovery of Abuse
January 24, 2012 By Rosenfeld Law Offices, LLC
For handicapped children, living in a group home environment with peers facing similar disabilities can be a real gift. Unlike other living arrangements where children can feel significantly out of place, group homes for disabled children and young-adults hopefully foster an environment of support and encouragement.
Drug Use among the Youth in America and the Need for Legal Representation
January 24, 2012 By Boston Criminal Defense Group
Drug use among high school and college age students is on the rise. Statistics show that marijuana and psychotherapeutic drugs used for non-medical purposes are the most commonly sold and distributed drugs among students. When a student is charged with a drug crime, they may experience discrimination and penalties from school authorities and police enforcement.
Retroactive Sex Offender Registration in Texas
January 24, 2012 By Simpson, Foster & Gold
Sex offender registration can be made retroactive in Texas. Many people are surprised to discover that they have been labeled as "sex offenders" when their attorney told them years ago that they would not have to worry about it. The reason for this is that Texas courts have ruled that sex offender registration is not a "punishment".
Can an Employer be Held Liable for Death Resulting from Employee’s Drunk Driving?
January 23, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Trinity Broadcasting Network (TBN), based in Orange County, California, is currently facing a civil lawsuit brought as a result of the actions of one of their employees. The employee, a pastor, was driving drunk in a company vehicle when he caused an accident resulting in the serious injuries that ultimately claimed the victim’s life. A lawyer explains how TBN may be held liable for its employee’s actions.
Drug Diversion Programs – Prop 36 Versus PC 1000
January 23, 2012 By Greg Hill & Associates
If you or a loved one face charges for possession of an illegal drug, a common response is, “prison will not solve the problem; treatment and education would be better.” Our legislature in Sacramento has recognized this, too, and has passed provisions that offer a drug offender a chance to “divert” from the criminal court system to drug rehabilitation programs in lieu of incarceration.
Charged as a Criminal? Miranda Rights Observed
January 20, 2012 By Falk & Ross, PA
If you are arrested by the police, you are entitled to certain rights and liberties, no matter what you are being charged with or accused of doing. The code that outlines criminal rights in Florida stipulates that certain and specific procedures must be followed by law enforcement agents when you are arrested or taken into custody. Among those, the Miranda rights feature prominently.
Coping with the Impact of a DUI
January 20, 2012 By Falk & Ross, PA
You probably already know that after a DUI in Florida, you need to contact a drunk driving defense attorney who has handled cases like yours before and can protect all of your rights under the law, but you may be at a loss as to how to explain to your friends, family members and co-workers that you have been arrested for a DUI.
Drugged Driving in the United States: New Threat to Motorists
January 19, 2012 By Mesriani Law Group
Driving under the influence (DUI) of alcohol has been a major contributing factor to the rise of personal injury claims in the State of California. Because of this adverse trend, hundreds of people get injured and worst get killed due to drunken driving. However, unfortunately, alcohol is not only the cause of impaired driving in the United States as drug-related DUIs are also on the rise.
Plea Bargaining by the Judge is Illegal – Not an Indicated Sentence
January 18, 2012 By Greg Hill & Associates
It is not uncommon for our clients to encounter a prosecutor who seems to stop plea bargaining, or plea bargain at all in the face of new information. The prosecutor may not seem to read the police report or, in the case of a DUI for example, to begin and end his or her analysis with only reading the blood alcohol content. The prosecutor may also seem to take a zealous personal interest in punishment of our client that seems inappropriate.
Conviction Reversed for District Attorney Withholding Evidence
January 17, 2012 By Greg Hill & Associates
On January 10, 2012, the United States Supreme Court reversed a murder conviction in Smith v. Cain (2012 DJDAR 296). The opinion held that a Louisiana district attorney violated his duty to produce material favorable to the defense and material to defendant’s guilty or punishment, as set out in Brady v. Maryland (1963) 373 U.S. 83.
Challenging the International Criminal Court (ICC) by Using Traditional Form of Justice in Africa
January 16, 2012 By Yav & Associates
This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.
Understanding the Juvenile Court System
January 13, 2012 By Ardalan & Associates
When it comes to matters of the law and the criminal courts that address these matters, the same set of standards do not exist for juvenile delinquents as for adult offenders. In fact, in most instances juvenile cases are tried in a completely separate court system than that of the adult courts.
Understanding Federal Crimes
January 12, 2012 By Robert M. Helfend Attorney At Law
A recent federal charge was made against Pepsi Beverages, claiming that the company was engaging in racial discrimination. Pepsi was found to be conducting background examinations on potential employees and using those examinations in their hiring process—an act which is against the law, unless the position requires a clear criminal history.
Why Is a “Wet Reckless” Better Than a DUI?
January 11, 2012 By Greg Hill & Associates
Anyone who has personally experienced being charged with DUI or has a friend or family member who has faced such charges in California may have heard about a “wet reckless.” The advantages and disadvantages of a plea to a “wet” often misunderstood. The term “wet reckless” refers to a plea bargained charge of violating California Vehicle Code § 23103 pursuant to § 23103.5.
Arrested? Know Your Rights
January 10, 2012 By The Law Office of Michael Mirer, P.A.
If you were arrested for a crime, the law requires that your rights are upheld throughout the entire process. When these rights are violated, it could affect the outcome of your case. Being arrested for a crime is a frightening and confusing experience. Whether you were falsely accused or know you made a mistake, it is important that you are aware of your rights. From your interaction with the police to the trial to a conviction, there are laws in place to help you every step of the way.
Understanding Field Sobriety Tests
January 10, 2012 By The Law Office of Judy Kim P.C.
Law enforcement officers that suspect a person of driving under the influence can perform a number of different standardized and non-standardized tests in order to help them discern a driver’s true level of impairment. However, these tests do not always yield accurate results. Understanding field sobriety tests and what they could mean for your future will play a crucial part in your trial and your post-arrest days.
Misdemeanor vs. Felony: What You Need to Know When Facing Charges
January 9, 2012 By The Law Office of Judy Kim P.C.
Being arrested and charged of a criminal offense will likely result in harsh penalties for those who are formally found guilty. The nature of the crime for which you are charged will greatly influence the way in which you are persecuted and sentenced. As such, understanding the difference between a misdemeanor and a felony will help you better prepare for the allegations you’re up against after any type of arrest.
Florida Mandatory Reporting Laws
January 9, 2012 By Florida Sex Crimes Attorneys
The scandal at Penn State, which revealed that people required to report child molestation only had to report it to their superiors and not the police, has many people asking: What is a mandatory reporter? What do mandatory reporters have to do? A Florida rape attorney can explain. Of course, it is everyone’s duty to report abuse if they witness it.
Is Expungement Worth It?
January 8, 2012 By Greg Hill & Associates
In today’s economic hard times, our firm receives numerous inquiries about clearing one’s criminal record. The concern expressed is almost always that a prospective employer may reject a job applicant who has a criminal record, or pass over an existing employee for a promotion or pay raise on the same basis.
What You Should Know about Major Thefts
January 6, 2012 By Hager & Schwartz, P.A.
Although statistics show that theft crimes are decreasing across the board, there is still a concern regarding major thefts. The Federal Bureau of Investigation is committed to stopping instances of art theft, gem theft, organized retail theft, and more. Accusations of major theft are sobering, not only because of the penalties, but because of the manpower and resources that the investigating agencies possess.
Why You Should Fight Your Child’s Juvenile Charges
January 5, 2012 By Law Office of William K. Bulmer II
Juveniles are vulnerable when it comes to succumbing to peer pressure and committing juvenile crimes. After an arrest, it is crucial for their parent to hire an attorney in order to avoid serious criminal penalties for their child. Adolescent boys and girls are in a unique position when it comes to crime because they are normally seeking acceptance from their friends. Unlike adults, young teenagers are inclined to commit crimes out of fear of rejection from their peers.
Georgia Drug Possession Laws
January 5, 2012 By Fox Firm, P.C.
Georgia drug possession laws are exceptionally harsh and can land you in prison if you don’t have a good attorney. If you are facing drug charges, an experienced lawyer can make all the difference in the outcome of your case. Much like its neighbor Florida, the state of Georgia has little tolerance for drug possession.
Obtaining a 212(h) Waiver for the Immediate Relative of a United States Citizen or Permanent Resident
January 5, 2012 By The Mulder Law Office, P.A.
This article summarizes the requirements for obtaining a 212(h) waiver when necessary because an immediate relative has been found inadmissible or deportable as a result of a criminal conviction. You have been invited to visit a friend. The invitation is to stay in their home for six months. You won’t be allowed to work while you are there and you will have to pay for your own trip and your support. You accept the invitation.
Do the Victims of Cyber Scams Have Legal Recourse?
January 4, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Recently, the Federal Bureau of Investigation issued warnings concerning a new computer-related crime when three California residents suffered personally injurious consequences after falling for the scams, explains a lawyer in the state. Unfortunately, despite law enforcement's best efforts to help these victims, the law currently doesn't provide an effective way of dealing with cyber crimes, and the victims may have little recourse.
Internet Crimes: Definition and Penalties
January 4, 2012 By The Miller Law Firm, P.A.
Internet crimes are a growing problem throughout the U.S. Ranging from fraud to child pornography, the types of crimes as well as their consequences vary depending on the seriousness of the offense. An internet crime, or cybercrime, refers to any illegal practice that involves the use of a computer or network, or targets a computer or network.
Prevalence of Identity Theft on Social Networking Sites
January 3, 2012 By Mesriani Law Group
The massive availability of the Internet has helped a lot of Americans, even those people who are benefiting from Social Security disability benefits. However, despite the advantages of the online technology, there are also some adverse effects it can provide. One of the most daunting disadvantages of the Internet is fraud.
If You Receive Miranda Warnings, Your Talking and Subsequent Silence Can Be Used Against You
January 3, 2012 By Greg Hill & Associates
Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided to you at government expense.
Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment
January 2, 2012 By Greg Hill & Associates
Kelvin Harrison was convicted in San Bernardino County of battery with serious bodily injury. He was sentenced to prison for two years. When the crime occurred in 2008 both he and the victim were homeless. Harrison attacked another man with a steel pipe because he found a bag of grapes left by the victim where he normally slept. The grapes were allegedly filled with blood, which Harrison interpreted as an omen that the victim intended to harm him. Harrison then attacked the victim with the pipe.
Ten New Laws to Know for 2012
January 2, 2012 By Greg Hill & Associates
It is January 1, 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed. There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.
If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions
December 30, 2011 By Greg Hill & Associates
Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent.
Restitution Order Can Apply to One Who Receives Stolen Property, but Does Not Participate in Burglary
December 27, 2011 By Greg Hill & Associates
It is a common misperception that if one receives stolen property, such as a credit card, one can use it without incurring criminal liability if he or she has a good faith belief that the credit card was a gift. After all, the recipient of the card did not steal it from anyone. This is not always so, as the recent decision in People v. Holmberg from Northern California shows (People v. Jon Holmberg (2011 DJDAR 7665).
Judge Makes Mistake in Allowing Letting Jury Hear Drug Cartel Evidence
December 23, 2011 By Greg Hill & Associates
Feliciano Covarrubias was arrested at about 3:00 a.m. on May 6, 2010 at the San Ysidro Port of Entry coming from Mexico to California with 193 pounds of marijuana hidden in his Ford F250. A dog specially designed to detect narcotics smelled the marijuana.
Insufficient Affidavit for Warrant Does Not Mean Search is Always Invalid
December 20, 2011 By Greg Hill & Associates
The search of a home is always a hot issue, especially when the search uncovers items that could lead to years in prison. The Fourth Amendment, made applicable to each state, provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.”
Drug Possession: No Big Deal?
December 20, 2011 By Martinian & Associates, Inc.
While many may think that possession of illegal drugs is a small crime, the penalties you could incur if convicted suggest otherwise. A conviction of possession and possession with intent could drastically change your future.
Consenting to One Vehicle Search Can Mean Consenting to Multiple Searches
December 20, 2011 By Greg Hill & Associates
The general rule concerning any search without a warrant is that the search is presumed illegal. It is a liberty invasion. Once a defendant shows that the search was conducted without a warrant, the burden shifts to the prosecution to show an exception to the general rule applies.
Court Violates Murder Defendant’s Right to Cross-Examine Expert by Admitting Opinion
December 16, 2011 By Greg Hill & Associates
The Sixth Amendment to the U.S. Constitution, made applicable to each of the states through the Fourteenth Amendment, contains what is commonly known as the “Confrontation Clause.”
What is an Arraignment?
December 16, 2011 By Greg Hill & Associates
An arraignment is a criminal proceeding where the defendant is called before a court, informed of the charges, and asked to enter a plea.
Choosing an Indiana Criminal Defense Lawyer
December 15, 2011 By Stark Law Offices, P.C.
When accused of or arrested on criminal charges, you may believe that you can either represent yourself, or choose the first lawyer you come to in the phone book - or maybe one you have seen on television. Any reputable Indiana criminal defense lawyer knows that the attorney you choose to represent you can make all of the difference in whether you face severe penalties and prison time.
How a Kansas City DUI Lawyer Defends Clients Arrested for DUI
December 15, 2011 By The Sandage Law Firm, P.C.
When you are arrested for driving under the influence, you may believe your only option is to face the charges against you, particularly if you are guilty. A talented Kansas City DUI lawyer knows that there are often extenuating circumstances, and that you are innocent until proven guilty beyond a reasonable doubt. When you are facing a possible conviction for driving under the influence, it is imperative that you seek legal guidance and representation from a capable Kansas City DUI attorney.
Kansas City White Collar Crimes, and the Advantages of Having a Skilled Lawyer
December 15, 2011 By The Sandage Law Firm, P.C.
Do you really need a Kansas City white collar crimes lawyer when you have been arrested for or suspect you are being investigated for a crime? Absolutely, unless you would simply rather face the rest of your life with a criminal record, possibly serve time in prison and pay hefty fines.
Why Hiring a Kansas City DWI Lawyer with Experience is Essential to a Favorable Outcome
December 15, 2011 By The Sandage Law Firm, P.C.
When you have been arrested for driving while intoxicated, you may choose not to hire a Kansas City DWI lawyer, or you may make the decision to simply "pick" one out of the phone directory. This decision would likely be one you would regret making when all is said and done. If you have been charged with DWI, it is crucial that you choose an attorney who is skilled, experienced and aggressive when it comes to handling these types of cases.
Kansas City DUI Lawyers are Experts in Helping You Defend Yourself against False DUI Charges
December 15, 2011 By The O'Connor Law Firm
Have you been unfairly charged with a DUI? It can happen to anyone. Although it's certainly true that stricter laws against drunk driving mean safer roads for everyone, it can also be true that those stricter laws can get you in trouble when you've done nothing wrong.
Texas Bail Hearings
December 14, 2011 By Johnson Noriega PLLC
How Does the Court Determine the Amount of Bail?
Does Drinking Increase the Risk of Fatal Falls Among Teens and Young Adults?
December 12, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
Fatal falls are typically associated with older adults, specifically those aged 65 and older. Motor vehicle accidents are the leading cause of death for teens and young adults, and, while alcohol increases the risk of such accidents, it also makes this demographic more susceptible to falls. Recent incidents in New York and Colorado illustrate how the risk of suffering serious or fatal personal injury escalates when people drink, explains a lawyer.
How Could Smartphone Apps Undermine the Efficacy of Sobriety Checkpoints?
December 12, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
Ever since the U.S. Supreme Court ruled that sobriety checkpoints are constitutional in 1990 in Michigan, several states have incorporated them into their efforts to prevent drinking and driving. Recently, the Orange County Register reported that drivers could access the date, time, and location of sobriety checkpoints via apps on their smart phones, leading many to question whether such apps are undermining the efficacy with which the checkpoints prevent drivers from drinking and driving.
Conviction for Murder of Cop Reconsidered for DA Withholding Evidence
December 12, 2011 By Greg Hill & Associates
Jesse Gonzalez was convicted of first degree murder with special circumstances for killing a police officer on duty. The conviction arose after he used a shotgun when Los Angeles Sheriff’s Department Deputies kicked down his front door while serving a search warrant.
The Police Stole My Marijuana- Will My Homeowner’s Insurance Pay Me for My Loss?
December 9, 2011 By Greg Hill & Associates
Greg Bennett had a homeowner’s policy through State Farm that insured him for losses arising from theft of his property at his residence. The policy also covered theft of trees, shrubs and plants on the property. The police did not define “theft.”
A “No Contest” Plea to New Criminal Charges Can Constitute a Probation Violation
December 8, 2011 By Greg Hill & Associates
A “no contest” plea is distinguishable from a “guilty” plea. Once who pleas “no contest” does not admit factual guilt, although it allows him to be punished as if guilty to take advantage of a plea bargain.
Conspiracy Liability Very Broad for Robbery – Beware
December 8, 2011 By Greg Hill & Associates
Under California law, a person involved in a crime is either a principal or an accessory. Cases decided by our Supreme Court have included conspirators as principals, as conspirators fall within the “all persons concerned” language of Penal Code § 31, which defines who is a principal.
New PA Law to Ban Texting While Driving Passed
December 7, 2011 By The Martin Law Firm, P.C.
A Pennsylvania law to ban texting while driving statewide has been passed and will soon go into effect.
The Legal Issues with Radar Detectors and Traffic Violations
December 6, 2011 By Falk & Ross, PA
If you are using a radar detector in Florida, it can become evidence against you in a criminal traffic case. A Miami Dade traffic defense lawyer will know how to handle this situation.
How an Attorney Can Help When You are Facing a 4th DUI Conviction
December 6, 2011 By Falk & Ross, PA
A 4th conviction for drunk driving means you could be facing the highest Florida DUI penalties. A Broward DUI defense lawyer can help you protect your rights during your hearing.
Juvenile Drug Possession Charges Can Ruin Your Child’s Future
December 6, 2011 By Falk & Ross, PA
Don’t let your child’s future be ruined by a conviction for juvenile drug possession in Florida. A Miami juvenile defense lawyer can defend your child's rights in court.
What’s at Stake with Your Commercial Vehicle Violation
December 6, 2011 By Falk & Ross, PA
If you are cited for a Florida commercial vehicle traffic violation you could lose more than just your license.
Violations for Driving Without a License Explained
December 6, 2011 By Falk & Ross, PA
Penalties for driving without a license are more than jail time and fines, you could permanently lose your chance at getting a license in the future. Talk to a South Florida traffic defense attorney.
The Consequences of Murder Charges
December 6, 2011 By Falk & Ross, PA
A murder charge in Florida or homicide in Florida can result in serious jail time and fines. A South Florida criminal defense lawyer can help.
Challenging Field Sobriety Tests during a DUI Case
December 6, 2011 By Falk & Ross, PA
The field sobriety tests commonly used in determining a Florida DUI case can be flawed. To fight DUI charges in Florida, hire a Florida DUI defense attorney.
Plead the Fifth: Invoking Your 5th Amendment Rights in a DUI
December 6, 2011 By Falk & Ross, PA
You may have heard you can “plead the fifth” when arrested, but what does that mean? Using the Fifth Amendment in Florida is best handled by a Miami criminal defense attorney.
DUI Penalties: Second DUI Offense
December 6, 2011 By Falk & Ross, PA
Being charged with a second DUI offense means you will certainly be facing more than just higher penalties. Speaking with someone familiar with DUI law can help you know your rights.
Fighting a Boating Under the Influence Charge with a DUI Lawyer
December 6, 2011 By Falk & Ross, PA
If you’ve been arrested and face a boating under the influence charge, it’s important to know what to do next.
What are Sweat Ankle Monitors for DUI Defendants (SCRAM)?
December 6, 2011 By Falk & Ross, PA
SCRAM ankle monitors after a DUI are common forms of supervision. These monitors and other forms of supervision can be avoided by speaking with a criminal attorney.
Seeking Traffic Defense Help When You are Caught by a Speed Trap
December 6, 2011 By Falk & Ross, PA
Learning how speed traps work and the different ways you can address a speeding ticket is a valuable defense. Also, contacting a traffic lawyer if you are facing significant charges is in your best interest.
Going to the DMV after Your First DUI
December 6, 2011 By Falk & Ross, PA
After your first DUI, going the DMV can be confusing and intimidating. Contacting a defense lawyer for legal guidance so you can be sure you complete everything correctly may be in your best interest.
When a Sobriety Checkpoint Leads to DUI Charges, Get Legal Help
December 6, 2011 By Falk & Ross, PA
If you’ve been stopped at a Florida sobriety checkpoint, contact a Miami DUI defense attorney who will protect your rights.
Know Your Rights! Understanding the Miranda Rights
December 6, 2011 By Falk & Ross, PA
Being made aware of your Miranda rights can help you in difficult situations that you may have found yourself in. Knowing your Miranda rights will help you if you believe they may be violated.
Facing a DUI Charge When You Are on Vacation
December 6, 2011 By Falk & Ross, PA
If you received a Florida DUI charge while on vacation, contact an attorney who can represent you in your DUI defense in Florida. This may help you to avoid some court dates.
Hefty Costs Associated with a DUI Arrest
December 6, 2011 By Falk & Ross, PA
Be prepared to face the steep costs of a DUI arrest. Even if it is your first DUI, the monetary penalties that come along with a DUI arrest can be hard on your wallet.
Your Rights after an Arrest for Prostitution or Solicitation
December 6, 2011 By Falk & Ross, PA
Charges for prostitution in can lead to many different kinds of penalties. It is very helpful to be made aware of your rights if you have been charged with prostitution or solicitation.
Challenging Breath and Blood Tests in a DUI Case
December 6, 2011 By Falk & Ross, PA
The defense for your DUI case can be affected by challenging a blood test or challenging a breath test. If you did either one of these, speak with a lawyer who can explain your decision to the court.
Fighting Charges of Fraud
December 6, 2011 By Falk & Ross, PA
Fraud charges are not uncommon and are committed for different reasons.
Does an Arrest for a DUI Equal Automatic Guilt?
December 6, 2011 By Falk & Ross, PA
If you’ve been arrested for a DUI it doesn’t mean you’re automatically guilty. Many factors can make or break a DUI case that has been brought up against you.
Hiring an Attorney for a First Offense California Driving Under the Influence Case
December 5, 2011 By Law Office of Robert Tayac
This article was written to help people who have been arrested for driving under the influence in California decided whether to hire an attorney to represent them in criminal court case and the separate California Department of Motor Vehicles license suspension action.
Conviction for Accessory to Shoplifting and Burglary Has Lesson for Those Defending Such Charges
December 5, 2011 By Greg Hill & Associates
Raymond Mooney and his girlfriend, Janna Lorette, drove together to a San Bernardino Stater Brothers grocery store. Mooney and his two small children entered first. About twenty seconds later, Ms. Lorette entered with an empty purse.
California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas
December 5, 2011 By Greg Hill & Associates
In both state and federal court, it is common for courts to impose probation conditions that prohibit sex offenders from living near certain areas that might cause the offender to relapse and endanger the public. In sex offender cases involving an adult and a child victim, courts can impose rather tough residency requirements.
Impact of Hiring a Former Prosecutor to Defend a Virginia DUI
December 3, 2011 By Robinson Law, PLLC
Consequences that can come from a Virginia DUI conviction can be steep and long lasting. Hiring a Defense Attorney that has experience on the other side of the bench as a Commonwealth Attorney can make all of the difference in your case.
Stand Your Ground: Not Guilty to the Charge of Murder in the Second Degree
December 2, 2011 By Ferrer Shane, P.L.
Ferrer Shane Attorney Diana Gonzalez Wins Homicide Acquittal for Client - You may think that the police will take you at your word if you kill someone in self-defense. Unfortunately, that rarely happens. The police will investigate. Charges against you might be filed. Whether or not that happens will depend on the facts of the case.
Suspect’s Fifth Amendment Rights not Violated when He Volunteered Statements about His Killing Another
December 1, 2011 By Greg Hill & Associates
Thomas Kemp kidnapped Hector Juarez, used Juarez’s ATM card to withdraw $200 from Juarez’s bank account and then used a .380 handgun to shoot Juarez twice in the head, killing him. Kemp then made two more attempts to use Juarez’s ATM card, but could not remember the PIN number.
Women in the Workplace: What is the Primary Cause of Fatal Injury?
December 1, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
The Bureau of Labor Statistics reported in 2010 that homicidal violence is the fourth leading cause of workplace death in the country. Moreover homicide is the leading cause of death for female employees, the incidence of which rose by 13 percent that year. A series of violent acts against female employees resulting in injuries and fatalities in Orange County and other California areas illustrate the severity of the problem, explains an attorney.
Technology and Surveillance: The Increasing Impact on Investigations into Excessive Force
December 1, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
In a time and a society in which it would be difficult to find an individual who does not have continuous access to communications equipment, police departments are relying on the public to assist with investigations. In Los Angeles, the LAPD initiated a service that allows citizens to anonymously text tips about crimes in their neighborhoods. In Orange County, the 151 witness statements and videos concerning the fatal beating of a homeless man led to criminal charges for two officers.
False Accusations of Rape in Florida and Nationwide
December 1, 2011 By Florida Sex Crimes Attorneys
A Florida rape attorney will look at all the possibilities, including DNA evidence and the possible of a mistaken eyewitness identification, to prove that you did not commit the crime you didn’t commit.
False Accusations of Child Abuse in Georgia
November 30, 2011 By The Margolis Legal Group, Inc
It’s something no one wants to think about, even in the most contested and ugly of Georgia child custody battles the idea that one partner might falsely accuse another of child abuse in order to obtain child custody. Fortunately, false accusations of child abuse are rather rare: under 10 percent of accusations of child abuse are false. However, of that 10 percent, the majority do not originate with the child, but instead with an adult bringing accusations on behalf of the child.
When Can the Use of a Taser Be Considered Excessive Force?
November 30, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
In November of 2011, a California appellate court ruled that the use of a taser stun gun could, in cases involving personal injury, qualify as excessive force in violation of the US Constitution. However, other court decisions have varied, suggesting that the law on the use of the taser is still evolving. Given that police departments, counties, and officers have been found liable in lawsuits brought by those who have suffered trauma from the devices, they should use them with caution.
Cocaine Courier’s Sentence Not Reduced Due to Large Quantity Seized
November 29, 2011 By Greg Hill & Associates
Under Federal sentencing guidelines, a drug courier is often eligible for a sentencing reduction due to his or her minor role and limited involvement. The courier may not be aware of even the type of drug transported, the sender’s name or the actual recipient of the delivery.
Drug Evidence Suppressed When Police Improperly Stop Vehicle
November 29, 2011 By Greg Hill & Associates
La Habra police officer Nick Wilson observed Defendant Paul Carmona make a right turn without using his turn signals. Wilson was about 40 yards away and traveling in the opposite direction, so he was unaffected by Carmona’s turn. There was no other traffic nearby. Wilson, however, believed the turn violated California Vehicle Code § 22107 and stopped Carmona.
SEC Rules Affecting Shell Companies
November 28, 2011 By Hamilton & Associates, P.A.
What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
Murder-Suicide and Sexual Assault in Las Vegas
November 23, 2011 By De Castroverde Law Group
Las Vegas is a popular vacation destination where people can go to relax and have fun. However, tragedy can strike at any place and at any time.
Anyone Can Be Arrested for DUI
November 23, 2011 By The Law Offices of Richard S. Lawson
It seems that almost every day there is a new story about a DUI accident or arrest. However, the newest tale has a spin that many others do not; in Morrow, Georgia a 45-year old police chief was recently arrested for drinking and driving.
Co-Owner Of Computer Can Consent To Search Of Computer That Incriminated Owner Of Child Pornography Charges
November 23, 2011 By Greg Hill & Associates
Kevin Stanley and his girlfriend, Tiana Stockbridge, lived together until the two broke up in 2004. While they were together, they co-owned a computer, which they each used. Stanley had a password to his “half” of the computer and his files.
Lifetime Requirement to Register as Sex Offender not Eliminated when Felony Conviction Reduced to Misdemeanor
November 22, 2011 By Greg Hill & Associates
Over about a one month period in late 2006, Defendant Brian Roger Kennedy engaged in a sexually explicit Internet conversation with an undercover San Jose police officer who Kennedy believed was 13 years old and named “Tiffany.” Kennedy sent “Tiffany” a picture of his erect penis, as well as videos and webcams of himself masturbating. He also communicated with her via instant messaging and e-mail.
First DUI Penalty in Las Vegas
November 21, 2011 By Potter Law Criminal Defense
If you or a loved one has a DUI conviction in Las Vegas, having credible and qualified legal help is an absolute necessity. Knowing the facts and the risks to your finances and freedom is a quintessential part of the assessment process for the accused.
Court Rules that Driving Includes Being Stopped at Red Light while Using Cell Phone
November 21, 2011 By Greg Hill & Associates
On December 28, 2009, a Richmond, California motorcycle officer pulled up at a red light alongside Mr. Carl Nelson. The officer watched Nelson, who was sitting behind the wheel of his car, open his flip-style cell phone, dial a number and put the phone to his ear while holding the phone in his left hand.
In Counterfeit DVD and CD Case, Victim Cannot Recover Potential Economic Loss
November 21, 2011 By Greg Hill & Associates
California Penal Code § 1202.4(r) governs the method for calculating restitution in fraudulent DVD and CD cases.
Hiring a Kansas City Criminal Defense Lawyer - What You Should Expect
November 20, 2011 By The Sandage Law Firm, P.C.
If you have been charged with or accused of a crime, it is important that you consult with a talented Kansas City criminal defense lawyer right away. An effective, skilled attorney can have a substantial impact on the outcome of your case.
The Purpose of Hiring an Indiana DUI Attorney
November 20, 2011 By Stark Law Offices, P.C.
What is the purpose of hiring an Indiana DUI attorney? You may feel that you can handle everything yourself just fine, but the fact is that without capable legal representation you are likely going to face severe penalties and perhaps lose your driving privileges.
The Different Levels of DUI
November 17, 2011 By Guadagno & O'Sullivan, LLC
Driving under the influence of alcohol or drugs is against the law in the state of Washington, along with all other areas in the United States. Nationally, the legal limit is .08%, but each state has their own laws governing the degree of each drunk driving charge.
Multiple Convictions for Embezzlement (Grand Theft) from Employer Proper When Takings Distinguishable
November 16, 2011 By Greg Hill & Associates
Joyce Jaska was the secretary and treasurer of Barstow Truck Parts and Equipment, Inc., a family business that had survived since the 1950’s. The president of the company fully trusted Jaska, who did the company’s accounting.
Common Flaws Associated with DUI Testing
November 16, 2011 By Katz & Phillips P.A.
In any given DUI case, it is likely that the prosecution will have considerable evidence being held against you. Many people can view this as the final nail in a case’s coffin, but the truth is that there are ways in which this evidence can be challenged based on these test’s common flaws.
Life in Prison Without Possibility of Parole Unconstitutional for Juvenile Non Homicide Offender
November 15, 2011 By Greg Hill & Associates
In 2010, citing the Eight Amendment’s bar against cruel and unusual punishment, the United States Supreme Court determined that the immature and potentially malleable nature of juveniles precludes a judgment that a non homicide juvenile offender will never to be fit to reenter society (Graham v. Florida (2010) __ U.S. __, 130 S.Ct. 2011).
Pandering Conviction Upheld Even When Victim is Already a Prostitute
November 15, 2011 By Greg Hill & Associates
While it may seem counterintuitive to some, one can be convicted of pandering in violation of California Penal Code § 266i(a)(2) even when the “victim” is already a prostitute, or at least represents herself to be one. Indeed, section 266i(a)(2) reads: Any person who by promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another to become a prostitute is guilty of pandering.
When an Arrestee is Detained, it is Unconstitutional to Search a Car Without a Warrant
November 15, 2011 By Greg Hill & Associates
Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.
Conviction Overturned for Lewd Acts Upon a Child
November 15, 2011 By Greg Hill & Associates
In 2010, Lee Cottone was convicted in Orange County of four counts of committing a lewd act upon a child under the age of fourteen (California Penal Code § 288(a)).
Is Being Unconscious While DUI a Defense to Second Degree Murder Charge? Appellate Court Says No
November 15, 2011 By Greg Hill & Associates
On Friday evening, February 22, 2008, Elijah Ferguson crashed into the rear of a car stopped at a red light and carrying Michael and Grace Stein. The accident happened at the corner of MacArthur and Jamboree Boulevards. Post-accident analysis of Ferguson’s car revealed he was traveling 75 miles per hour and accelerating, only to decelerate 0.1 second before impact. Ferguson’s BAC, taken two hours after the crash, was 0.12.
Conviction Overturned for Felon in Possession of Firearm – Constructive Possession Not Proven
November 15, 2011 By Greg Hill & Associates
In May, 2007, Costa Mesa Police learned that Reno Sifuentes, a convicted felon, was renting a room in a Santa Ana motel. The motel was notorious for drug dealing and prostitution on its premises. Since police knew there was an “outstanding no bail” parole arrest warrant, police requested and received a master key from the motel to Sifuentes’ room.
When An Arrestee is Detained, it is Unconstitutional to Search a Car Without a Warrant
November 11, 2011 By Greg Hill & Associates
Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestee’s immediate control. Officer safety and evidence preservation are implicated in such situations. Such a search is usually limited to the passenger compartment.
Taking Audio and Video Recordings in Secret
November 11, 2011 By BUE Law Firm
As is known, there have been numerous situations where audio and video recordings are taken in secret. Therefore, legal aspect of taking audio and video recordings in secret shall be examined.
Shoplifting
November 9, 2011 By Ankin Law Office, LLC
Have you ever been in a store and had someone follow you around watching your every move? That usually is because shoplifting is big business and, during a recession, it typically grows.
Beware of Pickpockets
November 9, 2011 By Ankin Law Office, LLC
The holiday shopping season seems to start earlier and earlier every year, and with that so do the pickpockets.
Regulatory Compliance for a Medical Practice
November 8, 2011 By Matt Dickstein - Business Attorney
In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: Referral Laws -- Anti-Kickback and Stark Self-Referrals; Billing Medicare and Other Payers; HIPAA; and Supervision of Staff.
When Do You Need a Kansas City Federal Crimes Attorney?
November 8, 2011 By The Sandage Law Firm, P.C.
At what point in time should you consider hiring a Kansas City federal crimes attorney? Some people assume that they should wait until they are formally charged, while others feel that it is okay to wait until the trial is about to begin.
Important Evidence for Your Michigan Driver’s License Appeal
November 4, 2011 By Mark Langschied Law
It is critical to submit evidence to support your Michigan driver’s license appeal. If you fail to do so, the consequences may be severe because you may lose your Michigan driver’s license appeal.
Children & Drunk Driving
November 3, 2011 By Law Office of Trent R. Buckallew
Driving under the influence becomes more serious when there are children involved. Aggravated DUI and endangerment can result in very severe penalties.
Arrested and Released for DUI? Think Again – The Police May Have Your Saliva DNA to Legally Re-arrest You
November 3, 2011 By Greg Hill & Associates
Troy Thomas was a suspect in six unsolved residential burglaries from 2006 to 2008. In five of the burglaries, genetic material from the suspect was collected at the home. In the sixth burglary, an eyewitness identified Thomas as the burglar.
What to Do if You Are Charged with Spousal Rape – Advice from Florida Rape Attorneys
November 2, 2011 By Florida Sex Crimes Attorneys
Many people believe that it is not possible to rape your spouse. In fact, as recently as 20 years ago, it was impossible to rape a person whom you were married to, and some states still have legislation which puts marital rape in a separate category than non-marital rape (such as harsher reporting requirements or not allowing certain categories of rape to apply to marital rape).
An Atlanta Criminal Lawyer Explains Search and Seizure
November 2, 2011 By The Margolis Legal Group, Inc
Search and seizure law protects one of the fundamental rights for Americans. In fact, the Founding Fathers thought that search and seizure was so important that they put it in the Bill of Rights: the Fourth Amendment to the Constitution says that the police are not allowed to do unreasonable searches and seizures.
Warrantless Search of FedEx Package Containing Marijuana Held Improper and Case Dismissed
October 31, 2011 By Greg Hill & Associates
Kewhan Robey put 450 grams of marijuana in a FedEx box and attempted to mail it from California to Illinois. A FedEx employee noticed “a strong odor” of marijuana, however, held the package back and called the Santa Maria Police Department.
Know Your Legal Rights in the Criminal Process
October 31, 2011 By Hochheiser & Hochheiser LLP
Failure to understand one’s legal rights can lead to self-incrimination, false confessions, eyewitness misidentification and wrongful convictions. Having an attorney can avoid the above negative consequences, all the while protecting your legal rights throughout the criminal process.
Underage DUI Is Not Similar to a Juvenile Offense for Sentencing in a Later Drug Case
October 27, 2011 By Greg Hill & Associates
Baldemar Landa was sentenced in U.S. District Court to a minimum term of five years in state prison for violating the federal Controlled Substances Act. He pled guilty to possession of cocaine with intent to sell, as well as two other related charges.
What to Look For in an Indiana Criminal Defense Lawyer
October 25, 2011 By Stark Law Offices, P.C.
You may think that when you have been charged with or accused of a crime, all you need to do is find an Indiana criminal defense lawyer to represent your rights. In reality, it simply isn't that easy. Some attorneys will promise you unattainable results.
Every Question About an I.I.D. that You had, but were Scared to Ask
October 25, 2011 By Greg Hill & Associates
We at Greg Hill & Associates understand that an ignition interlock device is a mysterious and often misunderstood device. The requirements surrounding its installation, use and maintenance are also clouded in myths and many anecdotal inaccuracies. Therefore, to hopefully clear up the confusion once and for all, we prepared the following memorandum.
Criminal Liability for Animal Cruelty Was Vague Until Now
October 24, 2011 By Greg Hill & Associates
Under California Penal Code § 597, one can be charged with either felony or misdemeanor animal cruelty or neglect. There is no standard jury instruction on this offense, so in each trial, counsel must devise their own instruction, which can lead to confusion. Nowhere was this epitomized more clearly than in the case of Manuchehr Rizati.
Police Sniff Dog Found Reliable to Court Despite Signaling the Presence of Narcotics that Did Not Exist
October 21, 2011 By Greg Hill & Associates
Darla Stillwell and Robin Briggs were stopped by Marysville Police in May, 2009 while driving through downtown Marysville California. The stated reason for the stop was that the rear license plate on their pickup truck was blocked by the bumper.
Explaining DUI Expungements
October 20, 2011 By Gold & Witham, Attorneys at Law
A DUI conviction is a charge that could follow you for years to come. The typical consequences that accompany drunk driving charges won’t last a lifetime but the mark on your record could remain with you for the rest of your life if you don’t get it expunged.
Possible Reprieve for Ponzi Scheme Innocent Net Winners
October 20, 2011 By Assouline & Berlowe, P.A.
The Ninth Circuit Rules that 523(a)(19) of the Bankruptcy Code does not apply to innocent wrongdoers who are the recipients of ill-gotten gains through securities fraud.
Beware: Living with a Prostitute Can Be Illegal and Land You in Prison
October 19, 2011 By Greg Hill & Associates
In Solano County, California, Defendant Sean ali Grant was convicted of pimping under Penal Code § 266h(a), as well as assault with a deadly weapon (§ 245(a)(1), corporal injury to a cohabitant (§ 273.5(a)) and false imprisonment by violence (§ 236). He was sentenced to five years in state prison.
Employers Can Use the Federal Computer Fraud and Abuse Act to Combat Labor Union Mass Email Campaigns
October 19, 2011 By Archer & Greiner, P.C.
With its decision in Pulte Homes, Inc. v. Laborers' International Union of North America, the Court of Appeals for the Sixth Circuit has extended the reach of the federal Computer Fraud and Abuse Act ("CFAA") to mass e-mail and mass telephone call campaigns that diminish the operability of a company's e-mail and telephone systems.
Prison Sentence? It May Be Served in County Jail under a New California Law
October 18, 2011 By Greg Hill & Associates
A prison sentence often not only means a long period of incarceration, but also a long distance away from loved ones. While California does have thirty-three prisons statewide, the convenience of family visits is not considered in determining where one will serve their prison sentence.
An Phoenix DUI Trial from the Inside
October 17, 2011 By Law Office of Vladimir Gagic, PLLC
What are some of odd rulings that a judge can make in an Arizona DUI case?
Store Security Video Evidence, Without Any In-Person Identification, Can Be Used to Convict You
October 14, 2011 By Greg Hill & Associates
Over a twenty-one month period in 2008 and 2009, Defendant Randy Alan Larkins allegedly broke into over a dozen gym lockers at Southern California Bally’s, 24 Hour Fitness, and L.A. Fitness. When arrested, he was found in possession of twelve membership cards that were not issued to him for Bally’s and 24 Hour Fitness, mail that was not his own, driver’s licenses that were not his and dozens of credit cards that were not his own.
List of Problems with the Sex Crime / Offender System
October 13, 2011 By The Law Offices of Thomas A. Pavlinic
There are so many problems with the current sex crime/offender system that it is overwhelming to think about it. You can't truly understand how dark life can be until you've been charged with a sex crime.
Introduction to South Carolina Criminal Domestic Violence
October 11, 2011 By Law Office of James R. Snell, Jr., LLC
South Carolina Criminal Domestic Violence, or CDV law, is a serious criminal offense. Men and women from all backgrounds can find themselves the subject of a criminal arrest and prosecution for either a misdemeanor or felony level domestic violence charge. This article provides a brief introduction to the CDV law including the legal standard and possible penalties.
DWI in the State of Texas
October 11, 2011 By Law Offices of Chris S. Barnett
The state of Texas is tough on crime, and DWI charges are treated no differently than other crimes.
Violent Crimes in the State of Florida
October 11, 2011 By The Miller Law Firm, P.A.
Violent crimes are considered crimes against humanity. A conviction can result in a lengthy prison sentence, fines, victim restitution and much more for the accused.
Eight Ways to Recover from Identity Theft
October 10, 2011 By Lexington Law Firm
Identity theft concerns all of us whether we've been hit yet or not. Learn more about what you can do once your identity has been stolen and you need to fix credit problems that have arisen because of it.
Evading Arrest in Texas
October 10, 2011 By Law Office of Don E. McClure, Jr.
Sometimes people have a natural inclination to run when a police officer attempts to detain or arrest them. Evading arrest is a crime in itself that can result in negative criminal penalties for the accused.
The Importance of a DMV Hearing
October 10, 2011 By Law Offices of Loren M. Merlin
A driver has just 10 days to schedule a DMV hearing upon a DUI arrest. This hearing is essential if the driver wishes to retain their driving privileges after being arrested for drinking and driving.
Fight Your Traffic Ticket
October 10, 2011 By Superior Law Center
Traffic tickets can add up over time, resulting in too many points accumulated on your driving record. Too many points can lead to license suspension and extremely high insurance premiums.
If Visiting One in Jail, Be Careful What You Bring With You!
October 10, 2011 By Greg Hill & Associates
On September 29, 2011,the Second District Court of Appeals upheld the conviction of Brian Boulter for possession of a controlled substance, among other charges, after he was arrested while visiting a friend at the Men’s Central Jail in Los Angeles.
The Sex Crime of Voyeurism
October 10, 2011 By The Law Offices of Randolph D. Toscano, PLLC
In today’s digital age, people have instant access to recording devices that can capture people in various states of undress without their knowledge. Voyeurism is a sex crime that can be punishable by jail.
The Legal Consequences of Refusing a Chemical Test
October 10, 2011 By The Law Offices of Richard S. Lawson
Refusing to submit to a blood, breath, or urine test after a DUI stop can incur serious penalties. If you refused a chemical test, it will be essential to hire a DUI attorney if you want to save your driving privileges.
Explaining Vehicular Homicide in Georgia
October 10, 2011 By The Law Offices of Richard S. Lawson
The law perceives an automobile as a deadly weapon. If a person kills another human being with their vehicle, they will face serious criminal consequences.
The Zero Tolerance Law and Underage DUI
October 10, 2011 By Floyd, Skeren & Kelly, LLP
The state of California is one of the harshest states when it comes to penalties for an underage DUI. If you were arrested for an underage DUI, a DUI attorney will be essential for fighting your charges.
False and Coerced Confessions
October 10, 2011 By Hochheiser & Hochheiser LLP
False and coerced confessions are made by innocent individuals during police interrogations. There are documented cases where innocent people were sent to prison based on a false confession.
Drugs and the Law in Dubai
October 10, 2011 By Al Rowaad Advocates & Legal Consultancy
Know your Rights: 5 laws that expats should know
Right To Confrontation in Sexual Abuse Cases
October 9, 2011 By The Law Offices of Thomas A. Pavlinic
Right To Confrontation in Sexual Abuse Cases
Defense of Sexual Assault Allegations in Texas
October 9, 2011 By Daniel & Hudson, PLLC
Unfortunately, false accusations of sexual assault are not an uncommon occurrence. Facing a false allegation of sexual assault is a horrible experience. You will go through emotions such as embarrassment, anger, and fear. These are common questions that you may have: "Why is this happening to me?" "What should I do?" “Why would they accuse me of this?”
Criminal Threats in California
October 7, 2011 By Tyler & Wilson, LLP
Criminal threats are threats that place a person in fear of impending bodily harm. A person charged with criminal threats can face either misdemeanor or felony charges in the state of California.
Drug Possession Charges and Penalties
October 7, 2011 By Hessinger and Kilfin Law
Illegal possession of a controlled substance can result in serious criminal penalties for the accused. However, skilled legal counsel may help reduce or eliminate the penalties that an individual faces.
DUI Plea Bargains
October 7, 2011 By The Law Offices of Jason K. S. Porter, P.A.
DUI plea bargains can be powerful bargaining tools, especially when the evidence against a suspect is unquestionable. An experienced DUI attorney will be crucial when negotiating this type of bargain.
Child Pornography in California
October 7, 2011 By Robert M. Helfend Attorney At Law
Child pornography is one of the worst types of sex crime charges that may require mandatory sex offender registration if convicted. Unfortunately, innocent people can be charged with this crime.
Understanding Blood and Breath Tests
October 7, 2011 By The Law Offices of Scott C. Nolan
Blood and breath tests are used by law enforcement to determine a driver’s blood alcohol concentration (BAC). Contrary to popular belief, these tests are not 100% accurate all of the time.
DUI Consequences in Chicago
October 7, 2011 By The Law Offices of Howard J. Wise & Associates
A DUI conviction can affect numerous aspects of a person’s life. At times, challenging a DUI arrest can result in reduced or dropped charges for the suspect, allowing them to retain their driving privileges.
Lifting a Restraining Order
October 7, 2011 By Law Offices of Adam L. Pearlman
Restraining orders are taken out against someone in domestic violence or civil harassment situations. At times, this type of restraint is abused and it can be taken out against an innocent person.
Juvenile Crimes and the Criminal Justice System
October 6, 2011 By The Law Offices of Randolph D. Toscano, PLLC
Juvenile offenders are typically handled in the juvenile justice system; however, when they commit certain violent crimes they may be diverted to the adult courts. If a minor is tried as an adult, then they face adult penalties.
Criminal Mischief Charges in Utah
October 6, 2011 By Zabriskie Law Firm
When a person intentionally destroys someone else’s property, or when they disrupt a public utility they can be charged with criminal mischief. Criminal mischief can be prosecuted as a misdemeanor or felony.
Indecent Exposure and the Law in the State of Florida
October 6, 2011 By The Law Office of Michael Mirer, P.A.
Indecent exposure is categorized as a sex crime in the state of Florida. People can be charged with this under circumstances where they never intended to offend anyone; fighting such charges is extremely important if the accused is to avoid a criminal conviction.
Domestic Violence Charges: Felony or Misdemeanor
October 6, 2011 By Hager & Schwartz, P.A.
Domestic violence is taken very seriously in the state of Florida. Depending on the facts surrounding the case, the severity of the injuries and any prior history of domestic violence, it can be charged as a misdemeanor or felony offense.
Traffic Violations and Criminal Law
October 6, 2011 By Jansen and Davis, P.A.
Traffic violations can be far more serious than a simple speeding ticket. Certain violations are criminal offenses and can lead to heavy fines and imprisonment for the accused, leaving them no choice but to hire legal representation to give them the best chances of avoiding a criminal conviction.
Leaving the Scene of an Accident: Felony or Misdemeanor
October 6, 2011 By Hager & Schwartz, P.A.
When a driver is involved in any type of motor vehicle accident, they are supposed to stop and exchange information and provide medical assistance. When a driver fails to stop and flees the scene, they can be charged with a felony or a misdemeanor depending on the circumstances of the case.
Weapons Charges and Enhanced Criminal Penalties
October 6, 2011 By Law Offices of Grech & Firetag
Weapons charges are frequently charged in connection with another crime. If you were found to be using a deadly weapon during the commission of another crime, you face significant sentence enhancements in addition to your original sentencing.
Understanding and Disputing Disorderly Conduct Charges
October 6, 2011 By Law Offices of Grech & Firetag
A person can be charged with disorderly conduct by an exasperated police officer when they have nothing else to charge the person with. Often times these types of criminal charges are unwarranted and should be disputed by an attorney.
What Is An Unlawful Police Stop?
October 6, 2011 By The Law Offices of Nors Davidson
In order for a police officer to pull you over on suspicion of DUI, they must first have probable cause to do so. If an unlawful police stop lead to your DUI arrest, you may have the ability to fight your charges in court.
Public Intoxication Is a Crime
October 6, 2011 By Okabe & Haushalter
It may be legal to consume alcoholic drinks, but it is unlawful to be guilty of public drunkenness. If you are arrested for being drunk in public, you can be charged with a misdemeanor and face criminal consequences.
Speeding Tickets in Durham: Far Greater Cost than What's on the Ticket.
October 6, 2011 By The Law Office of John C. Fitzpatrick
Good drivers get speeding tickets. The cost on the ticket is not what you will pay. If you are found guilty of speeding, you will see huge increases in your car insurances. This article explains how North Carolina points system works and how it affects your insurance cots.
A Theft Crime Conviction Can Have Serious Consequences
October 6, 2011 By Jansen and Davis, P.A.
People can be guilty of stealing virtually anything, whether the item stolen was taken from a home, a retail store or from someone’s bank account, they can face harsh criminal penalties. Theft crimes can have serious, life-altering consequences and they should always be defended by an experienced attorney.
Are You Facing Assault & Battery Charges?
October 6, 2011 By Fagan, Fagan & Davis
Assault and battery charges are not to be taken lightly and can have life-changing consequences upon conviction. There are always two sides to every story, if you have been charged with assault & battery, you should secure legal representation right away if you want to have the best chances of avoiding a conviction.
DUI: Field Sobriety Tests
October 6, 2011 By Floyd, Skeren & Kelly, LLP Ventura
One of the ways law enforcement determines if you have been driving under the influence is through the administration of field sobriety tests. But just how accurate are they?
DWI in North Carolina
October 6, 2011 By The Law Office of John C. Fitzpatrick
DWI is technically a misdemeanor in North Carolina, but the aftermath of a drunk driving conviction will dramatically change the future quality of your life. Those charge with DWI in Durham, Raleigh, Hillsborough or Chapel Hill will need an experience DWI lawyer to defend their rights.
Understanding the foundations of DWI in North Carolina can help you make a confident choice of attorneys.
The Dangers of Boating Under the Influence
October 6, 2011 By Floyd, Skeren & Kelly, LLP
Most people are aware of the dangers that accompany drinking and driving. Generally, the number of DUI cases and accident fatalities related to drinking and driving are well known by the public. What is less often discussed but just as significant a problem is that of boating under the influence.
Protect Your Rights Against Restraining Orders
October 6, 2011 By Zabriskie Law Firm
Restraining orders are an important instrument in serious domestic violence situations; however, they can be taken out against someone based on false allegations. If a restraining order was taken out against you, it’s important that you act quickly to dispute the allegations.
Domestic Violence and Actual Injuries
October 6, 2011 By Tyler & Wilson, LLP
Domestic conflicts can easily take a turn for the worse and get out of hand. When somebody gets hurt and the alleged attacker was a spouse, or partner, then they can face serious domestic violence charges.
Boating under the Influence in California
October 6, 2011 By Floyd, Skeren & Kelly, LLP
Boating under the influence is nearly identical to a drunk driving charge. If you are convicted of BUI, you face serious criminal consequences including jail or prison sentencing, heavy fines and driver’s license suspension.
A Stalking Charge in Arizona Can Bring Felony Consequences
October 6, 2011 By Suzuki Law Offices, L.L.C.
In the state of Arizona, a conviction for stalking can be extremely serious.
How DUI Checkpoints Work
October 6, 2011 By The Law Offices of Richard S. Lawson
Most states, including the state of Georgia allow for DUI checkpoints. DUI checkpoints are established by law enforcement with the intention of arresting people for DUI and deterring drivers from driving while under the influence of alcohol or drugs.
Explaining Aggravated Vehicular Homicide
October 6, 2011 By The Koffel Law Firm
In the state of Ohio, vehicular homicide involves causing the death of another human being or that of an unborn child. The most severe offense in this category is aggravated vehicular homicide which is extremely serious and involves the greatest penalties.
Don’t Be Haunted by a Commercial DUI
October 6, 2011 By The Wallin Law Group
Drunk driving convictions are extremely serious for commercial drivers. A DUI conviction would involve the loss of your CDL license and your livelihood.
Defining Forgery in Arizona
October 6, 2011 By The Wallin Law Group
Forgery can occur on many different levels of society; when a person commits forgery they can be criminally charged with a Class 4 felony and face up to 4 ½ years in state prison.
Fighting Sexual Battery Allegations in Florida
October 6, 2011 By Hessinger and Kilfin Law
Sexual battery charges are extremely serious and are often prosecuted as a felony offense. Early intervention with a skilled criminal defense attorney is crucial if the accused wants to do everything they can to avoid a criminal conviction.
DUI Accidents and Serious Injuries
October 6, 2011 By The Law Offices of Richard S. Lawson
Being arrested for DUI is serious in itself; however, when you factor in an auto accident or serious injuries resulting from the drunk driving, the severity of the situation greatly increases. In these types of DUI arrests, it’s critical for the accused to retain an aggressive DUI defense attorney.
Explaining Theft Crimes in Virginia
October 6, 2011 By The Law Offices of Scott C. Nolan
Theft crimes can range from minor incidents involving small dollar figures to much higher levels such as the stealing of a boat or automobile. Depending on the value of the property stolen, a theft crime can be charged as either a misdemeanor or a felony offense.
Explaining Battery Charges
October 6, 2011 By The Law Offices of Howard J. Wise & Associates
It is against the law to touch another person in a rude or offensive manner. Unwanted and offensive contact is classified as battery, and can incur criminal penalties for the accused.
Burglary Charges Are Prosecuted as a Felony
October 5, 2011 By Hopper Law Firm, PLLC
Regardless of how minor breaking and entering might have been at the time, it is prosecuted as a felony in North Carolina. If you are under investigation for burglary, you have to act fast if you want to avoid a conviction.
Sex Crimes and Sex Offender Registration
October 5, 2011 By Miller Law Group, PLLC
As serious as sex-related offenses are, they are also frequently misused by individuals in an attempt to manipulate or control a situation. Oftentimes innocent people are entangled in false allegations, leaving them no choice but to refer to a criminal defense attorney.
Federal Conviction of Importing Marijuana Overturned for Improper Use of Rap Sheet
October 5, 2011 By Greg Hill & Associates
Brad Ray Santini was convicted of importing marijuana after an inspection of his vehicle at the Mexico-U.S. border found twenty-eight kilograms in his rear seat and spare tire. This was allegedly in violation of 21 U.S.C. §§ 952 and 960. He was also charged with possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).
You Can Be Arrested on a Warrantless Search if Police Are Searching for a Friend but Find Reason to Arrest You
October 5, 2011 By Greg Hill & Associates
The author explains the rights of recently arrested folks who believe their constitutional rights have been violated. There are many contexts of this happening, but one common fact pattern is when police conduct an unannounced probation or parole search (often called a raid).
Your Cell Phone May Incriminate You of More Serious Offenses in a Traffic Stop
October 5, 2011 By Greg Hill & Associates
In today’s world, the reality is that cell phones function in many ways beyond devices to talk to one another. We send e-mails, texts, leave voicemails, post messages to Facebook, watch videos, sent videos, etc. The cell phone, in other words, is being used in many ways beyond the traditional phone. It is a mini-computer of our private lives, with call histories, contact lists and photographs.
OC's Standard Sex Offender Probation Conditions, Imposed in Hundreds of Cases since 03, Are Unconstitutional
October 5, 2011 By Greg Hill & Associates
In the Santa Ana courtroom of Judge David Thompson, Defendant John Moses was convicted of committing a lewd act on a child under fourteen years of age (Penal Code § 288(a). The jury found that Defendant, 24 years old, had engaged in substantial sexual conduct with 13 year old C.C., who he met via a website called VampireFreaks.
Challenging the Accuracy of Field Sobriety Tests
October 5, 2011 By Law Office of Matthew T. McNally
When people are pulled over on suspicion of DUI they are typically asked to submit to one or more field sobriety tests. These tests are not an accurate measurement of alcohol intoxication and may be challenged in court.
Explaining the Appeals Process
October 5, 2011 By The Budris Law Group
When a person feels that they have been wrongfully adjudicated against they have the right to seek an appeal.
Violating a Term of Probation Can Send You Back to Jail
October 5, 2011 By Goldman & Associates
Probation can be awarded in lieu of jail sentencing, or someone can be released on probation for good behavior. However, violating any term of probation can send the convict directly back to jail.
Sex Crimes and Criminal Consequences
October 5, 2011 By Superior Law Center
There is a vast array of criminal offenses that are sex-related. A sex crime conviction can have lasting ramifications including social isolation and sex offender registration for the accused.
An Overview of Florida DUI
October 5, 2011 By The Law Office of Marshall Geisser
It is unlawful to drink and drive with a BAC above .08% in all fifty states. If you are arrested for DUI in the state of Florida, you are facing driver’s license suspension, fines, jail time, community service and more.
Understanding Conspiracy Charges
October 5, 2011 By Hochheiser & Hochheiser LLP
When two or more people make a plan to commit a criminal act, they are guilty of conspiracy. It only takes one action on behalf of one of the actors to further such crime, for any of the conspirators to be criminally convicted of conspiracy.
Understanding Your Arrest Warrant
October 5, 2011 By Stradley Chernoff & Alford
What exactly is an arrest warrant and how can it affect you?
Fighting Felony Charges
October 5, 2011 By Guy L. Womack & Associates
Criminal offenses are classified as either misdemeanors or felonies. Felony charges are more serious than misdemeanors, which involve incarceration, fines and additional criminal penalties.
Computer Crimes and Federal Offenses
October 5, 2011 By Guy L. Womack & Associates
Computer crimes are typically categorized as federal offenses because they involve the internet, which crosses state lines. In order to protect your legal rights, you will need to hire a federal criminal defense attorney who has represented clients in both the state and federal courts.
Carjacking is a Felony Offense in New York City
October 5, 2011 By Perez & Cedeño, P.C.
Carjacking falls under the category of violent crimes in the state of New York. Regardless of the circumstances surrounding the event – the suspect will be charged with a felony offense.
Trespassing on Someone Else’s Property Can Be Criminally Prosecuted
October 5, 2011 By D'Amore Law Firm
In the state of Texas trespassing on someone else’s property is against the law. A momentary lapse in judgment can incur criminal consequences that will haunt you for years to come.
Cyber Stalking, Cyber Harassment and Cyber Bullying Laws
October 4, 2011 By Law Offices of Salar Atrizadeh
In light of the circumstances, numerous states have enacted "cyber stalking" or cyber harassment" laws or currently possess laws that specifically include electronic forms of communication within more traditional stalking or harassment laws. In addition, many states have enacted "cyber bullying" laws in reaction to issues related to protecting minors from online bullying or harassment.
What to Expect from a First DWI Conviction
October 4, 2011 By Law Offices of Dan Kirby
Have you been arrested for DWI in Texas? If so, you will need to learn more about Texas DWI laws so you can be proactive about your situation.
Defining Hate Crimes in California
October 4, 2011 By Martinian & Associates, Inc.
Crimes committed against people because of their race, religion, national origin, sexual orientation or disabilities are classified as hate crimes. Hate crimes are against the law in the state of California and can be criminally prosecuted as either a misdemeanor or a felony offense.
Legal Penalties for Minor in Possession of Alcohol
October 4, 2011 By Law Offices of Loren M. Merlin
It is against the law for a person under the age of 21 to consume any amount of alcohol. If they are caught breaking this law they can be criminally prosecuted.
Understanding Vehicular Homicide Charges
October 4, 2011 By The Law Offices of Jason K. S. Porter, P.A.
When a driver’s negligent or reckless actions result in the death of another person they can be charged with vehicular homicide. This is an extremely serious charge that can result in up to 15 years imprisonment even if they never meant to hurt anyone.
Common White Collar Crimes
October 4, 2011 By The Law Offices of Brian D. Perskin
Many professionals commit white collar crimes without ever being discovered. The ones that do get caught can face state or federal charges and possibly felony consequences.
The Consequences of a DUI Drug Conviction in Washington State
October 4, 2011 By Law Office of Lance R. Fryrear
Millions of Americans rely on their prescription medications to treat ailments and disease. If you are caught driving under the influence of either a prescription medication or an illegal drug you can be convicted of DUI.
The Crime of Identity Theft
October 4, 2011 By Burch Law Office, Attorneys at Law
In today’s digital society, identity theft is an issue of national concern costing billions of dollars each and every year. The impact is so great that it is prosecuted at both state and federal levels.
Do You Need To Take Out a Restraining Order?
October 4, 2011 By S.A. Young Law Firm, P.A.
Every year countless individuals are victims of domestic violence. Getting a restraining order against your abuser may be the most effective step you can take to put an end to the senseless violence.
First Degree Felony Murder in Colorado
October 4, 2011 By The Law Office of Jeffrey P. Matthews, P.C.
Murder in the first degree is the most serious category of all homicide charges. A first degree felony murder conviction can result in life without the possibility of parole or even the death penalty.
Explaining White Collar Crimes
October 4, 2011 By Law Offices of Michael P. Schmiege
White collar crime can take place at all levels of society. From counterfeiting, to blackmail, to embezzlement – it can be prosecuted on both the state and federal levels.
The Penalties for Robbery in Florida
October 4, 2011 By Taracks Gomez & Rickman
Robbery is a serious criminal offense in the state of Florida. Depending on the circumstances, a robbery conviction can be punishable by up to 30 years in a Florida State prison.
Appeals Court Overturns Alhambra Conviction for Possession of Ecstasy Pills
October 3, 2011 By Greg Hill & Associates
Ecstasy is an increasingly popular recreational drug. It is also a relatively new drug that our legislature has been slow to criminalize. We at Greg Hill & Associates remember when it first made its way to the club scene in the late 1980’s and some of our clients were amazed that it was not illegal at that time.
Long Beach Court Convicts Tenant of Grand Theft for Breaching Rental Contract
October 3, 2011 By Greg Hill & Associates
Landlords often complain that when a renter fails to pay rent, there is no way to replace the loss if the tenant is insolvent. After all, one cannot turn back time, replace the tenant with a paying tenant and then “catch up” for the lost rent. The landlord is thus permanently deprived of the rent.
Is an Endurance Athlete’s Fitness a Disadvantage in a DUI Breath Test?
October 3, 2011 By Greg Hill & Associates
On July 5, 2011, a decision was reached in People v. Terry Vangelder (2011 DJDAR 9949). The ruling seems to afford a defendant with large lung capacity and a low hematocrit the right to introduce evidence of these characteristics to show his blood alcohol content may be significantly different (lower) than what a breath machine calculates in a roadside DUI test.
Shoplifting: When It’s a Felony
October 3, 2011 By The Law Offices of Virginia L. Landry, Inc.
Shoplifting is one of the most common theft crimes in the United States today. Depending on the value of the property stolen – it can be charged as a misdemeanor or a felony offense.
When Weapons Are Involved in a Crime They Incur Enhanced Penalties
October 3, 2011 By The Law Offices of John P. Rutkowski
When a weapon is involved in the commission of a crime, it incurs additional penalties. Since weapons have the potential to cause serious bodily harm or death; they are punished more severely.
An Overview of California DUI
October 3, 2011 By The Law Offices of Paul S. Geller
Drinking and driving is a global problem affecting all socio-economic classes. A drunk driving conviction in the state of California will lead to both administrative and criminal penalties for the accused.
How Child Endangerment Can Be Related to DUI
October 3, 2011 By Law Offices of Irwin M. Pollack
Any activity that places a child’s health, safety and wellbeing in danger can be prosecuted as child endangerment. When adults and parents are caught drinking and driving with children inside their vehicle – they can be charged with child endangerment.
Sexual Offenses Lead to Criminal Consequences
October 3, 2011 By The Law Offices of Paul S. Geller
When a person is guilty of committing a sexual offense, they face criminal consequences. In some cases they may be required to register as a sex offender – which can have devastating effects on their personal and professional life.
Drunk Driving Accidents in Massachusetts
October 3, 2011 By Law Offices of Irwin M. Pollack
Alcohol-related collisions are a leading cause of injuries and death in the United States. If you were involved in a drunk driving accident, you have to take immediate action in order to minimize the consequences that you presently face.
Disorderly Conduct Charges Can Be Unjust
September 30, 2011 By Law Office of William K. Bulmer II
Disorderly conduct is one of the most common offenses in the United States. There are times when law enforcement arrests people for disorderly conduct when it isn’t warranted – when this happens they should fight their charges.
Child Endangerment Is a Crime
September 29, 2011 By Tyler & Wilson, LLP
In the state of California, placing a child’s health, safety or emotional well-being in danger is a criminal offense. If a parent or caregiver is convicted they can be sent to prison for up to six years.
Domestic Violence Can Be Wrongfully Accused
September 28, 2011 By Garrison & Associates, PLLC
Domestic violence is a serious nationwide concern affecting every race and socioeconomic class. Unfortunately, it also happens to be one charge that is frequently abused – targeting innocent people who are frequently involved in a bitter breakup or child custody dispute.
Enough Is Enough: Should We Abolish the Death Penalty?
September 28, 2011 By Ferrer Shane, PL
Execution has evolved to become arguably more humane.
Prescription Fraud: A National Health Problem
September 28, 2011 By The Toney Law Firm
The prescription drug market affords many opportunities for abuse – causing it to be one of the fastest growing crimes in the country. For this reason, law enforcement are cracking down on catching and penalizing the perpetrators.
Personal Injury Claims - Assault and Battery
September 27, 2011 By L. Ty Wilson, P.C.
In the event one person injures another in a violent and intentional manner, the victim may likely be entitled to compensation for pain & suffering, medical expenses, and damages suffered as a result of the injury.
U.S. Supreme Court Recently Declining to Create a Forensic Evidence Hearsay Exception
September 26, 2011 By Greg Hill & Associates
In California, if one is arrested for DUI and given a blood test, the blood is tested at a local facility. The laboratory creates a report, wherein an employee of the laboratory certifies that the blood was tested according to certain protocol. The report is specifically created to serve as evidence in a criminal prosecution.
Orange County’s Standard Sex Offender Probation Conditions Are Unconstitutional
September 26, 2011 By Greg Hill & Associates
In the Santa Ana courtroom of Judge David Thompson, Defendant John Moses was convicted of committing a lewd act on a child under fourteen years of age (Penal Code § 288(a). The jury found that Defendant, 24 years old, had engaged in substantial sexual conduct with 13 year old C.C., who he met via a website called VampireFreaks.
Three Strikes Law in California
September 22, 2011 By MacGregor & Collins, LLP
The history explanation behind the California Three Strike Law.
Is a Statute of Limitations Flexible? A Recent Sexual Abuse Case Says It Is
September 22, 2011 By Greg Hill & Associates
Sexual abuse cases are highly emotional cases for not only the defendant, but the victim, too. Often, evidence of sexual abuse or a single act is kept secret by a victim for years because the victim does not want to relive the event or events in describing them to law enforcement.
Retaining Your License After a DUI in Florida
September 21, 2011 By Morris Law Firm, P.A.
After an arrest for DUI, people are understandably anxious about the future of their driver's licenses. Fortunately, there are official processes in which to challenge the driver's license suspension or obtain a temporary license. Learn more about these processes and the associated limitations in Florida.
What Is the Legal Limit for Driving under the Influence of Drugs in Atlanta?
September 21, 2011 By Ford Law Firm
In the state of Georgia, it is illegal to operate a motor vehicle while under the influence of an intoxicating substance that will impair your ability to drive. That includes alcohol, illegal drugs- such as cocaine, crack cocaine, heroin, marijuana, and methamphetamines– as well as prescription drugs.
Bus Aide Implicated in Abuse of Special Education Students
September 19, 2011 By Sheridan & Murray, LLC
Lawsuit filed over allegations of child abuse and molestation by an employee of Ameriken Caring Services, Inc., which was contracted by the Peabody School Department, to transport children participating in school's summer program.
California Drug Crimes
September 16, 2011 By Martinian & Associates, Inc.
As America fights its war on drugs, the state of California invests an enormous amount of manpower when combating the possession, manufacture and distribution of illegal controlled substances. Drug crimes cover a broad spectrum of offenses, and penalties vary depending on the type and amount of the drug involved.
An Overview of Federal Crimes
September 16, 2011 By Martinian & Associates, Inc.
In the United States, criminal offenses are classified as state or federal crimes. These crimes are handled in the federal courts and require a skilled criminal defense attorney who has extensive experience defending clients in both the state and federal courts.
Understanding Health Care Fraud
September 16, 2011 By The Law Office of Michael Mirer, P.A.
Health care fraud is a federal crime that can send a person to prison for up to ten years, and it can cost thousands of dollars in criminal penalties. When professionals are under investigation for fraud they must hire experienced legal representation if they want to have the best possible chances of salvaging their status and their career.
Child Abuse in a Trusted Day Care Setting
September 16, 2011 By Zinda & Davis PLLC
With so many dual-income households and single parents, many parents have no other choice but to entrust their children in someone else’s care. Unfortunately, not all day care facilities provide safe and nurturing care for young children, and when neglect or child abuse threatens the health and safety of a child, their parents may have the legal right to pursue damages in a lawsuit.
Defense against Sex Crime Allegations
September 16, 2011 By The Law Offices of Michael Moran
Sex crimes are extremely serious and are not to be taken lightly. Unfortunately, sex crime allegations are not always founded on fact and are oftentimes false accounts; when this happens, it’s crucial for the alleged suspect to secure legal representation in order to protect against any negative ramifications.
Grand Theft Crimes in California
September 16, 2011 By Okabe & Haushalter
In the state of California, stealing more than $400 worth of property can be prosecuted as a felony offense. A grand theft conviction can have a significant impact on every aspect of a person’s life.
DUI Drug Arrests and California Law
September 16, 2011 By The Law Offices of Nors Davidson
DUI arrests are not limited to driving under the influence of alcohol; they can include both legal and illegal drugs as well. Driving under the influence of drug (DUID) arrests can lead to both criminal and administrative consequences.
Affluence and Teen Substance Abuse
September 16, 2011 By The Koffel Law Firm
Dominant factors in affluent families have proven to have a direct correlation between economic wealth and substance abuse amongst teens. Family dynamics among affluent families creates an environment where teens are more susceptible to substance abuse than some of their less fortunate peers.
Traffic Offenses - United Arab Emirates
September 12, 2011 By Al Rowaad Advocates & Legal Consultancy
Know your rights: 5 criminal laws every Dubai expat should know.
Man Who Received Stolen Property is Criminally Charged
September 9, 2011 By Boston Criminal Defense Group
Last month, a local man in Richmond, VA was criminally charged for receiving stolen property. The charge came after a resident of the 1000 block of Richmond Green Drive claimed that a woman’s 14K gold and blue diamond engagement ring had gone missing. The missing ring was accompanied by another 14K gold diamond ring in ruby that had also mysteriously disappeared.
Teen DUI Increased by Parents’ Drinking
September 9, 2011 By Law Offices of Irwin M. Pollack
Parents may not think they have any influence over their teenager’s behavior, but a chilling recent study suggests the opposite.
Florida Sheriff’s Deputy Arrested for DUI
September 9, 2011 By Katz & Phillips, P.A.
An off-duty deputy who usually makes the DUI arrests of Florida drunk drivers was recently arrested for the same criminal charge in Winter Haven. The sheriff deputy was pulled over on an early Saturday morning in his pick-up truck after his irregular driving pattern caught the attention of a local traffic deputy. The officer was given a field sobriety test which he failed, and he admitted to drinking prior to getting in the car and driving.
Florida Battles over Drug Possession Law
September 9, 2011 By Katz & Phillips P.A.
Arguments over the constitutionality of Florida’s drug possession law are being ignored by judges. The alleged “fatally flawed” ruling is being upheld is a third of all felony cases.
Misdemeanors Are Not Minor in Georgia
August 25, 2011 By Ross & Pines, LLC
Although misdemeanors are less serious than felonies, they do not come without a price. A misdemeanor conviction could cost you jail time, fines, community service and probation on top of a permanent criminal record.
Human Trafficking: A Federal Crime
August 23, 2011 By Kaye, McLane & Bednarski, LLP
Every year, thousands of men, women and children are forced into a modern form of slave labor, otherwise known as “human trafficking.” Human trafficking is a global epidemic, predominantly affecting women and children, forcing them into slave labor and sexual exploitation.
Reporting and Policing Internet Crimes in China
August 21, 2011 By MMLC Group - MMLC Murphy Wang
Internet-related crimes are covered by a number of regulations in China and are becoming increasingly important as e-commerce develops in China. This article looks at the Chinese regulatory authorities that are in charge of investigating Internet-related crimes.
Drinking and Boating Part 1: Yo Ho Ho and a Conviction for Impaired - Canada
August 19, 2011 By Aitken Robertson Professional Corporation
Drink And The Devil Had Done for The Rest Yo Ho Ho And A Bottle of Rum. Boating season is upon is. For some, this is also the start of gin and tonic season. Take note: in Ontario, drinking and boating can cost you your driver's license.
Explaining Violent Crimes
August 14, 2011 By Law Offices of DiRenzo & Weick
Violent crimes involve the use of force or the threat of force; therefore, they are very serious in nature. When an individual has been formally charged with a violent crime in Florida, they are facing the possibility of a lengthy prison sentence, or in extreme cases, the death penalty.
Alcohol and Licensing in Dubai
August 8, 2011 By Al Rowaad Advocates & Legal Consultancy
Know your rights: 5 criminal laws every Dubai expat should know.
The Pros of Avoiding the Field Sobriety Test
August 7, 2011 By The Law Offices of Scott C. Nolan
Police officers seldom advice suspects of their right to refuse a field sobriety test, however, people do have the right to refuse. Refusing a field sobriety test will only reduce the amount of incriminating evidence against you in front of a judge or jury.
Driving with an Invalid License Could Lead to Sanctions
August 7, 2011 By Law Office of Don E. McClure, Jr.
When people drive with a suspended or otherwise invalid license, they will be subject to criminal sanctions in the state of Texas. This means they will be facing misdemeanor charges, fines and further license suspension upon conviction.
DUI Causing Bodily Injury Can Be Charged against the Wrong Person
August 5, 2011 By The Law Office of Chip Siegel, Esq.
Alcohol-related accidents are a leading cause of death in all fatal car crashes. However, it is not uncommon for an innocent driver to be “deemed” at fault when they were in fact innocent just because they had a couple of drinks.
Marijuana Cultivation Is Outlawed in Alabama
August 5, 2011 By Eversole Law, LLC
Unlike some other states, marijuana cultivation or possession is unlawful in the state of Alabama. Although medical marijuana use is progressively growing in popularity, Alabama legislatures have yet to recognize the plant’s medicinal properties and therefore criminalize all reasons for cultivating marijuana.
Explanation of Charges for Conspiracy to Commit Crimes
August 5, 2011 By Hochheiser & Hochheiser LLP
Individuals who partake in a “conspiracy” to commit a crime can be criminally prosecuted – even if the crime never took place. In the state of New York, punishment for conspiracy can range from six months in jail to life imprisonment.
Minnesota's Ignition Interlock
August 5, 2011 By Maury D. Beaulier, Attorney at Law
New laws in 2011, included alcohol interlock devices to shorten revocation/cancellation periods for DWI offenders.
Understanding Federal Sex Crimes
August 5, 2011 By Guy L. Womack & Associates
Certain sex crimes are considered violations under state law and are tried in state court – whereas more aggravated sex offenses can be violations of federal laws. When this happens, the defendant can be facing mandatory minimum sentencing under federal guidelines.
Protection from Abuse Orders Can Be Misused
August 5, 2011 By The Law Offices of John P. Rutkowski
A Protection from Abuse Order (PFA) is a vital tool for domestic violence victims; however, it can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result.
Are Indiana DUI Penalties Harsh? Know What to Expect Before You Get Behind the Wheel
August 5, 2011 By Stark Law Offices, P.C.
Indiana DUI penalties are harsh, even tougher than in many other states. Driving under the influence of alcohol or illegal substances is something that is simply not being tolerated today. Before you decide it's okay to drive after drinking or consuming illegal substances, consider the Indiana DUI penalties you may be facing if convicted on driving under the influence.
Commercial Traffic Violations Can Cost You Your License
August 4, 2011 By Colt Law Firm, P.C.
There were 685,000 traffic tickets issued to commercial truck drivers in 2007 alone. Too many points or even one serious traffic violation can lead to the suspension of your license and the loss of your livelihood.
How to Prevent Summer Drunk Driving in Portland
August 3, 2011 By Shulman DuBois LLC
During the summer months, drunk driving accidents increase. Read here about how to help prevent these accidents by being a responsible drinker, looking out for friends, and reporting drunk drivers.
Drunk Driving Accidents in Massachusetts
August 2, 2011 By Boston Criminal Defense Group
Alcohol-related collisions are a leading cause of injuries and death in the United States. If you were involved in a drunk driving accident, you have to take immediate action in order to minimize the consequences that you presently face.
How Child Endangerment Can Be Related to DUI
August 2, 2011 By Boston Criminal Defense Group
Any activity that places a child’s health, safety and wellbeing in danger can be prosecuted as child endangerment. When adults and parents are caught drinking and driving with children inside their vehicle – they can be charged with child endangerment.
Drug Charges: What You Need To Know
July 31, 2011 By Boston Criminal Defense Group
Drug crimes cover a wide variety of offenses ranging from simple possession to drug trafficking. Penalties for drug convictions will vary depending on the type of drug and the nature of which is was used.
Understanding High School and College Crimes
July 31, 2011 By Boston Criminal Defense Group
High school and college students are very likely to succumb to peer pressure. Unfortunately, giving in to this pressure can inadvertently result in breaking the law which can ultimately lead to conviction.
Criminal Defense Attorney - Detailed Job Description
July 31, 2011 By The Law Office of Robert D. Malove
A criminal defense attorney is responsible for defending individuals who are charged with crimes and felonies. They represent their clients in the court of law and speak on their behalf. They can either be directly approached by a client or designated by the court of law to do so.
The Process of a Will County, Illinois Felony Case
July 30, 2011 By Law Office of Steven C. Haney
A felony is any crime that carries a potential sentence to the Illinois Department of Corrections. The purpose of this post is to discuss the process of a felony case as it moves through the Will County, Illinois court system.
Can I Be Convicted of Impaired Boating for Lying on My Inflatable Duck in My Pool, Drunk?
July 27, 2011 By Aitken Robertson Professional Corporation
The short answer is "no" but you should not do this as your could drown! You could not be convicted of impaired operation of a vessel in these circumstances although you could in slightly different circumstances, so please read on.
Texas Drug Convictions and their Immigration Consequences
July 26, 2011 By Bailey & Galyen
Any Texas drug conviction carries very harsh consequences for Immigration purposes. A conviction for a drug conviction makes you inadmissible to the United States for both entry and permanent residency. Moreover, it also makes you deportable. However, certain noncitizens with one simple possession can avoid some of the harsh consequences.
Help for Those Charged with Property Crimes in Atlanta
July 26, 2011 By The Margolis Legal Group, Inc
Every day, people are charged with property crimes in Atlanta. Burglary is a type of property crime. When somebody enters someone else's property, whether it is forced entry or not, with the intent of committing a felony or theft, it is a burglary.
What Is BAC & How Is It Measured?
July 25, 2011 By MacGregor & Collins, LLP
A short explanation on Blood Alcohol Levels.
Court Supervision - An Illinois Sentencing Option
July 24, 2011 By Law Office of Steven C. Haney
Court supervision is a sentencing option available for the majority of misdemeanor crimes committed in Illinois. Short of beating the case outright, court supervision is the next best alternative.
Illinois Impact Incarceration Program - "Boot Camp"
July 24, 2011 By Law Office of Steven C. Haney
The Illinois impact incarceration program, more commonly referred to as "boot camp", is a program within the Illinois Department of Corrections that allows eligible offenders sentenced to prision the opportunity to significantly reduce their sentence. It is referred to as boot camp because the program is run like a military stye boot camp.
Expunging a Criminal History
July 21, 2011 By Law Office of Steven C. Haney
Anyone who enters the Will County criminal justice system wishes to exit it in a position to erase any evidence of a criminal history. This is accomplished by a court order that allows for expunging a criminal history. An expungement is a total erasing of any indictation that an arrest and court case ever existed.
Avoiding a Drug Conviction in Will County, Illinois
July 20, 2011 By Law Office of Steven C. Haney
Avoiding a felony conviction is the main objective in most felony drug possession cases.
I've Been Arrested for DUI — What Happens Now?
July 15, 2011 By Falk & Ross, PA
Upon arrest, you will be taken to jail, where you may be asked for a breath test. You will be told that if you refuse to submit to the breath test, then you will have your license suspended automatically.
Categories and Associated Presumptive Penalties for Colorado Criminal Misdemeanors
July 15, 2011 By Law Office of Ross Koplin
Denver criminal lawyers, and Colorado criminal lawyers generally, are routinely familiar with the classification system for criminal violations under Colorado state statutes. Colorado state criminal violations are divided into three main categories.
The History of Juvenile Delinquency in the Criminal Justice System
July 11, 2011 By The Law Office of Marshall Geisser
Juvenile delinquency is a national concern that deserves focus at home and in the community. Statistics have proven that taking a rehabilitative approach towards juvenile crime reduces the chances of the juvenile offender returning to prison for future crimes.
Why a Child’s Risk of Unintentional Shooting Death May Be Greatest in the Home
July 8, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
Gun ownership is guaranteed by the Second Amendment and is a fundamental right in the United States. However, along with owning a gun comes responsibility, including storing it in a safe place, out of the reach of children. Unfortunately, far too many children in this country have access to guns, resulting in a high incidence of accidental personal injury and death, especially in the home, as one incident that occurred in California illustrates.
Bail - Canada
July 8, 2011 By Caramanna Friedberg LLP
When a person gets arrested and charged with a criminal offense he has to be either released or held pending the court dealing with the charges. Most people are released pending the outcome of their case. There are many forms of release including a promise to appear, an undertaking, recognizance (with or without deposits), etc. For the purpose of this discussion, all releases will commonly referred to as a "bail".
As Social Media Increases in Popularly, Defamation Rises - Why You May Need a Lawyer
June 29, 2011 By The O'Connor Law Firm
The popularity of social media steadily increases, and the number of users continues to skyrocket. Defamation is a problem that is growing, especially for those in business. People can be vicious, making claims or saying things that are malicious and untrue. Is your reputation or business at risk? You may need a social media defamation attorney to represent you.
New York Marijuana Arrests and the Impact on Child Custody Cases
June 28, 2011 By Bryan L. Salamone & Associates, P.C.
While a marijuana arrest is not the end of the world in a child custody dispute, it must be dealt with - and in some cases it could swing the ultimate custody decision.
Connecticut Rules For The 'Spite Fence'
June 20, 2011 By Hastings, Cohan & Walsh, LLP
Neighborly interactions can be less than neighborly at times.
How Using Social Media Can Harm Your Case
June 20, 2011 By Hastings, Cohan & Walsh, LLP
An innocent "tweet" could cost you big money.
Main results of Justice and Home Affairs Council meeting of 9 and 10 June 2011
June 16, 2011 By Andreas Neocleous & Co LLC
Following the Justice and Home Affairs Council meeting of 9 and 10 June 2011, the Council discussed the political guidelines for the future work of the following issues:
Signs Of Childhood Abuse May Not Always Be Apparent
June 14, 2011 By Rosenfeld Law Offices, LLC
It is not uncommon for children to have scrapes and bruises from learning to walk or playing games. But, many common injuries can also be caused by abuse or neglect. There is no one injury that makes it obvious that abuse is occurring. Instead, it is often the regularity of injuries or location or grouping of injuries that are indicators of abuse.
Survey of Damages in False Claims Act Retaliation Cases
June 8, 2011 By Berg & Androphy
The FCA protects a potential relator from retaliation for “lawful acts done . . . in furtherance of an action under this section, including investigation” and provides “all relief necessary” to make him or her “whole.”
Suppression Hearings known in Minnesota as Rasmussen Hearings
June 6, 2011 By Law Office of Richard P. Ohlenberg
In addition to seeing if the parties you resolve a criminal case prior to the start of trial, other issues are decided by a judge before the start of trial. The most common types of pretrial matters that are heard before trial are issues relating to the admissibility of evidence were there to be a trial.
False Claims Act Penalties
June 2, 2011 By Berg & Androphy
The 1986 amendments set the range of civil penalties for violations of the False Claims Act (“FCA”) from $5,000 to $10,000, in addition to trebling actual damages.
Illegal Occupancy of Land from the Criminal Perspective - Indonesia
June 1, 2011 By Leks & Co
The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times.
The Defense of a Criminal Arson Case
May 27, 2011 By The Law Office of Jeffrey P. Matthews, P.C.
The defense of a charge of criminal arson can be one of the most difficult and challenging tasks for an experienced criminal defense attorney.
False Claims Act Damages
May 25, 2011 By Berg & Androphy
The FCA was enacted to provide restitution to the Government for losses sustained as a result of fraud. The statute authorizes the award of actual damages and civil penalties to ensure that the Government is made whole for losses caused by fraudulent acts.
Possible Legal Consequences for Parents that Allow Underage Drinking in Their Home
May 13, 2011 By JacksonWhite, P.C.
This scenario happens all too often – “cool parents” who think that it is okay to provide their minor children and friends with alcohol.
Search & Seizure Laws in Arizona
May 13, 2011 By JacksonWhite, P.C.
Q: I’ve always wondered what my rights are if a police officer comes to my home and asks to come in. I have nothing to hide but should I let someone with questions enter my home?
New Illinois DUI and Illinois Traffic Laws for 2011
May 10, 2011 By Ramsell & Associates, LLC
New Illinois DUI and Illinois Traffic Laws for 2011
Sex Offenders Facing Increased Vigilantism
May 9, 2011 By LoConto, Burke & Madaio, P.C.
The stigma that comes with being charged with a sex crime can make it difficult for the accused in many aspects. Many of these crimes have received high publicity, meaning many jurors are already familiar with the case before hearing any of the details. While an experienced criminal defense attorney can help in the courtroom, many accused sex offenders are finding that they are facing potentially dangerous situations in the community.
Combating Identity Fraud - South Africa
May 9, 2011 By Eversheds
For many years, South Africans have been victim to fraudulent identity document scams. Why are these so prevalent in our society and how do so many people get away with such fraudulent behavior with seemingly relative ease?
Facebook: Playing a Key Role in Criminal Cases?
May 6, 2011 By D'Amore Law Firm
With more and more people using Facebook and other social media networks on a regular basis, status updates, tweets and messages may prove to serve important roles in criminal cases.
Jehovah’s Witnesses Blamed for Covering up Sexual Predators
April 29, 2011 By The Zalkin Law Firm
With recent media attention being placed on the sexual predators being found in religious organizations and groups, it is no surprise that the members of the Jehovah’s Witnesses are not exempt. Over the past decade, serious allegations have been made regarding an elaborate cover-up by the leaders within the group to shield sexual offenders.
Erratic Driving and Probable Cause: Was Your Fort Myers DUI Arrest Lawful?
April 28, 2011 By Calvo & Calvo, Attorneys at Law
Although the reasonable suspicion standard is lower than probable cause to pull over a vehicle, it is evident that the courts in Florida really look at the totality of the circumstances before deciding whether a traffic stop was lawful or not.
Patriotism Pays: The Civil War Whistleblower Act
April 25, 2011 By The McCabe Law Firm
The Civil War started 150 years ago, and we are seeing books, movies, and re-enactments commemorating the start of that conflict. We also are seeing lawsuits, the origins of which go back to that war and beyond. During the Civil War, President Lincoln urged Congress to pass a whistle blower statute, because of rampant fraud in government contracting, which was hurting the war effort.
Sobriety Checkpoints in Connecticut - Rules and Obligations
April 14, 2011 By Hastings, Cohan & Walsh, LLP
What police must do to make DUI spot checks constitutionally permissible.
Dram Shop Liability in Connecticut and Drunk Driving Accidents
April 14, 2011 By Hastings, Cohan & Walsh, LLP
Obtaining additional compensation in certain cases when hit by a drunken driver.
Community Supervision for Life: an Onerous Consequence
April 13, 2011 By Maynard & Sumner, LLC
Beyond the consequences of Megan's Law (registration with local authorities, Internet registration), those who are convicted of certain sex offenses in New Jersey face another onerous consequence, the special sentence of Community Supervision for Life (CSL).
DOJ Modifies SORNA
April 13, 2011 By Maynard & Sumner, LLC
On January 11, 2011, modifications to the federal Sex Offender Registration and Notification Act (SORNA) took effect. The Department of Justice (DOJ) issued the modifications "to provide guidance and assistance to jurisdictions in implementing the SORNA standards."
Arizona Domestic Violence Offenses
April 13, 2011 By Law Office of John W. Moore, PLLC
Domestic violence charges in Arizona are brought against an individual when there is a crime involving a relative or person living with the accused. Therefore, Arizona domestic violence crimes are not just between husband and wives, but also crimes involving partners, past boyfriends and girlfriends, and people who are dating.
The Impact of Gender on Blood-Alcohol Content in DUI Cases
April 12, 2011 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
A man and a woman drinking the same amount of alcohol will have different BAC levels. The women will generally be higher. The reasons for this are complex, and have a great deal to do with a women's body chemistry.
Legalization of Marijuana and the Prospect of Marijuana DUIs
April 12, 2011 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
While Proposition 19's attempt to legalize marijuana failed in California, the movement is still working to achieve that goal. The sense of the defeat is that it was more at tactical loss than a strategic one. One of the reason given for the failure was bad timing, suggesting that off-term elections, with lower voter turnout, especially among young people.
Period of Limitation in Criminal Cases According to Ethiopian Law
April 11, 2011 By Fikadu Law Office
Do you know about period of limitation? Period of limitation means when one person who can be a plaintiff or a defendant has a time limit for raising or presenting a question.
Domestic Violence in Arizona
April 8, 2011 By Larry G. Ruch, Attorney At Law
The definition of criminal domestic violence in Arizona and domestic violence defense.
Criminal Injuries Compensation Amounts - UK
April 7, 2011 By PHC Law Ltd
This article has been written to provide victims of crime information about how to make a claim for criminal injury compensation and how the scheme works.
The History of Miranda Rights
April 6, 2011 By Law Office of Don E. McClure, Jr.
If you read legal novels or have watched police dramas on TV or the big screen, you may be familiar with law enforcement saying something like, “You have the right to remain silent” when making an arrest. This statement is referred to as a Miranda warning and is required before law enforcement subjects a suspect or arrestee to formal questioning. But where do these rights come from anyway?
To Plea or Not to Plea – Understanding Plea Bargaining
April 6, 2011 By Miller Law Group, PLLC
Plea bargaining is a key part of the criminal process. When a defendant is facing charges for any type of criminal offense, the prosecuting attorney may offer what is called a “plea bargain” or “plea agreement” wherein the defendant agrees to plead guilty or no contest in exchange for lesser charges and/or penalties.
Indiana DUI Penalties and Why You Need a Lawyer
April 5, 2011 By Stark Law Offices, P.C.
Indiana DUI penalties are harsh; if you have been arrested for driving under the influence, it is essential that you consult with an Indiana DUI attorney right away.
Indiana Shoplifting Laws - What You Need to Know
April 5, 2011 By Stark Law Offices, P.C.
Theft or shoplifting charges are taken very seriously in Indiana courts. Even though you may have done something you now regret and know that you are guilty, it is in your best interest to consult with an experienced Indiana shoplifting attorney.
Understanding Charges of Disorderly Conduct
April 1, 2011 By Zabriskie Law Firm
Disorderly conduct is one of the most commonly committed crimes throughout not only the state of Utah, but the entire nation as well. This crime, however, is outlined by vague and general terminology. What exactly does it mean to be charged with disorderly conduct?
Understanding Probation: How It Can Be Violated
April 1, 2011 By Takakjian, Sowers & Sitkoff, LLP
Following a conviction, many courts will slap the criminal with probation. While this is an excellent way to avoid spending an entire sentence in jail, probation can be riddled with complexities. If proper care is not taken, a defendant could be charged with probation violation and facing criminal charges all over again.
Texas and Drunk Driving
March 29, 2011 By Baumgartner Law Firm - Texas Truck Accident
Texas continues to struggle in the fight against drunk driving accidents and has proposed new bills to deal with the epidemic. However, to be effective the battle requires funding for education of teens of the consequences of drunk driving.
Cyber Security Bill: Panacea for Cyber Crimes and Related Practices? - Nigeria
March 27, 2011 By Blackfriars LLP
Stakeholders in Information and Communication sector recently reiterated their commitment to the passage of the anti-cyber crime bill into law.
The Nigerian Money Laundering (Prohibition) Act 2002
March 27, 2011 By Blackfriars LLP
The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking.
Mandatory Ignition Interlock Devices for Los Angeles County DUI Offenders
March 24, 2011 By Law Offices of Loren M. Merlin
Assembly Bill No. 91 has established a pilot program in Los Angeles County that requires a person to install an ignition interlock device for a specified period of time in order to receive a restricted driver’s license or to have his or her license reinstated following a DUI-related suspension or revocation.
Pennsylvania Driver's License Suspensions and D.U.I. Cases
March 19, 2011 By Steven R. Tabano and Associates
The Pennsylvania Department of Transportation (PennDot) suspends a persons driver's license after conviction for a D.U.I. or for a refusal to submit to chemical testing. Each person who drives in the state of Pennsylvania is deemed to have given his or her consent to chemical testing upon a lawful request. Refusal to submit to chemical testing carries a driver's license suspension of at least 1 year.
The North Carolina Racial Justice Act
March 17, 2011 By Law Office of Kurt R. Willems
The Racial Justice Act, N.C. Gen. Stat. § 15A 2010, et. seq., passed by the North Carolina legislature in 2009, is important to maintain the legitimacy of our state’s criminal justice system.
Heroin Use Increasing among Utah Teens
March 15, 2011 By Law Office of Steven DuBreuil
Low cost, savvy marketing and easy availability have made heroin the recent drug of choice for youths around the country, including Utah's Wasatch Front. Police have been alarmed by the level of sophistication involved in the drug rings, and the young age of the clientele.
Controversy Surrounding "No Refusal" Policy for DUI Suspects
March 15, 2011 By Law Office of Steven DuBreuil
Traditionally on New Year's Eve partygoers like to have a champagne toast to ring in the next year. For many, celebrations and drinking with friends and family continue long into the evening.
Montel Williams Fighting for Medical Marijuana Laws
March 15, 2011 By Law Office of Steven DuBreuil
Montel Williams, former talk show host, passionately advocated to lawmakers about the need for the legalization of medical marijuana in Maryland. For years, Williams has suffered from excruciating neuropathic pain because of multiple sclerosis. He has found marijuana to be the only drug to alleviate his suffering.
Prop 19 Failed: What Now for the Legalization Movement?
March 15, 2011 By Reddin, Singer & Govin, L.L.P.
With the failure of Proposition 19 - a vote to legalize marijuana in California - the movement that worked for that legalization is reassessing.
California Voters Consider Legalizing Marijuana
March 15, 2011 By Reddin, Singer & Govin, L.L.P.
On Nov. 2, California voters will take to the polls to decide upon a controversial ballot initiative, the legalization of marijuana. Under Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010, various marijuana-related activities would be legalized under state law and local governments would be authorized to collect taxes related to marijuana.
Sex Offenses Abroad Can Be Penalized in The United States
March 15, 2011 By Patrick Artur & Associates
In many cases, a country's ability to prosecute crimes is restricted by the principal of sovereignty. The United States has the right to prosecute alleged crimes within its borders, and other countries have the same rights. However, as one man recently learned, this is not always the case.
Penalties for Sex Offenses in Pennsylvania Continue to Escalate
March 15, 2011 By Patrick Artur & Associates
In October, Gov. Ed Rendell signed into law a bill that enforces tougher penalties for so-called "grooming offenses" - i.e. when a person in a position of authority commits a sex offense against a person in their trust. The law targets those who have mentoring relationships with minors, like teachers, clergy members and police officers, for example.
DUI FAQ - To Blow or Not to Blow
March 14, 2011 By Denmon & Denmon Trial Lawyers
Talk to any DUI attorney, and they’ll probably tell you that the question they get asked the most is whether one should blow or not into a breathalyzer machine. They’ll also tell you that the answer they most often give is that there’s no absolutely right or wrong answer to such a question.
Drunk Driving and the Individual
March 14, 2011 By Hull & Zimmerman, P.C.
When a person chooses to drive drunk, they put themselves and other individuals in serious danger of being injured or killed. Thousands of people are harmed each year in drunk driving accidents that could have been avoided if the intoxicated driver had chosen to take a taxi, had a designated driver, or waited to sober up.
The Weaknesses of the Mauritian Banking System
March 10, 2011 By Wortels Lexus
The figures brought forward by our economists and the various statistics demonstrate the brightness of the banking sector in Mauritius. International and local papers usually praise such performance by using the figures as common denominator. On the other hand, is there anybody caring of the well being of the banks’ customer ?
The Law on Guns and Felons
March 5, 2011 By John T. Floyd Law Firm
Texas legislature pushing to allow concealed guns on college campuses, penalties for felon in possession increase.
Police Misconduct: a Growing Epidemic?
March 5, 2011 By John T. Floyd Law Firm
Houston Police Department, Harris County law enforcement gaining national reputation for police abuse and misconduct.
The Computer Is a Crime Machine
March 5, 2011 By John T. Floyd Law Firm
Computer crimes and prosecutions on the rise: cyber espionage, theft of corporate trade secrets and identity fraud continue to increase.
The Purpose of Reasonable Doubt in Criminal Trials
March 5, 2011 By John T. Floyd Law Firm
Prosecutorial, police misconduct lead to wrongful conviction unsupported by evidence.
Cell Phones, Texts Not Safe from Police Searches
March 5, 2011 By John T. Floyd Law Firm
Fifth Circuit: U.S. Court of Appeals allows search of cell phone text messages without warrant, after arrest.
The Innocence Percentage
March 5, 2011 By John T. Floyd Law Firm
46,000 innocent lives destroyed by false allegations, wrongful convictions.
What Is Reasonable Doubt?
March 5, 2011 By John T. Floyd Law Firm
Another tool for preventing wrongful convictions: Texas needs a statutory definition of reasonable doubt.
Self-Incrimination in Your Pocket
March 5, 2011 By John T. Floyd Law Firm
California Supreme Court allows search of data stored on mobile phone without warrant.
Excessive Fines: Property Forfeiture in Child Pornography Cases
March 5, 2011 By John T. Floyd Law Firm
Courts stretch logic and allow government land grab in child porn case.
The Corruption of FISA
March 5, 2011 By John T. Floyd Law Firm
Government avoids 4th Amendment requirement of probable cause.
Texas Community Supervision Revisited-Probation
March 5, 2011 By John T. Floyd Law Firm
Legislative rush to punish “sex” offenders removes punishment alternatives, probation, unnecessarily increases prison overcrowding.
Defending against Juror Bias in Sex Crimes
March 5, 2011 By John T. Floyd Law Firm
Voir Dire, inability to consider full range of punishment: proper objection and practice to preserve error for appeal.
The Constitutional Quicksand of Jessica’s Law in Texas
March 5, 2011 By John T. Floyd Law Firm
Texas Penal Code 21.02, continuing sexual abuse of a child, thwarts long established requirement of unanimous verdicts.
Hospice Fraud in South Carolina and the United States for Whistleblowers, Employees and Lawyers
March 1, 2011 By Joe Griffith Law Firm, LLC
Hospice fraud is a growing problem in South Carolina and the United States. Medicare and Medicaid fraud in the hospice setting can be the subject of False Claims Act claims by qui tam whistleblowers. The federal False Claims Act, 31 U.S.C. §§ 3729-3732, authorizes false claims suits for fraud against the government, also known as qui tam or whistleblower suits, against their employers on behalf of the United States.
Laws for a Pedestrian Stop
February 25, 2011 By Falk & Ross, PA
Many criminal charges after an accident are associated with violations of Florida pedestrian laws.
Arizona Narrowly Approves Medical Marijuana
February 24, 2011 By The Baker Law Firm, LLC
Arizona voters approved, by the slimmest of margins, the legal use of marijuana to treat serious and life threatening injuries and diseases.
Southwest Arizona's Welton Station Catches Much of the Pot Trade
February 24, 2011 By The Baker Law Firm, LLC
On Thanksgiving Day 2010, Customs & Border Protection (CBP) agents pulled a pickup truck over at the Wellton Station, a CBP station located on Interstate 8, about 40 miles east of the California border. The pickup had been flagged by the CBP's canine team, and it proved to be correct - agents found marijuana with an estimated street value of $90,880 hidden in the door panels, the back seat, and the truck's ceiling.
Arizona Task Forces Arrest over 1,340 Drivers for DUI
February 24, 2011 By The Baker Law Firm, LLC
Two Arizona cities received failing grades in a 2010 Men's Health article titled, "America's Drunkest Cities." Tucson came in at number 9, with an F, and Phoenix fared only marginally better at number 18, with a D-. The self-proclaimed statistical sobriety checkpoint took into consideration data on from the Centers for Disease Control and Prevention, the Fatality Analysis Reporting System (FARS), the FBI, and the Insurance Institute for Highway Safety.
Penalties for DWI in New Jersey
February 21, 2011 By Randolph Wolf, Esq
Understand the penalties you will face if you are charged with a DWI in New Jersey.
DUI-Related Car Accidents Caused by Teens and Repeat Offenders
February 18, 2011 By Mesriani Law Group
Driving under the influence of drugs or alcohol (DUI) is a huge road safety problem and there are two groups in particular, that show a high risk for doing so. “Hard-core drinking drivers” and teenagers have substantially higher crash risks than any other group.
Georgia DUI Law Summary: DUI Less Safe vs. DUI Per Se
February 18, 2011 By Allen M. Trapp, Jr., P.C.
In order to be convicted of DUI, the prosecution must prove that you were driving or in actual physical control of a moving vehicle. In DUI cases, the burden is on the State to show that the arresting officer had a reasonable suspicion for stopping or detaining the vehicle. There are different ways of committing DUI: DUI less safe and DUI per se. Let’s examine the difference between the two.
Sentencing in Arizona: What Does Time off for Good Behavior Really Mean?
February 16, 2011 By Law Office of Vladimir Gagic, PLLC
Sentencing law in Arizona can be very confusing. What makes it even more confusing is some people are not sure when the will get out, and how much earlier they could get out if they behave well. What exactly does time off for good behavior really mean? What is early release?
Arizona Driving under the Influence of Drugs- ARS 28-1381(A)(3)
February 15, 2011 By Law Office of Vladimir Gagic, PLLC
Why is does Arizona believe that driving the influence of an inactive metabolite- which is obviously a contradiction- is a crime?
The Difference between the MVD Administrative Suspension and the Court Ordered Suspension for DUI
February 14, 2011 By Law Office of Vladimir Gagic, PLLC
In Arizona, when someone is stopped and arrested for drunk driving, there is more than just the criminal process to deal with. There is also an administrative or MVD license suspension issue as well.
How an Indiana DUI Lawyer Can Change The Outlook of Your Future
February 7, 2011 By Stark Law Offices, P.C.
A caring Indiana DUI lawyer would be quick to tell you that there are some things you should never do when charged with driving under the influence. These are common mistakes, but mistakes you want to avoid nevertheless.
Teen Heroin Use
February 7, 2011 By Rudolph F.X. Migliore, P.C.
The nightmare of heroin use on Long Island continues unabated. You need to look no farther than the pages of Newsday story to see the results of the record amount of heroin abuse and overdoses. Families, lives and dreams are being destroyed every day through the ongoing addiction. Horrifically, there seems to be a continuous flow of new users of this terrible drug.
How Do I Choose a D.U.I. Atorney?
February 6, 2011 By Shawn R. Dominy, Attorney at Law
This articles discusses criteria for choosing an attorney for a D.U.I. case.
Female Drunk Drivers: An Increasing Trend in DUI Accidents
February 5, 2011 By Mesriani Law Group
The Insurance Institute for Highway Safety (IIHS) has reported that while men accounted for a higher proportion of drivers with blood alcohol concentrations at or above .08 percent as well as who are involved in fatal crashes, the number of women who drive drunk are substantial. Statistics show that in 2009, 22 percent of female driver involved in fatal passenger vehicle accidents had a BAC at or above .08 percent while 16 percent had BACs more than twice the legal limit.
Florida’s Epidemic with Prescription Drug Overdoses
February 3, 2011 By Moses and Rooth, Attorneys at Law
Prescription drugs are becoming more abused then illegal drugs. People do not seem to understand the dangers of these drugs nor the legal implications of their abuse.
Florida's Amnesty Program
February 3, 2011 By Moses and Rooth, Attorneys at Law
Having a habitual traffic offender status on your license has an effect on your ability to drive for five years. Florida has started an amnesty program which allows qualified people to get their license back.
Accidents Caused by Drug-Impaired Drivers and Injury Victims' Rights
January 27, 2011 By Estey & Bomberger, LLP
According to the National Survey on Drug Use and Health, an estimated 10.1 million people drove under the influence of illicit drugs between 2006 and 2009. Driving under the influence of any drug has potentially catastrophic consequences.
Should I Represent Myself In A D.U.I.?
January 27, 2011 By Shawn R. Dominy, Attorney at Law
If you are charged with a D.U.I., do you really need to hire an attorney, or can you just represent yourself (proceed “pro se”)?
Should I Contest My D.U.I.?
January 27, 2011 By Shawn R. Dominy, Attorney at Law
So you’ve been charged with a D.U.I., and you’re wondering if you should contest it or just plead guilty at the first court appearance (the arraignment).
Sobriety Checkpoints in Florida
January 25, 2011 By Falk & Ross, PA
Sobriety checkpoints in Florida are one of the state’s methods of cracking down on DUI in Florida. If your vehicle was improperly searched, your DUI charges may be deemed invalid.
Invalid Stop as a DUI Defense
January 25, 2011 By Falk & Ross, PA
Most people think the police can stop you without reason, but they need to prove they had reasonable suspicion to do so. With the right Florida DUI defense, an invalid stop could throw out your conviction.
DUI Penalties When Driving a Commercial Vehicle
January 25, 2011 By Falk & Ross, PA
Commercial drivers must follow all standard traffic laws, plus additional restrictions. You may be accused of DUI penalties in a commercial vehicle for a lower BAC level than passenger vehicles.
No Right to Police Protection in the United States
January 25, 2011 By Advanced Investigative Technologies, LLC
The author explains case law from the United States Supreme Court describing that citizens do not have the right to police protection.
Drunk Driving Accident Victims’ Legal Rights
January 22, 2011 By Estey & Bomberger, LLP
The consequences of drinking and driving are far reaching.
Fraud Identification
January 19, 2011 By Able Legal Investigations, Inc.
Fraud is defined as a type of illegal act in which the perpetrator obtains something of value through willful misrepresentation.
California eDiscovery & Electronically Stored Information
January 17, 2011 By The Law Offices of Michael J. Holmes
Technology continues to integrate itself into virtually all aspects of our lives. Whether professional or personal, everything from e-mail, to social networking, to voice mails and other digitally based exchanges of information take place with increasing regularity. No matter what your station, technology is tied to our culture. The American Legal System takes measures (both proactive and reactive) to adapt so that rights and privileges are not compromised for organizations or individuals.
Alcohol Related Personal Injury Cases: DUI in Cars, Bikes, and Boats
January 14, 2011 By Mesriani Law Group
DUI or driving under the influence, is an offense commonly associated with drinking and driving on the road. This is however, a misconception that has led many people into legal trouble or accidents because of their lack of knowledge or awareness of it.
How Will a DUI, Felony or Misdemeanor Affect My Nursing Licence?
January 14, 2011 By Law Offices of Thomas Greenberg
Does a nurse need to report felonies and misdemeanors not directly related to the practice of the profession, such as DUIs?
Federal Government Wants Easy Access to Wiretap Internet Communication
January 14, 2011 By The Law Office of Corey I. Cohen
The Obama administration has requested new regulations that would permit the obtaining of “wiretaps” for Internet communications. The regulations would require that communication providers allow wiretaps of their Internet.
Criminal Liabilities for Illegal Fundraising in China
January 12, 2011 By Guo Lian PRC Lawyers
In China, raising funds from public must be conducted strictly in accordance with laws to avoid criminal liabilities. China’s Criminal Law (1997) criminalize some public fundraising conducts and imposes severe criminal punishments on violators.
What Should You Do if You Are Pulled over on Suspicion of Driving under the Influence?
January 10, 2011 By Hanlon & Rief
Legal advice about what to do if you are pulled over on suspicion of drunk driving.
2011 Illinois DUI Sentencing Guide
January 7, 2011 By Ramsell & Associates, LLC
The penalties for Illinois DUI laws and arrests in 2011 have increased again. The following Illinois DUI Sentences Guide is helpful, but caution should be employed.
How to Handle Being Stopped for DUI in Rhode Island
January 6, 2011 By Law Offices of James E. Smith
Every year thousands of motorists are stopped and charged by police with DUI/DWI and/or Breathalyzer Refusal. Learn how to maximize your defense from the moment you are stopped.
Proposal to Reform New York DWI Laws Would Do Harm
January 6, 2011 By Greenspan & Greenspan
Brendan Tully, a Democrat who ran for a seat in the state assembly, proposed a fundamental change in New York DWI law. Specifically, the proposal was to amend the law so that drivers charged with DWI are no longer allowed to plead to a lesser charge that is at the level of a traffic infraction. Although Tully did not win a seat in the Assembly, the proposal he put forward could come up again. Its flaws should therefore be confronted.
Lack of Standard for Drugged Driving in New York Affects Enforcement
January 6, 2011 By Greenspan & Greenspan
The breathalyzer has become the most well-known tool in the fight against drunk driving. But what about drugged driving? No single device has yet been created to test a person for all of the drugs that might impair a driver. Some field tests of saliva have been developed that test for marijuana, cocaine, and other drugs. But even if drugs are detected in a person's system, the laws of many states do not currently have established standards for what constitutes "drugged driving."
Different Sentences in Similar Cases under Leandra’s Law
January 6, 2011 By Greenspan & Greenspan
Leandra's Law, which went into effect in December of 2009, carries severe penalties for driving while intoxicated or under the influence of drugs if there is a passenger in the car under the age of 16. The law was named for an 11-year-old New York girl who was killed when the car she was riding in crashed. The driver of the car, who had been drinking, was the mother of a friend of Leandra's.
Leandra’s Law Targets Drugged Drivers as Well as Drunk Drivers
January 6, 2011 By Greenspan & Greenspan
Leandra's Law received considerable media attention when it was signed into law nearly a year ago, making New York one of the toughest states on drunk driving. Since then, news accounts have been consistently full of reports of arrests and charges under the new law, which makes it a felony to drive drunk or under the influence of drugs with a child under 16 in the vehicle.
The Role of ‘Parent Party Patrols’ in Controlling Teen Drinking
January 6, 2011 By Greenspan & Greenspan
Concerned parents are teaming with police officers to try to curb underage drinking. Together in cities and towns nationwide, police and parents form what are known as "parent party patrols."
By the Numbers: New York Ranks Low in Drunk Driving Offenses
January 6, 2011 By Greenspan & Greenspan
In a recent study of the number of drunk driving offenders in the country's 20 largest cities, New York City ranked 17. According to Insurance.com's data, New York has fewer drunk drivers than major cities in California (San Diego, San Jose, Los Angeles and San Francisco) and Texas (Austin, San Antonio, Dallas, Houston and Fort Worth).
Traffic Stops, Field Sobriety Tests and New York Motorists
January 6, 2011 By Greenspan & Greenspan
If you've ever been pulled over by a New York police officer while you were driving, you may wonder why the officer made that choice. The law says that police officers who pull over motorists must have clear reasons for doing so. They must be able to tell the court why they made the stop if the case goes to trial.
The 'Same Wrongdoer' Defense in Check Fraud Litigation
January 3, 2011 By Sally & Fitch LLP
An overview of the "same wrongdoer" rule, an important defense that is available to banks in such cases under the UCC as adopted in Massachusetts.
Driving After Dark or DUI: Which Poses the Worst Danger for Teen Drivers?
December 29, 2010 By Rittgers & Rittgers
Everyone knows that teen drivers are more likely to be involved in accidents, and statistics have long shown that motor vehicle accidents are the primary cause of death among young people. But how do the various dangers that escalate teen accident rates compare?
Prescription Drugs and DUI: Challenges to Prosecution of Suspects
December 29, 2010 By Rittgers & Rittgers
Drugged driving cases involving prescription drugs are often dependent on an officer's subjective assessment of the driver's intoxication.
Steps in Check Bounce Matters in India
December 28, 2010 By Hemanth & Associates
Careful reading of the Section 138 of the Negotiable Instruments Act, 1881 provides the steps that is required to be followed with regard to the dishonor of the check for insufficiency, etc., of funds in the account.
Ways to Help Prevent Identity Theft
December 27, 2010 By Law Offices of Vernon H. Smith III
How to fight back against Identity Theft.
How to Explain Away DNA at a Crime Scene
December 23, 2010 By The Chetson Firm, PLLC
Let’s assume that a lab has come back with a report that a person’s DNA was found at a crime scene, and let’s assume that the technician at the lab hasn’t committed some kind of fraud. For instance, let’s assume that the technician hasn’t falsified the results. What could explain a person’s DNA at a crime scene if that person was really and truly not the person who committed the crime.
Sentencing Factors in NC DWI Law
December 23, 2010 By The Chetson Firm, PLLC
North Carolina's Driving While Impaired (DWI) statute defines the standard DWI as a misdemeanor, but uses its own, somewhat complicated, system to determine sentencing level. In this way, NC's DWI statute differs from other misdemeanors which use North Carolina's Structured Sentencing system.
How Forensic DNA Is Collected, Extracted, and Profiled
December 23, 2010 By The Chetson Firm, PLLC
DNA forensic analysis has come a long way since it was first developed in the early 1980s and commercially available in the late 1980s. Improvements in collection, quantification, and amplification techniques have meant that forensic technicians – the men and women employed by places like the State Bureau of Investigation – are now able to develop DNA profiles from relatively small amounts of biological evidence collected from a crime scene.
Insufficient Probable Cause - Anatomy of an Arrest in Florida, Part II
December 22, 2010 By Garry L. Potts, P.A.
Without sufficient probable cause for an arrest in Florida, a case can be either dropped by the police or turned over to the State Attorney's Office for further investigation. A State Attorney investigation is a good time to have your attorney communicate your side of the story to the prosecutor, before a decision is made to charge your case.
Nassau County Crime Lab Put on Probation for Violations
December 22, 2010 By Brill Legal Group, P.C
During a recent inspection, the Nassau County, New York, police crime lab was found to have a whopping fifteen issues of noncompliance with accepted standards of crime lab procedures. The issues were enough of a concern for the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) - the crime lab's accrediting agency - to place the crime lab on probation for one year.
New Law Changes Mandatory Minimums, but More Must Be Done
December 22, 2010 By Brill Legal Group, P.C
On August 3 of this year, President Obama signed legislation changing the federal mandatory minimum sentences for crack cocaine, bringing them closer to that of powder cocaine. The new law repeals older legislation passed in the 1980s, when many saw crack as a growing epidemic that could devastate urban areas. At the time, the earlier laws had the support of many African-American lawmakers and leaders, but the fallout from those laws has been that of unfair bias against urban blacks.
Can Cough Medicine Lead to a DWI?
December 22, 2010 By James M. Wagman
Blowing in on winter's chilled winds is cold and cough season. To ease the coughing, chills, fever and runny nose of a cold, many turn to over-the-counter cold and cough syrups. It should be remembered, however, that many of these syrups contain alcohol or diphenhydramine and could affect the taker in ways that were unanticipated.
Recap of Massachusetts Rules Regarding Sexually Dangerous Persons
December 22, 2010 By LoConto, Burke & Madaio, P.C.
New rules proposed in Massachusetts would dramatically impact convicted sex offenders post-release. As the rules currently stand, once a sex offender is about to be released, the state can request proceedings to determine if the offender is a sexually dangerous person.
HIV Transmission: Public Health Tragedy or Sex Crime?
December 22, 2010 By Adam Boyd Bleile
The stigma of a sex crimes conviction can be overwhelming. Merely being charged by authorities with public indecency, sexting, rape, molestation or another offense can severely disrupt a life, career and relationships. But imagine if the crime in question was based on accusations of knowingly infecting another person with AIDS?
Our Fifth Amendment Right against Self Incrimination: A Misunderstood Right Explained
December 17, 2010 By Law Offices of James E. Smith
The author publishes this piece on our Fifth Amendment Right against self incrimination.
Investigation & Interview - Anatomy of an Arrest in Florida, Part I
December 14, 2010 By Garry L. Potts, P.A.
To be the target of a criminal investigation and subsequent arrest for criminal charges can be one of the most devastating, anxiety-producing events one can face in life. Whether it results from a mistake or not, to find oneself in the total control and custody of the authorities with no freedom or privileges can be an overwhelming nightmare for those who do not understand the criminal justice system and have no idea what is going to happen once they are placed under arrest and handcuffed.
Super Extreme DUI, Super Extreme Penalties
December 13, 2010 By The Baker Law Firm, LLC
In Arizona, a conviction for Super Extreme DUI, while still a misdemeanor, will carry penalties that are more severe than some felonies.
California Medical Marijuana Laws
December 8, 2010 By The Law Offices of Michael J. Holmes
Medical Marijuana is the topic of many conversations across all the country, let alone California. Included in those conversations are many cases of erroneous information. Below is a guide.
Licensing Clerk: Your Employee Steals Open Checks, Who is Liable? - Israel
December 8, 2010 By Gill Nadel Law Offices
Recently, the Magistrate's Court of Tel Aviv discussed the liability of an employer for theft committed by one of his employees, of checks of the customs representation company.
Uncovering Your Criminal Record
December 7, 2010 By Falk & Ross, PA
If you have a criminal background, you probably want to know what's on your record. Here is how to find your Florida record, and what to keep in mind while doing so.
What to Do if You Get a DUI?
December 6, 2010 By Garry L. Potts, P.A.
Discusses a strategy to use for the potential client who has either been stopped by police and mistakenly suspected of driving under the influence of alcohol or drugs, or whose bad judgment has led them to be the focus of a DUI investigation.
Pennsylvania Field Sobriety Testing
December 6, 2010 By The Law Offices of Basil D. Beck, III
In Pennsylvania, an officer often conducts field sobriety testing prior to asking a driver to submit to a roadside breath test and making an arrest, whether the driver is suspected of intoxication during a traffic stop, sobriety checkpoint or saturation patrol.
Combating against the Financing of Terrorism in Turkey
December 2, 2010 By ADMD Law Office
By means and tools of the global information age, terrorist organizations are broadening their reach in gathering financial resources to fund their operations. The proliferation of terrorist websites link for addresses for contributions is at least circumstantial evidence of their usefulness.
Things to Keep in Mind if You're Pulled over
December 1, 2010 By Tager Law Firm, P.A.
If a police officer suspects you may be inebriated, he will pull you over. Would you know what to say and do?
The Juvenile Court Process Explained
December 1, 2010 By Law Offices of Jason Volet
Children don't always understand the consequences of their actions. As a parent, the best way to support your child through court hearings is to know and understand how they work. Here is a brief guide for concerned parents seeking to better know what to expect with their son or daughter's case.
Should You Just Plead Guilty?
November 30, 2010 By The O'Connor Law Firm
It's hard to know what to do when you are charged with driving under the influence - which is why you should contact a reputable Kansas City DUI attorney, even if it is simply for a consultation.
Profiting from Distress: Telemarketing Fraud Plagues the Economic Downturn
November 29, 2010 By Joseph C. McDaniel, P.C.
Not every financial scammer operates on the level of a Bernie Madoff, but they all take advantage of good people and drain energy from our economy when it's needed most. Persistent telemarketers exploit vulnerable people who are trying to get ahead by selling them on worthless work-from-home business opportunities, bait-and-switch credit relief, or risky Ponzi schemes.
The Dangers of Internet Crimes
November 22, 2010 By Law Offices of Jason Volet
Cyber criminals persist year after year. It's important to understand cyber crimes, not only how they can affect you, but also what happens if you commit one.
Business Fraud
November 21, 2010 By The Kelly Law Firm, L.L.C.
We all know the old saying: If something sounds too good to be true, it probably is. But these are hard economic times, and if you're a business owner and that something is a scheme claiming it can put dollars in your pocket, you may be tempted to bite.
States Target Craigslist for Adult Services Ads
November 18, 2010 By Roberts Law Group, PLLC
In late August, law enforcement officials in Florida arrested 44 people after conducting statewide prostitution stings on websites like Craigslist.org and Backpage.com, where visitors can place and respond to personal, adult ads.
Child Pornography through a Computer Virus?
November 18, 2010 By Roberts Law Group, PLLC
Can child porn really find its way to your computer without your knowledge? While police and prosecutors are skeptical, alleged pedophiles often claim that a computer virus deposited illegal pictures or video on their hard drives.
Important Distinctions Between Types of Theft
November 17, 2010 By Law Offices of Jeremy F. Rosenthal
The difference between robbery, burglary and theft seems slight, but when it comes to your criminal record, has some very important distinctions. Learn more about the types of theft, and their consequences.
Canadian Man Sentenced to 20 Years for Kidnapping and Murder-for-Hire Plot
November 15, 2010 By David Yannetti Attorney at Law
Nicholas Djokich, after being convicted of conspiracy to commit kidnapping and murder in federal court in Boston, was sentenced to 20 years in prison. His co-defendant, Eginardo DeAngelis was found "not guilty" of both indictments by the same jury.
What to Do if Stopped for Shoplifting in Indiana
November 12, 2010 By Stark Law Offices, P.C.
The economy continues to falter, businesses are looking at any and all ways to tighten their belts in an attempt to stay profitable. While it has become more difficult for retail stores to get people within their stores it has now become more a focus of business to control what merchandise is coming out of their stores.
Child Molesters & Miranda Warnings
November 10, 2010 By Palumbo & Renaud
The New Jersey Supreme Court recently held that police were not required to repeat Miranda rights to a child molester during the custodial interrogation which resulted in his arrest.
Supreme Court Rules No Life Sentences for Florida Juveniles
November 9, 2010 By Garvin Law Firm
In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole. This leaves Florida in a dilemma: it has no parole system. It was eliminated in 1983, on the reasoning that too many former inmates were committing serious crimes after being released early. Now, the state reviews only cases before 1983.
Do Field Sobriety Tests Help or Hinder?
November 8, 2010 By The Martin Walker Law Firm, LLC
Would you know your rights if you were pulled over? Not everyone does. Learn more about how refusing the field sobriety tests might affect you, and how to interact with the police.
Megan's Law: The Sex-Offender Registry in New Jersey
November 8, 2010 By Maynard & Sumner, LLC
In 1994, the Registration and Community Notification Laws (RCNL), more commonly known as Megan's Law, was enacted in response to the public's demand for more information on the identity and residence of previously convicted sex offenders who are considered a possible threat to the safety of others in the community.
A Short Guide to Record Expungement
November 8, 2010 By The Martin Walker Law Firm, LLC
A criminal record can be a burden. What is record expungement, and how does it help? Learn more.
Medical Marijuana and the California Workplace
November 3, 2010 By Bononi Law Group, LLP
California will be casting votes on Proposition 19, which would legalize marijuana. If approved, local municipalities would be able to pass their own marijuana laws and collect taxes on sales. The measure is designed to help California raise additional revenue. The effect on California workers is still in question.
The Whistleblower with a Prison Sentence
November 3, 2010 By Bononi Law Group, LLP
In 2007, the Internal Revenue Service increased the size of the awards it gives to people who provide tips that lead to the collection of unpaid personal and corporate taxes. The bigger awards - between 15 and 30 percent of the total collected - opened the floodgates for whistle-blowers. What had been just a trickle of calls annually to the IRS grew to dozens per month.
Non-Alcoholic Reasons Behind DWI Arrests
November 3, 2010 By Law Offices of John Herrick
It's not just alcohol anymore that can lead to a Driving While Intoxicated arrest. Here's a short guide to how medications can be responsible, and how to ensure you steer clear of the dangers.
What Can You Expect In A Criminal Court Proceeding?
November 2, 2010 By Tager Law Firm, P.A.
Have you been arrested for driving under the influence, and are worried about what might happen in court? If you're unfamiliar with how court proceedings work, learn more here.
Florida’s Popular, but Controversial, Concealed and Carry Law
October 15, 2010 By The Law Office of Corey I. Cohen
John Lott, a proponent of concealed and carry laws, takes issue with a recent report from the Brady Campaign and the Violence Policy Center, which characterizes Florida as a hotbed of violence committed by persons with concealed a carry licenses.
What Is an Expungement, and Do I Qualify for One?
October 11, 2010 By Law Office of Carolyn Agin Schmidt
An expungement is the sealing of all records or, in some cases, the return of records that one may have as a result of having been arrested or charged with a crime. In this article, the author explains expungements.
When Ever-Expanding Penalties for Sex Crimes Create Injustice
October 7, 2010 By Patrick J. McLain
In its recent decision in the case of U.S. v. Comstock, the U.S. Supreme Court upheld a federal statute allowing the indefinite detention of those the statute refers to as sexually dangerous predators.
Texas Experiments with Specialty Courts
October 7, 2010 By Patrick J. McLain
The criminal justice system has not been working; at least, it is not working for all people in all circumstances. The system is strained by repeat offenders who recycle through the system, as some have come to believe, due to unique issues that have not been addressed.
New Jersey Murder Conviction Overturned Due to Ruling on Polygraph Evidence
October 7, 2010 By Iler Law Firm
A New Jersey man recently obtained a reversal of his conviction for a 2002 homicide after he successfully petitioned for post-conviction relief. Aswad Charles, who was serving forty five (45) years to life in jail, will remain in prison pending the state's appeal of the Superior Court judge's decision.
Ohio Parochial School Principal Accused of DUI
October 7, 2010 By Rittgers & Rittgers
People accused of DUI in Ohio should consider all of the consequences of a high profile arrest and prosecution.
The Judgments of Judges Questioned in New York DWI Cases
October 6, 2010 By James M. Wagman
Recently released statistics are making headlines in New York, as an analysis of driving while intoxicated (DWI) conviction rates by the Democrat and Chronicle in Rochester has revealed some surprising information.
Ohio Supreme Court Puts the Brakes on Criminal Statues of Limitations
October 6, 2010 By Adam Boyd Bleile
In a July decision, the Supreme Court of Ohio held that a state law that stops criminal statutes of limitations from running during a period when the accused has purposely avoided prosecution must be applied to all other crimes allegedly committed by that person. This is true regardless of whether the defendant had been indicted for the other crimes or the alleged activity had been discovered at the time of the defendant's flight from justice.
New Jersey’s DWI in a School Zone
October 5, 2010 By Randolph Wolf, Esq
Under New Jersey’s DWI law, harsher penalties will be imposed if a DWI offense occurs while in a school zone.
Florida Law Attempts to Reign in Pain Clinics
October 4, 2010 By Garvin Law Firm
According to the Centers for Disease Control, overdose deaths from painkillers are rivaling the No. 1 killer, traffic accidents.
High Fines in Money Laundering - South Africa
October 4, 2010 By Eversheds
The South African anti-money laundering laws are contained in the Prevention of Organised Crime Act (POCA), the Financial Intelligence Centre Act (FICA), and the Prevention and Combating of Corrupt Activities Act (PACCA).
Scams on the Internet
October 3, 2010 By Wagner Sidlofsky LLP
There are people who pretend to be lawyers and use the Internet to scam the naive and inexperienced. Others pretend to be clients and use unsuspecting lawyers as pawns in fraudulent schemes. These financial predators promise money or business opportunity.
Life Time Supervision for Certain Sex Offenses is Punishment
September 29, 2010 By Brent Horst, Attorney at Law
Tennessee Supreme Court sex offense ruling opens the door for possible challenges.
Some Basics on Criminal Law
September 29, 2010 By Law Offices of Jason Volet
Understanding the basics about the criminal justice system in the US is probably one of the most important ways for you to protect your rights.
Georgia Expungement Guidelines
September 27, 2010 By Law Offices of Vernon H. Smith III
What you need to know about expunging your record in Georgia.
When Does Your Desire for Revenge Become Blackmail
September 25, 2010 By HG.org
Often, after a bad breakup, people react badly and may engage in behavior that is not in their best interests. They may attempt to “seek revenge” against the ex they believe has caused them pain and/or harm. This is especially prevalent when you or your ex believes that there is a debt owed. The wronged party may try to use personal information about the other party to illicit the money or reciprocity for their perceived wrong. It is important to realize that this can be classified as blackmail.
Felony Process in California
September 25, 2010 By HG.org
Dealing with a felony charge in California can be a complicated, overwhelming, frightening experience. California is currently a capital punishment state. In addition, many criminal offenses can be prosecuted as a misdemeanor or a felony, depending upon the circumstances and the prosecuting attorney’s application of the statutes.
Nigerian Money Laundering Prohibition Act
September 24, 2010 By Blackfriars LLP
The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking. Consequently, the law sought basically to prohibit gains obtained from narcotic drugs and other psychotropic substances.
License Suspended for DUI? Here's How to Get It Back, and Keep It in Georgia
September 22, 2010 By Allen M. Trapp, Jr., P.C.
Having your license suspended following a DUI arrest is embarrassing and costly, but it’s not the end of the world. You received a notice of administrative license suspension for one of two reasons: one, you refused to submit to a chemical sobriety test upon your arrest or, two, you submitted to the test and your blood alcohol content (BAC) registered above the legal limit. Each of these scenarios is a violation of Georgia law. Let’s examine them briefly.
South Africa: Suspicious Transaction Reports in the Context of Money Laundering
September 22, 2010 By Eversheds
The South African anti-money laundering laws are contained in a number of statutes, more specifically:
• The Prevention of Organized Crime Act which came into operation on 21 January 1999.
• The Financial Intelligence Center Act which came into operation in February 2002.
• The Prevention and Combating of Corrupt Activities Act which came into operation in April 2004.
What to Do if Charged with a Crime in Texas
September 21, 2010 By Law Office of James W. Volberding
The author discusses what you should if charged with a crime in Texas.
What Is the Penalty for a 1st, 2nd or 3rd-Degree Felony Possession of a Controlled Substance?
September 21, 2010 By Law Office of Carolyn Agin Schmidt
The author discusses what the penalty is for a 1st, 2nd, or 3rd degree felony possession of a controlled substance.
Pennsylvania Court Considers Legal Justification for Drunk Driving
September 17, 2010 By The Law Offices of Basil D. Beck, III
A recent Pennsylvania appellate court decision involved a rarely implemented defense in a DUI/DAI case. In Commonwealth v. Clouser, the Pennsylvania Superior Court considered whether a driver was justified in fleeing danger in his vehicle even though he was intoxicated. While the trial court had denied the defendant’s request to argue justification, the Superior Court held that he should have been allowed to present this defense.
A Couple of Common Inquiries Concerning Criminal Record Situations in Illinois
September 16, 2010 By The Martin Walker Law Firm, LLC
A few frequently asked questions about criminal records in Illinois.
Parental Exemption in Texas Pornography Law Questioned
September 15, 2010 By Crain Lewis, LLP
A case currently winding its way through the Texas legal system is putting the idea of parental consent and parental intent to the test in a case where a father showed adult pornography to his three young daughters, apparently as part of a "birds and bees" talk.
Law Enforcement Officials Seize Over $1 Million in Marijuana
September 15, 2010 By Monckton Law Firm, P.A.
Lexington County law enforcement recently received a tip concerning a large marijuana grow operation located in a remote swamp area off of Highway 178 near Pelion. As the site was not accessible by any vehicle, the Narcotics Enforcement Team, a multi-agency team from Lexington County, used aircraft surveillance to view the area prior to the raid.
Huge Changes in California DUI License Sanctions for Second Offenders
September 15, 2010 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
In California, DUI offenses are currently priorable if they follow a DUI violation date within the previous ten years. This ten-year period is an extremely long duration time. Years ago, DUIs were priorable for five years, then more recently, for seven years.
America, Land of the Prosecuted?
September 15, 2010 By Patrick Artur & Associates
As crime rates continue to serve as a hot-button political issue, campaigners have increasingly held a “get tough on crime” stand. While attempting to take a bite out of crime has become a bipartisan pastime, America’s prisons have filled with more than murderers, rapists and violent gang members. According to The Economist, there are currently approximately 200,000 inmates over the age of 50; this is roughly the total number of prisoners of all ages in 1970.
Collin County Texas Juvenile Legal Process, A Criminal Defense Law Firm's Perspective
September 13, 2010 By Law Offices of Jeremy F. Rosenthal
An analysis of the juvenile legal process from the perspective of a defense attorney.
Massachusetts Supreme Judicial Court Decides for Driver in DUI Question
September 13, 2010 By David Yannetti Attorney at Law
In Commonwealth vs. Dennis P. Steele, the highest court in the state found on behalf of Mr. Steele, upholding the state's DUI statute.
Massachusetts Court Rules Police Must Have Warrant for GPS Devices
September 13, 2010 By David Yannetti Attorney at Law
According to a recent ruling by the Massachusetts Supreme Judicial Court, police must have a search warrant before installing a global positioning system (GPS) device in a private citizen's vehicle.
Melendez-Diaz May Be Short-Lived Victory for Criminal Defendants
September 13, 2010 By David Yannetti Attorney at Law
A recent Supreme Court case resulted in major changes to the legal requirements for using scientific evidence in trials, and clarified the rights of defendants guaranteed by the Sixth Amendment.
The Legal Ramifications of Sexting
September 13, 2010 By David Yannetti Attorney at Law
Many parents want to know what can be done if their child was a victim or offender of sexting. The author provides the details of possible punishment for sexting in Massachusetts.
Impact of McDonald on Wisconsin Gun Laws
September 8, 2010 By Reddin, Singer & Govin, L.L.P.
The Supreme Court of the United States recently addressed the question of whether the Second Amendment right to keep and bear arms is applicable to the states. In McDonald v. Chicago, the Court answered affirmatively, ruling that the protection applies to the states under the due process clause of the 14th Amendment.
South Carolina Strong Armed Robbery
September 7, 2010 By Law Office of James R. Snell, Jr., LLC
This article provides an introduction to the South Carolina criminal charge of Strong Armed Robbery.
Florida’s Five-Finger Discount Policies
September 7, 2010 By The Law Office of Corey I. Cohen
Florida is a popular retreat destination for honeymooners, families, college students and aspiring thieves.
New Florida Law Permits Device to Monitor Repeat DUI Offenders
September 7, 2010 By The Law Office of Corey I. Cohen
A new law will allow a person who has as many as four DUI convictions to regain their right to drive, but it also includes the requirement that an ignition interlock system be installed on the vehicle.
Common Causes of Tragic Vehicle Accidents in Los Angeles
September 4, 2010 By Mesriani Law Group
Vehicle accidents, whether in Los Angeles or any other part of the country, are tragic. Regardless whether its effects are fatal, severe injuries or even just property damage, motor vehicle accidents remain to be the leading cause of unintended death for people ages 1–34 years old.
Arizona DUI and Dram Shop Liability
September 3, 2010 By Beale, Micheaels & Slack, P.C.
Arizona's drunk-driving accident numbers are extremely high despite preventative measures and strict laws.
Drunk Driving Laws
September 2, 2010 By HG.org
Drunk driving is known as driving under the influence (DUI) in some states and driving while impaired or intoxicated (DWI) in other states.
Supreme Court Narrows Right to Remain Silent
September 2, 2010 By Brill Legal Group, P.C
In early June, the U.S. Supreme Court narrowed the parameters of the Miranda decision (requiring the familiar warning that begins "You have the right to remain silent."), asserting that criminal suspects must now explicitly state to police that they're invoking their right to remain silent. Dissenting justices wrote that the decision turns Miranda "upside down."
Nevada Drunk Driving Accidents
September 1, 2010 By Oronoz Law Offices
Drinking and Driving is a matter of life and death. According to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), 37,261 people died in traffic accidents in the United States in 2008.
Simple Possession of Marijuana In South Carolina
August 30, 2010 By Law Office of James R. Snell, Jr., LLC
An introduction to the law surrounding Simple Possession of Marijuana criminal charges in South Carolina.
Just What Are the Distinctions between Non-Standard & Standard Field Sobriety Checks?
August 30, 2010 By Law Offices of Jason Volet
An explanation of the differences between non-standardized and standardized field sobriety checks.
Florida’s New ‘Bong Bill’ Becomes Law, but Will It Have any Effect?
August 30, 2010 By Garvin Law Firm
Where there’s smoke, there’s fire, say victorious supporters of Florida House Bill 187, the so-called “Bong Bill.” Their theory: fewer available smoking implements mean less firing up.
Can a Bar Be at Fault for Serving a Drunk Driver in Pennsylvania?
August 30, 2010 By Law Offices of Thomas Wolpert, P.C.
Pennsylvania law has a "Dram Shop" statute which holds bars responsible for serving a visibly intoxicated person.
Shoplifting Charges in Canada
August 26, 2010 By Jeff Hershberg, Lawyer
Quite often, people charged with Theft Under are accused of stealing inexpensive item(s) worth under $100. Though inexpensive, property offences are taken seriously by the Courts. If found guilty, the result could be a criminal record.
Weapon Offenses in Canada
August 26, 2010 By Jeff Hershberg, Lawyer
The author reviews the specifics about weapons-related criminal charges that people face in Brampton, Newmarket, Toronto, and other regions in Ontario.
Federal Inmate, Ex-Federal Judge Samuel Kent Deserves Fair Treatment
August 15, 2010 By John T. Floyd Law Firm
Unpopular judge deserves humane and fair treatment while in federal custody.
Ostrich Instruction Rejected in Federal Online Solicitation
August 15, 2010 By John T. Floyd Law Firm
Deliberately avoiding the truth to deny criminal knowledge.
Mistaken Identifications Sent Two Innocent Men to Prison
August 15, 2010 By John T. Floyd Law Firm
Suggestive police procedures and mistaken identification resulted in two more wrongful convictions and incarcerations, one for 27 years.
Cameron Todd Willingham: Improper or Wrongful Conviction
August 15, 2010 By John T. Floyd Law Firm
Texas forensic science commission concludes flawed science used in trial that led to conviction and execution.
PSR Objections over Plain Error Doctrine
August 15, 2010 By John T. Floyd Law Firm
Criminal defense attorneys must file objections to pre-sentence report in federal criminal cases to protect appellate rights.
A Defense Attorney's Narrow Margin for Error
August 15, 2010 By John T. Floyd Law Firm
Ineffective assistance of counsel: criminal defense lawyer’s questions about defendant’s post arrest silence opens door to cross examination.
Terrorism Law Held Constitutional
August 15, 2010 By John T. Floyd Law Firm
Material Support of Foreign Terrorist Organizations vs. Freedom of Speech and Association
Adam Walsh Act Under Constitutional Scrutiny
August 15, 2010 By John T. Floyd Law Firm
Growing practice of “no bond” and unreasonably harsh sentences for some child sex crimes sparks judicial concern.
U.S. Supreme Court Takes Another Bite out of Miranda
August 15, 2010 By John T. Floyd Law Firm
Suspects must invoke rights unambiguously; Justice Sotomayer strongly and forcefully dissents as high court narrows Miranda.
The Continued Assault on Miranda
August 15, 2010 By John T. Floyd Law Firm
Abandoning Miranda in terrorism cases contrary to constitution and beginning of slippery slope towards neo-con police state.
Indefinite Detention: Preemptive Punishment for Future Sex Crimes
August 15, 2010 By John T. Floyd Law Firm
On May 17, 2010 the United States Supreme Court in United States v. Comstock upheld a federal statute that gives Government the power to civilly commit indefinitely a “sexually dangerous person” after he has completed serving his criminal sentence.
The South Carolina Preliminary Hearing Process
August 14, 2010 By Law Office of James R. Snell, Jr., LLC
Individuals charged with major crimes in South Carolina are entitled to a preliminary hearing. It is important for defendants to understand this process.
Field Sobriety Tests After a Stop for DUI
August 11, 2010 By Falk & Ross, PA
When you have been pulled over for a potential DWI offense, your behavior can make a huge difference in the outcome of your situation. Here are some things to think about.
Implications of the Bribery Act 2010 in Hong Kong
August 11, 2010 By Oldham, Li & Nie Law Firm
The Bribery Act (the “Act”) which received Royal Assent in the United Kingdom (“UK”) on 8th April 2010 will come into force in the spring of 2011.
Drug Offenses in Thailand
August 2, 2010 By Siam Legal International
Introduction: The Kingdom of Thailand strictly enforces a draconian set of drug laws. The police enjoy broad discretion when enforcing these laws. The courts may impose comparatively harsh penalties on minor offenders. Major offenders may be sentenced to death. While there are few defense options in the Thai courts, there are some options for foreign drug offenders.
Internet Sex Crimes in New Jersey
July 28, 2010 By Iler Law Firm
There are few accusations that carry the stigma of Internet sex crimes and, if the charge results in a conviction, that individual may never find personal peace again due to the stringent nature of Megan's Law and Community Supervision for Life. Even if criminal charges do not result in a conviction, many accused persons have a difficult time recovering from the ordeal.
Medicinal Marijuana Use in New Jersey
July 28, 2010 By Iler Law Firm
In January 2010, New Jersey became the 14th state to enact a law allowing the sale of marijuana to ease the pain and suffering of chronically, seriously ill patients. The Compassionate Use Medical Marijuana Act was modeled after New Mexico's medical use statute which allows registered patients to purchase small amounts of marijuana (two ounces per month) to cope with debilitating illnesses.
Illegal Use of Prescription Drugs in New Jersey
July 28, 2010 By Iler Law Firm
Prescription drug abuse is on the rise in New Jersey and around the country, posing serious health risks and driving new lucrative criminal enterprises. This month, police in the north New Jersey town of Fairview found $5 million worth of prescription drugs in a home where three men and a teen lived.
Protecting Yourself from Mortgage Fraud
July 28, 2010 By Koles, Burke & Bustillo, LLP
As the country continues to suffer under the weight of the current financial crisis, the number of those who attempt to profit from others' misfortunes continues to rise. This is particularly evident in the escalating number of mortgage fraud schemes targeting homeowners who are desperately fighting to keep their homes out of foreclosure.
Florida Police Officer Arrested for Drug Possession
July 28, 2010 By The Stella Law Firm
Police officers are entrusted with upholding and enforcing the laws, and much of the time, officers do a fine job. Unfortunately, sometimes this trust is misplaced.
Lindsay Lohan DUI - Understanding the Criminal Process
July 23, 2010 By Valerio Weinrieb
Lindsay Lohan was recently sentenced to 90 days of county jail and 90 days of rehab for violating the terms of her probation related to her plea bargained conviction on two counts of DUI in 2007 (at that time, she also plead “no contest” to one count of reckless driving and two misdemeanor counts of being under the influence of cocaine).
Polanski - Sex Crimes and Victim Refusals to Cooperate With the Prosecution
July 23, 2010 By Valerio Weinrieb
People v. Roman Polanski -- Oscar winning director Roman Polanski was arrested in Los Angeles in 1977 for unlawful sexual intercourse with a minor. Mr. Polanski entered into a plea agreement and pled guilty to the charges in exchange for “time served” as a sentence. The judge, however, rejected the plea agreement and set a hearing to sentence Polanski to additional jail time.
Sex Workers Should Be Treated with Dignity - South Africa
July 20, 2010 By Eversheds
Sex workers occupy a precarious position in South African society regarding their legal rights. The Sexual Offenses Act 23 of 1957 criminalizes brothel keeping and carnal (sexual) intercourse for reward.
Suspicion of Child Abuse by a Parent or Family Member - South Africa
July 20, 2010 By Eversheds
What is child abuse? According to the Children's Act 38 of 2005 "abuse" means any form of harm or ill-treatment deliberately inflicted on a child. Child abuse occurs in all types of families, rich and poor. The abuser can be anyone and is not limited to the mother, father, sibling or family member of the child. A person who allows abuse to occur without reporting it within a reasonable time is also guilty of child abuse.
White Collar Crimes Carry Big Sentences
July 18, 2010 By Law Office of Carolyn Agin Schmidt
Minneapolis criminal defense attorney Carolyn Agin Schmidt discusses how serious white-collar crime is and the big sentences these crimes can carry...
Fighting Business to Business Fraud (Part I) - Unequal Bargaining Power, Real or Perceived
July 15, 2010 By Patterson Law Firm
Businesses, professionals, and entrepreneurs often shun lawyers until a business partner lies to them or flees the jurisdiction with all of their money. When something like this happens, the victim has only two choices: surrender or file a business lawsuit. The Patterson Law Firm files a lot of business lawsuits designed to fight business to business fraud, and today’s post considers some causes of business fraud.
The Criminal Cloud over S.E.C. Investigations of Insider Trading
July 14, 2010 By Berg & Androphy
Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting all documents relating to her purchase and sale of the stock of X.Y.Z., Inc.
Leandra’s Law — Controversial?
July 14, 2010 By James M. Wagman
Leandra's law, an anti-drunk driving initiative in New York that was signed into law last November, recently went into effect. The law makes it a felony to drive drunk while there is a child in the vehicle.
Federal Qui Tam Litigation: The Governement's Watchdog
July 14, 2010 By Berg & Androphy
"If there has been any crime, it must be prosecuted. If there has been any property of the United States illegally transferred or leased, it must be recovered. . . . I propose to employ special counsel of high rank drawn from both political parties to bring such actions for the enforcement of the law.” Calvin Coolidge, Statement on the Teapot Dome Scandal.
An Explanation of the Differences Between a Preliminary Hearing and an Arraignment
July 13, 2010 By Falk & Ross, PA
It's important to understand the differences between preliminary hearings and arraignments, when each occurs, and what each involves.
Why You Should Request an Administrative License Revocation Hearing after Being Arrested for DWI
July 13, 2010 By Law Offices of John Herrick
There are a number of good reasons to request an ALR hearing if you've been arrested for a DWI in Texas.
Supreme Court Offers Reprieve for Some Immigrants with Drug Convictions
July 13, 2010 By Frank A. Rubino, Esq. PA.
Even minor drug offenses can result in serious penalties, but this is particularly true for non-citizen immigrants in the United States. Whereas a simple charge for possession of marijuana might result in a small fine for a citizen, this same charge may leave a non-citizen just a few steps away from deportation. However, the U.S. Supreme Court recently offered immigrants a reprieve in limited situations.
Mortgage Fraud Crackdown Results in Arrests Nationwide
July 13, 2010 By Frank A. Rubino
Federal prosecutors in Florida made headlines with the arrest of Joseph Daniele, a property developer accused of participating in a mortgage fraud scam affecting approximated 400 homes between 2004 and 2008.
Criminal Justice System May Get Much Needed Overhaul
July 12, 2010 By Patrick J. McLain
Our criminal justice system obeys the law of unintended consequences. Eventually, all of our policy decisions have consequences, and some of those come back to haunt us. We can see this in the aftermath of the crackdown on crime in this country.
Universal Life Church Minister Faces Fraud Charges
July 7, 2010 By The Baker Law Firm, LLC
Arizona authorities charged Allen Elfman with fraud, criminal impersonation, forgery, tampering with a public record and theft. He had admitted to receiving fees from $250 to $650 to marry couples, and that he had married four or five couples since 2004.
Arizona Legalizes Conceal and Carry
July 7, 2010 By The Baker Law Firm, LLC
This summer, Arizona will become the first state with a large urban population where people are allowed to carry concealed weapons without a permit. Gov. Jan Brewer signed the bill in April, and it will take effect in July or August, 90 days after the current legislative session ends.
Justice Department Seeks More Flexibility in Sex-Offender Law
July 7, 2010 By Adam Boyd Bleile
The Justice Department has proposed changes to a law that would require discretion in sex offender registration for juveniles and would give individual states more latitude in determining who must register.
Thailand's Anti-Money Laundering Law
July 5, 2010 By Siam Legal International
In 1999, the Thai government passed the Anti Money Laundering Act 2542 (1999). The statute was enacted to address the growing problems surrounding international organized crime. Large sums of money funding illicit activity flowed freely throughout Thailand and across much of South East Asia. The Anti Money Laundering Act has curbed this flow.
Felonies are Legal Versions of Cancer on Your Record
July 2, 2010 By Law Offices of Jeremy F. Rosenthal
Felonies offer the state, individuals, and organizations the legal right to discriminate against you. There is absolutely no such thing as a small felony charge.
Considering Your Choices Following Your DUI
July 1, 2010 By Law Offices of Jason Volet
I would like to address 5 misconceptions about DWI arrests.
Hidden Camera Detectors Take On High-Tech Voyeurs
June 29, 2010 By North American Investigations
New Yorkers Among Many Across Country Fed Up With The Notion That Someone Could Be Watching
A 101 Guide to the Michigan DUI Process
June 29, 2010 By Plachta, Murphy & Associates, P.C.
Attention: If you have been arrested for a drunk driving or impaired operating charge in the State of Michigan, beware of the DUI laws in this state - the penalties can be severe for even a first offense and reduced charges are possible if you have a decent case and a knowledgeable defense lawyer.
Immigration Bill Sparks Protests in Arizona, Around Country
June 25, 2010 By The Baker Law Firm, LLC
Even before Arizona Governor Jan Brewer signed SB 1070 into law, protests against the contentious immigration bill already had begun at the state's capitol with more than 100 people gathering to urge the governor to veto it. On April 20, Arizona police arrested nine college students who had chained themselves to the Capitol Building's doors, declaring that they would not unchain themselves until the Governor vetoed the bill.
Medical Marijuana on Arizona Ballot?
June 25, 2010 By The Baker Law Firm, LLC
As in several other states, the medical marijuana debate has taken hold in Arizona, but the legalization of medical marijuana in Arizona will probably not make it on a ballot before the public this year. Even if such an initiative were to pass in the future, medical marijuana will presumably still be highly restricted and may be taxed as a luxury item.
Arizona and the Dawn of a New Regressivism
June 23, 2010 By Law Office of Paul E. Knost, PLLC
Recent alarming developments in Arizona show that a Regressivist and Reactionary state government is leading the state in the wrong direction.
Arizona High Schools Take Proactive Approach to Drunk-Driving Education
June 16, 2010 By Solomon & Relihan, P.C.
Arizona educators and safety organizations are taking proactive approaches to teaching teenagers about the dangers of driving under the influence.
Class Action – Know whether You Qualify as a Plaintiff
June 14, 2010 By Jackowiak Law Offices
Class action lawsuit could be an effective legal solution if a certain problem has affected a large number of people. Talk to a legal professional specializing in the case immediately.
Breathalyzer Refusal Law in Rhode Island
June 12, 2010 By David S. Slepkow
Should I refuse a Breathalyzer test in Rhode Island?
The Shortfalls of Utah's Indigent Defense System
June 9, 2010 By Flint, Grimes & Hullinger
Under the Sixth Amendment to the US Constitution, every defendant charged with a crime is guaranteed the right to effective assistance of legal counsel. This means that not only is every defendant entitled to a lawyer to defend him or her, but to a lawyer who is competent to provide that representation.
Holding Employers Liable for Employee Wrongs
June 9, 2010 By Christiansen Law Offices
Recently, the Nevada Supreme Court upheld a multimillion dollar damages award against an employer after two of its employees were involved in a 2001 drunk driving accident that resulted in one woman's death.
Wisconsin Implements New Drunk Driving Laws
June 9, 2010 By Action Law Offices, S.C.
Beginning in July 2010, Wisconsin drivers will face higher fines, more jail time and stricter penalties for driving under the influence (DUI). Signed into law by Governor Jim Doyle on December 22, 2009, the new rules are viewed by many lawmakers as far from perfect — but a move toward strengthening Wisconsin’s drunk driving laws.
Federal Civil Commitment of Sex Offenders under Review by Supreme Court
June 7, 2010 By Monckton Law Firm, P.A.
This past January, the US Supreme Court heard oral arguments in US v. Comstock, a case concerning the constitutional authority of the federal government to civilly commit those found to be "sexually dangerous" for indefinite periods of time upon completion of their federal prison sentences.
Curbing Mortgage Fraud in South Carolina
June 7, 2010 By Monckton Law Firm, P.A.
As home values skyrocketed before the housing bubble burst in 2008, many South Carolinians fell victim to mortgage fraud. In 2006, the FBI named South Carolina a Top 10 Hot Spot for mortgage fraud. The designation could have been attributed to the prevalence of "flipping" (the practice of buying property at a very low price, quickly making nominal improvements, and selling the property for a profit soon after, usually before the first mortgage payment was due).
2009 Changes to South Carolina's DUI Laws
June 7, 2010 By Monckton Law Firm, P.A.
South Carolina has long been a desirable vacation destination for couples, families and college students seeking to take advantage of the state's beautiful beaches and mild temperatures. In fact, nearly 14 million people visit Myrtle Beach and the Grand Strand areas of the state each year.
Some Texas Laws Related to Driving While Intoxicated
June 7, 2010 By Law Offices of John Herrick
One of the first things you will notice about these Texas DWI laws is that they carry a minimum term of confinement.
Drug and Alcohol Offenses: Lifetime Consequences
June 4, 2010 By Ingram Law Office
Almost everyone from employers to universities will check your criminal record.
Drug Kingpin Turned Informant Sentenced in Secrecy to 25 Years
June 4, 2010 By Frank A. Rubino, Esq. PA.
Osiel Cárdenas was once one of Mexico’s most feared drug lords.
Wachovia Settles with Federal Government to End Probe
June 4, 2010 By Frank A. Rubino
The U.S. District Court approved an agreement to defer prosecution of Wachovia Bank.
Dallas Police Want Blood Draws Mandatory for All DWI Suspects
June 4, 2010 By The Shapiro Law Firm
The Dallas Police Department wants to make breathalyzers a thing of the past and require all drivers to give blood when they are arrested on suspicion of drunk driving.
Sentencing Guidelines Vary Widely for State and Federal Drug Crimes
June 3, 2010 By The Crowley Law Firm, PLLC
An Eastern Washington man arrested with 11 pounds of crystal methamphetamine and more than a pound of heroin was arraigned in U.S. District Court in Tacoma.
Sex Offenses & Offender Registry
June 2, 2010 By Schwartz Law Firm
When a defendant is charged with a sexual offense against a minor, the prosecution may now introduce evidence of a defendant's uncharged sexual offenses against minors without having to justify the admissibility of the evidence.
New Jersey Criminal Jury Instruction Related to Circumstantial Evidence
June 2, 2010 By Law Offices of Jason Volet
This article covers the differences concerning direct and circumstantial evidence as they are explained in criminal circumstances in the state of NJ. The article is based on the New jersey Criminal Jury Instruction.
California Drunk Driving Laws and Out-of-State Drivers
June 2, 2010 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
Each year millions of people come to California for vacation, travel and business purposes. For a number of reasons, many such visitors live it up a bit more than they might otherwise at home, and unfortunately wind up arrested on suspicion of driving under the influence of alcohol, and/or drugs (DUI).
California Launches Four-County Ignition Interlock Pilot Program for First DUI Offenders
June 2, 2010 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
California drivers convicted of a first-time DUI offense will be required to have an ignition interlock device (IID) installed in their vehicle.
A Lawyer's Advice on How Not to Get a DUI in Today's World
June 2, 2010 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
Experienced DUI attorneys understand that even the most upstanding citizens can find themselves in a situation where they might be faced with a virtually irresistible impulse to drive under the influence.
The Current State of Sobriety Checkpoints in California
June 2, 2010 By The Law Office of Mark R. De Yoe, APLC - San Diego DUI Attorneys
More Californians will be stopped at roadside sobriety checkpoints in 2010 than ever before.
Wisconsin's Treatment of 17-Year-Old Offenders Faces Scrutiny
June 2, 2010 By Reddin, Singer & Govin, L.L.P.
Approximately 30,000 17-year-olds are arrested in Wisconsin each year. If they are charged with a crime, they are charged as adults.
Sex Offender Registration and Supervision in New Jersey
June 2, 2010 By Maynard & Sumner, LLC
Allegations of sex crimes, even if totally unfounded, can haunt you for the rest of your life. Once an allegation has been made, you not only must face the criminal justice system, you unfortunately also may have to defend yourself in the court of public opinion.
New Jersey Mandates Use of Ignition Interlock Devices
June 2, 2010 By Maynard & Sumner, LLC
Sponsored by state Senator Jim Whelan and others, Ricci's Law toughens the standards for mandatory installation of alcohol-detecting ignition interlock devices (IIDs) in the vehicles of those convicted of drunk driving in New Jersey.
Medical Marijuana Legalized in New Jersey
June 2, 2010 By Maynard & Sumner, LLC
Marijuana is undergoing a rapid public relations makeover. In the past few years, marijuana’s image as a street drug has morphed into that of a legitimate medicine, now legal for use in 14 states.
DWI Update Summer 2009
June 2, 2010 By Maynard & Sumner, LLC
Summer, 2009 has been busy for DWI case law in the State of New Jersey.
Software Helps Law Enforcement Officers Track Child Pornography
May 28, 2010 By Patrick Artur & Associates
Local law enforcement agencies in Pennsylvania and around the country continue to aggressively pursue those in possession of child pornography. Just as technology has made it easier for people to access the illegal content, it also has made it easier for investigators to track those who view, download and share child pornography files.
NHTSA Data on Drunk Driving Deaths
May 27, 2010 By Law Offices of John Herrick
Drunk driving is still a major concern for our society.
Case Review: Padilla v. Kentucky
May 26, 2010 By Vincent P. Martin, Esq.
In the recent U.S. Supreme Court case of Padilla v. Kentucky, the court held that criminal lawyers must inform a client whether his plea carries a risk of deportation.
What is Horizontal Gaze Nystagmus (HGN)?
May 18, 2010 By The Law Offices of Michael J. Holmes
Horizontal Gaze Nystagmus Test: the fact that this carries a very complicated-sounding name makes perfect sense. After all, the testing and identification process is even more complex than it’s namesake.
The Evils of the Big Three of Impaired Driving
May 14, 2010 By Mesriani Law Group
Driving is a skill that requires a driver’s full attention and complete ability to safely control the vehicle in order to be able to respond to other factors on the road.
Driving While Impaired: It Is More Than DUI
May 12, 2010 By Shaffer & Engle Law Offices, LLC
Pennsylvania is now participating in the ARIDE efforts designed to help officers better detect drivers impaired by prescription or illicit drug use and help curb accidents and injuries.
Business Without the Taint: How to Avoid Corruption
May 8, 2010 By Dr. Ulrich Eder, Attorney
The article gives an overview about the German criminal legislation against cross-border corruption.
Avoiding the Dangers of Driver’s Fatigue
May 7, 2010 By Mesriani Law Group
Driver’s fatigue is one of the most common causes of a motor vehicle accident.
Sex Offender Registration: Part of the Disease, or Part of the Cure?
May 7, 2010 By Brill Legal Group, P.C
Laws requiring sex offender registration exist in some form in all 50 states. These regulations were initially proposed as a way to provide information about the location of persons convicted of sex-related crimes and to discourage registered offenders from committing additional crimes.
Katie's Law May Change New York's Approach to DNA Sample Collection
May 7, 2010 By Brill Legal Group, P.C
If you are convicted of a violent crime in the state of New York, you are required to provide a DNA sample to authorities.
New York's Leandra's Law: Enhanced DUI Penalties When a Child Is Present
May 7, 2010 By Brill Legal Group, P.C
Around the country, states are cracking down on drunk driving. In state after state, legislatures are enacting ever-increasing penalties for drivers convicted of multiple drunk driving infractions, and New York is no exception. A new law, called Leandra’s Law, has been enacted in New York to trigger substantial penalties if a child under 16 is in the car at the time of a drunk driving offense.
DWI-Related Traffic Stops: Probable Cause, Searches and Seizures
May 4, 2010 By James M. Wagman
Law enforcement may only stop a suspected intoxicated driver under limited circumstances. To stop, search and arrest citizens, law enforcement officials must operate within the protections afforded by the Constitution.
Legislation Imposes Additional Punishments on Drunk Drivers in New York
May 4, 2010 By James M. Wagman
In recent years, there has been an on-going campaign in New York and across the country to pass stricter laws against drinking and driving.
Sexting Among Teens in Arizona
April 30, 2010 By The Baker Law Firm, LLC
Under many laws, including those in Arizona, transmitting naked pictures of teens can be a felony. Teens could be charged with possession of child pornography, as well as sexual exploitation of a minor, both of which would require offenders to register as sex offenders, often for life.
Theft Crime Charges in California - What You Should Know
April 29, 2010 By Valerio Weinrieb
Theft is a common criminal charge in California. It is critical for anyone accused of a theft crime to have a basic understanding of theft law, including how a prosecutor attempts to prove theft, punishments for theft, and defenses to theft allegations.
Common Marijuana Charges in California
April 29, 2010 By Valerio Weinrieb
This article provides a brief overview of common marijuana charges in California.
Arrested for a DUI, Should You Fight the Charge?
April 29, 2010 By Law Offices of Peter Buh
This article discusses the benefits of disputing a DUI arrest in Illinois. The impact of a DUI conviction upon a resident of Illinois is drastic and will cause much hardship.
Las Vegas near Top of DUI List
April 27, 2010 By Christiansen Law Offices
Despite its reputation, Las Vegas did not make the No. 1 spot on the March 2010 list of drunkest cities in the U.S. It did, however, come in 11th, according to Las Vegas Weekly, just falling short of the top 10 for deaths, arrests and binges related to alcohol and alcoholism.
Elder Fraud and Financial Abuse
April 24, 2010 By Craig T. Matthews & Associates
Financial scams targeting seniors are common, and often the perpetrator is a family member. Older Americans are vulnerable to fraud and financial abuse because they commonly experience some degree of cognitive decline, through natural causes or from medications, and can have difficulty understanding their changing world. The Internet, personal computers, appliances with complex controls and other indicia of contemporary life can accelerate disorientation of an aging mind.
Things to Know About Domestic Violence
April 23, 2010 By Valerio Weinrieb
It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.
Suppression Hearings and Melendez-Diaz V. Massachusetts
April 19, 2010 By Flint, Grimes & Hullinger
A recent US Supreme Court decision has greatly strengthened the ability of criminal defense attorneys to defend their clients against criminal charges and suppress the evidence against them.
UBS Settlement Leads to IRS Scrutiny for Thousands
April 19, 2010 By The Stella Law Firm
As part of its settlement agreement with the U.S. government, Swiss banking giant UBS agreed in August to turn over 4,450 names of account holders assumed to be hiding assets from the IRS.
Recent Florida Court Decision Limits Removal From Sex Offender Registry
April 19, 2010 By The Stella Law Firm
Florida law requires those convicted of sex offenses to register for life as either a sexual predator or sexual offender, depending on the severity of their violation.
Washington's Human Trafficking Law is Tested, But Is It the Right One?
April 19, 2010 By The Crowley Law Firm, PLLC
In 2003, Washington became the first state to outlaw human trafficking. This past November, a King County jury was finally given the chance to use the six-year-old law.
Despite Setbacks, Effort Continues to Legalize Marijuana in Washington
April 19, 2010 By The Crowley Law Firm, PLLC
Two bills seeking to legalize and decriminalize marijuana possession by adults were voted down by the House Public Safety Committee in January, but the effort to legalize marijuana in Washington is not dead.
Proposed Federal Ignition-Interlock Bill Would Likely Change Texas DWI Law
April 12, 2010 By Crain Lewis, LLP
New Jersey Senator Frank Lautenberg has had an illustrious career in Congress spanning parts of three decades, during which he has had arguably the most impact of any senator on the protection of our nation's highway traffic from the dangers of drunk driving.
Group Seeking Reform of Texas Sex Offender Registration Requirements
April 12, 2010 By Crain Lewis, LLP
Sex offender registration requirements have come under fire across the country as groups in opposition to sex offender registries question their effectiveness in protecting the public and children from the most dangerous offenders.
Drug Offenses - Canada
April 12, 2010 By Andrew Barbacki
The late William F. Buckley Jr. was a renowned political commentator and writer whose conservative views were much admired by right wing proponents of “law and order”, a term referring to harsh criminal law policies including “zero tolerance” in the so-called “war on drugs”.
New Task Force Aims to Fight Human Trafficking in Texas
April 5, 2010 By Law Offices of Gary Churak, P.C.
Human trafficking in Texas is nothing new, but the state's previous efforts to end this practice have fallen short.
Pennsylvania Expands Child Pornography Laws
April 5, 2010 By Patrick Artur & Associates
As technologies develop, the law often struggles to keep pace. This is particularly true in the area of laws governing child pornography. Recently, the Pennsylvania laws regarding child pornography have undergone critical changes, in an attempt to respond to changes in technology.
Pennsylvania Cops Go Undercover to Catch Sexual Predators of Children
April 5, 2010 By Patrick Artur & Associates
Across Pennsylvania, there has been a statewide effort to investigate and prosecute Internet sex crimes involving "children." Many medium to large size counties in Pennsylvania have their own task force or unit setting up police officers as decoys.
High Court Considers Federal Authority to Civilly Commit Sex Offenders
April 5, 2010 By Patrick Artur & Associates
Generally, once a person has served their time for committing a crime, they are free to move forward with their lives. Not so for sex offenders.
How to Investigate Child Abuse Cases
April 4, 2010 By Advanced Investigative Technologies, LLC
Child abuse is on the rise across the country. Investigators and attorneys must work together to investigate child abuse cases. The Courts around the United States have adopted the "Best Interest of the Child" standard. The article discusses obtaining evidence and litigating child abuse cases.
Is a Nolo Contendere Plea an Admission of Guilt? Is it a Conviction?
April 4, 2010 By David S. Slepkow
A Nolo Contendere plea in Rhode Island Criminal Law is sometimes a conviction but is often not a conviction. Whether or not a plea of Nolo Contendere constitutes a conviction depends on the penalty/sentence imposed. Please read this article for an explanation.
The Intersection between Family Law, Criminal Law and Divorce in Rhode Island
April 4, 2010 By David S. Slepkow
This article explains in detail the intersection of Divorce, Family law and Criminal Law in Rhode Island. Criminal law cases often involve complex issues concerning divorce, child custody, restraining Orders, visitation, child support, division marital assets etc.
Massachusetts Faces Rampant Drug Abuse, Looks for Ways to Rehabilitate
April 1, 2010 By LoConto, Burke & Madaio, P.C.
In the five years between 2002 and 2007, 3,265 people in Massachusetts died from drug-related causes. That's more than the number of Massachusetts soldiers killed in both Afghanistan and Iraq, combined. And things aren't getting better. Some are even calling it an epidemic.
Criminal Sentencing Enhancements under Massachusetts Law
April 1, 2010 By LoConto, Burke & Madaio, P.C.
What are sentence enhancements?
What is Identity Theft and How to Prevent it?
April 1, 2010 By Stewart J. Guss, Attorney at Law
Today there is a new target for smart and sophisticated thieves: your identity. Think about it - from the criminal's perspective, this is the perfect crime.
What to Do if Someone Has Stolen Your Identity
April 1, 2010 By Stewart J. Guss, Attorney at Law
There are four very important steps you must take when you realize someone has stolen your identity. Making sure to quickly take these steps will decrease the amount of time it takes to recover your identity and also the amount of damage done.
Georgia Supreme Court Reverses First Degree Vehicular Homicide
April 1, 2010 By Breakfield & Associates, Attorneys
The Georgia Supreme Court in Klaub v. Battle, Warden (S09A0925), affirmed that under Georgia law one cannot be convicted of “first degree vehicular homicide based on the failure to stop and render assistance when the State fails to prove that the defendant caused the victim’s death through his failure to stop and render assistance.”
The Confrontation Clause for the Twenty-First Century
April 1, 2010 By Patrick J. McLain
Under the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, a person accused of a crime has the right "to be confronted with the witnesses against him." However, the particular contours of this right have shifted with time.
Forensics Evidence in Texas: a Foundation Shattered
April 1, 2010 By Patrick J. McLain
Forensic evidence is fundamental to the foundation of much of the U.S. criminal justice system. Scientific analysis of physical evidence of crime has produced evidence that has put many citizens behind bars, and exonerated others.
Once Again, Changes may Be Coming for Illinois DUI Laws
March 23, 2010 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
If SB 2248 passes, operating a snowmobile or watercraft while intoxicated in Illinois will have the same consequences as driving an automobile while under the influence of alcohol.
Some Chicago Cops Get Rich Quick On DUI Schemes
March 23, 2010 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
Several Chicago cops have been accused of making false DUI allegations against innocent drivers in the hopes of receiving overtime pay for court appearances in the cases.
Wisconsin Legislature Approves Changes to State's Drunk Driving Laws
March 23, 2010 By Reddin, Singer & Govin, L.L.P.
Wisconsin recently passed sweeping legislation that will change its reputation when it comes to cracking down on driving under the influence (DUI). While the legislation is not the most stringent in the United States, it will make a considerable difference for drivers in Wisconsin.
Sexting and Free Speech: States like Wisconsin Face Tough Legal Questions
March 23, 2010 By Reddin, Singer & Govin, L.L.P.
In January, a Wisconsin teen was sentenced to a year in detention following charges of child pornography in a sexting case that made headlines across the state. In late 2009, the 14-year-old high school freshman was charged with multiple felony counts after police officers discovered many nude photos of underage classmates on his cell phone and iPod.
Requirements and Implications of Wisconsin Sex Offender Registration
March 23, 2010 By Reddin, Singer & Govin, L.L.P.
When a sex offense is committed, especially against a child, the public is outraged. More and more over the past 10 to 15 years, people have demanded that lawmakers and law enforcement agencies alert the community to the presence of sex offenders, especially by classifying information about convicted sex offenders as public.
Authorities Try to Coerce Cooperation in DNA Request to Former Prisoners
March 23, 2010 By Reddin, Singer & Govin, L.L.P.
Under section 165.76 of the Wisconsin statutes, any person in prison on or after January 1, 2000, for a felony committed in Wisconsin must provide a DNA sample to authorities upon his or her incarceration.
Are Drug Courts Denying Help to Those Who Need It Most?
March 23, 2010 By Reddin, Singer & Govin, L.L.P.
Wisconsin created drug courts to give certain nonviolent offenders a productive alternative to prison.
Employment and Record Expungements
March 23, 2010 By Williams & Wiseman, P.A.
The struggling economy has made the job market even tougher for job seekers, as the rising unemployment rate has resulted in fewer jobs for more applicants. Having a criminal record can be one of the quickest ways for employers to eliminate you from the potential candidate list.
Illinois Criminal Defense - Frequently Asked Questions
March 19, 2010 By Davis & LaScola Ltd.
This article answers some general frequently asked questions about Illinois criminal law.
Illinois Drivers License Reinstatement - Frequently Asked Questions
March 19, 2010 By Davis & LaScola Ltd.
This article answers several frequently asked questions about Illinois Drivers License Reinstatement.
Illinois DUI Law - Frequently Asked Questions
March 19, 2010 By Davis & LaScola Ltd.
This article answers some frequently asked questions about Illinois DUI law.
Medical Marijuana Debate Takes Off in Arizona
March 18, 2010 By The Baker Law Firm, LLC
The medical marijuana debate in Arizona and nationwide is hotly contested. Arizonans may vote again on the issue, and patients may be legally allowed to relieve pain with doctor-prescribed marijuana.
Wine Tasting & Car Accidents
March 13, 2010 By Law Firm of Attorney R. Sebastian Gibson
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.
Anti-corruption Practices in Turkey
March 12, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses recent developments on anti-corruption practices in Turkey.
Heroin on Long Island
March 10, 2010 By Rudolph F.X. Migliore, P.C.
The following editorial recently appeared in the Long Island Press, the Smithtown Times and the Independent.
Probation - A Period of Extreme Risk
March 9, 2010 By David S. Slepkow
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.
No Contact Orders
March 9, 2010 By David S. Slepkow
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.
Miranda Warnings and How They Work in a Criminal Case
March 3, 2010 By Jonathan Blecher, P.A.
People are under the impression that if they are arrested and not read their rights, they can have their case dismissed.
DUI In Florida: An Overview
March 3, 2010 By Jonathan Blecher, P.A.
We should all be mindful of Florida’s conservative DUI (Driving Under the Influence) laws.
Electronic "Snooping" - Not Just Unethical
March 1, 2010 By Blumenthal Law Offices
Under federal law, electronic snooping may be considered computer fraud, computer and information theft, or cyberterrorism, violations of which could result in felony charges.
How Do I Get My Personal Property When There is a No Contact Order or Restraining Order?
February 28, 2010 By David S. Slepkow
When a person is arrested or a restraining order enters, the accused often needs to obtain his or her clothes and personal belongings.
Erase & Expunge Dismissed Criminal Records
February 28, 2010 By David S. Slepkow
All dismissals and not Guilty findings in Rhode Island should be expunged! This includes both felony and Criminal Misdemeanor dismissals.
Criminal Law: No Contact Orders
February 28, 2010 By David S. Slepkow
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.
College Students and Pennsylvania Criminal Charges
February 24, 2010 By Randolph L. Goldman Attorney at Law
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.
Criminal Prosecutions from A-Z
February 23, 2010 By David S. Slepkow
What is a misdemeanor? A misdemeanor is any offense punishable by up to one year in Jail.
Bail & Arraignment in Rhode Island
February 23, 2010 By David S. Slepkow
If a person is arrested for a criminal misdemeanor in Rhode Island there are several potential scenarios.
Illinois Ignition Interlock Device Law: Effective Deterrent or Overkill?
February 23, 2010 By Law Offices of Thomas Glasgow, Ltd
Illinois' Breath Alcohol Ignition Interlock Device law has been in effect for a year, and some are beginning to question its effectiveness.
Reform of Drug Sentencing Inequities Could Come in 2010
February 22, 2010 By Roberts Law Group, PLLC
U.S. sentencing laws for crack cocaine and powdered cocaine offenses are patently unfair.
Removing Your Name From the Sex Offender Registry
February 22, 2010 By Roberts Law Group, PLLC
The penalties faced by those who have been convicted of a sex offense continue to increase.
DUI Administrative License Suspensions in Florida
February 21, 2010 By Jonathan Blecher, P.A.
The Florida Administrative Driver License Suspension Law can be complicated and confusing.
Criminal History Records and Immigration
February 9, 2010 By Pacific Immigration Professionals, LLLC
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.
Your Medical Marijuana Card Won't Work In Arizona
February 6, 2010 By Cates, Hanson, Sargeant, & Rakestraw, P.L.C.
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.
DUI and Teenage Drivers
February 5, 2010 By Mesriani Law Group
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.
Monetary Damages in California Drunk Driving Accidents
February 5, 2010 By Jason Lundberg, Attorney - Allegiance Law
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.
Ohio Leads Nation's Surge in Female OVI
February 4, 2010 By Rittgers & Rittgers
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.
Sentence for Driving Under the Influence (Non-injury) in California
January 31, 2010 By Law Office of Brian C. Andritch
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.
Prosecutorial Misconduct: To Convict or Seek Justice
January 28, 2010 By The Corbett Law Firm, PLLC
This article examines prosecutorial misconduct.
Was Professor Henry Gates Racially Profiled?
January 28, 2010 By The Corbett Law Firm, PLLC
This article examines whether racial profiling played a role in Professor Gates arrest in Cambridge, MA.
Is Racial Profiling the Key to Counter Terrorism
January 28, 2010 By The Corbett Law Firm, PLLC
This article examines whether racial profiling is a useful tool in our counter terrorism efforts.
Internet Scam Affecting Attorneys
January 27, 2010 By HG.org
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.
Securing the Attendance of Witnesses
January 27, 2010 By James P. Geraghty
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.
Defending DUI Vehicular Homicide Cases
January 27, 2010 By James P. Geraghty
No matter what state you practice in, no matter what laws are involved, you have to be able to defend your client.
An Internet Fraud Alert for Law Firms – Large and Small
January 23, 2010 By Jennings Smith Investigations, Inc.
The author 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: Chips Petition - Social Services
January 20, 2010 By Maury D. Beaulier, Attorney at Law
"Chips," as it is called, stands for a Child in Need of Help or Protection. It is codified under Minnesota Statutes Chapter 260C. Such cases can be initiated by the county or an individual and may result in the removal of a child from the family home. As a result, aggressive representation is necessary.
Minnesota DWI Law & Its Defense
January 20, 2010 By Maury D. Beaulier, Attorney at Law
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.
Minnesota's Implied Consent Attorneys and Lawyers
January 20, 2010 By Maury D. Beaulier, Attorney at Law
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.
Criminal Charges for Methampehatimines & Their Defense
January 20, 2010 By Maury D. Beaulier, Attorney at Law
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.
Minnesota's Felony Assault by Strangulation
January 20, 2010 By Maury D. Beaulier, Attorney at Law
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.
Winning DWI: Challenging the Urine Test
January 20, 2010 By Maury D. Beaulier, Attorney at Law
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.
Live Demonstration Concerning Drunk Driving Conducted by Santa Clara County Police
January 15, 2010 By Robert Reeves Law Group
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.
Traffic Collision Statistics: Reducing Fatalities and Injuries
January 14, 2010 By Mesriani Law Group
Federal and state traffic collision statistics often show the extent and magnitude of damage that accidents brought on the lives of thousands of people.
Reducing Teen Crashes through Effective Parent-Teen Communication
January 5, 2010 By Mesriani Law Group
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?
The DUI Process and Penalties in Florida
January 5, 2010 By Shestokas and Raines Law Offices
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.
The Right of Police Officers to Draw Blood: Arguments and Appeals in TX
January 5, 2010 By The Shapiro Law Firm
The phenomenon of police officers’ drawing blood from drivers suspected of DWI/DUI is still fairly new — and controversial.
Does the Punishment Exceed the Crime?
January 5, 2010 By Law Offices of Gary Churak, P.C.
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.
Plea-Bargain Sentences Tempt the Innocent to Plead Guilty
January 5, 2010 By Fitzpatrick Hagood Smith & Uhl LLP
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.
Decline of Youth Fatalities Involving Alcohol-related Collision
December 10, 2009 By Mesriani Law Group
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.
Prison Sentences for Monetary Debts in Turkey
December 3, 2009 By ADMD Law Office
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.”
The Right to Remain Silent in Illinois: What Happens When You Talk
December 2, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
Search and Seizure: What Are Your Rights?
December 2, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
SCRAM: Alcohol Monitoring for DUI Offenders in Illinois
December 2, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
New Ignition Interlock Law in Illinois
December 2, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
An Illinois Drunk Driving Conviction Can Change Your Life Forever
December 2, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
Supreme Court Decision Strengthens Defendants' Rights
December 2, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
The recent Supreme Court ruling in Melendez-Diaz v. Massachusetts has shifted the dynamics of drunk-driving and drug cases across the country.
Former Top DUI Cop Faces False Arrest Lawsuits
December 2, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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
December 2, 2009 By Randolph Wolf, Esq
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.
The Difficulty Practicing New York STD Law
November 30, 2009 By Levine & Blit
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.
Accused Sex Offenders Face Lifelong Stigma
November 23, 2009 By Schwartz Law Firm
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.
Scam Warning for Americans Living in Mexico
November 21, 2009 By Mexico Intelligence Services
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.
Overview of White Collar Crimes in California
November 20, 2009 By Leon J. Mezzetti, Jr., Attorney at Law
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.
Metromix - Xpress Legal Scam
November 19, 2009 By HG.org
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.
The Difficulty of Practicing New York STD Law
November 12, 2009 By Levine and Blit, PLLC
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.
Underaged Drinking
November 11, 2009 By Shaffer & Engle Law Offices, LLC
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.
Drug Offenses Involving Minors
November 11, 2009 By Shaffer & Engle Law Offices, LLC
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.
Laws on Internet Child Pornography
November 11, 2009 By Shaffer & Engle Law Offices, LLC
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.
Changes in Pennsylvania DUI Penalties
November 11, 2009 By Shaffer & Engle Law Offices, LLC
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.
Computer Crimes in New York City
November 10, 2009 By Joseph Potashnik & Associates, PLLC
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.
Federal Wire Fraud Crimes In New York City
November 10, 2009 By Joseph Potashnik & Associates, PLLC
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.
New York City Medicaid Fraud Investigations on the Rise - What to Expect If You Are Targeted
November 10, 2009 By Joseph Potashnik & Associates, PLLC
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 Ups the Ante for First-Time DUI Offenders
November 9, 2009 By Law Offices of Thomas Glasgow, Ltd
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.
Ensuing Identity Theft
November 3, 2009 By Walden & Pfannenstiel, LLC
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.
How Do We Guard Against Internet Frauds? - China
November 2, 2009 By Bright & Right
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.
Shoplifting: How Long Do Procedures Last in Quebec Province? - Canada
October 31, 2009 By Xavier Cormier, Attorney
The length of procedures for charges of shoplifting in the Montreal Municipal Court can vary.
Outdated Laws in Kuwait
October 23, 2009 By The Law Firm of Labeed Abdal
Few notes on some of the local laws in Kuwait which will need some reforms for better and fare application..
Proposed Rape Shield Statute Shields Victim’s History in Civil Cases
October 20, 2009 By Palumbo & Renaud
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.
Legal Options Available to Victims of Real Estate Fraud in Ontario
October 18, 2009 By Michael Carabash Attorney
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).
Religious, Racial Profiling Justified in McCarthy Era Inspired Investigations
October 17, 2009 By John T. Floyd Law Firm
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.
Texas Takes Small Step towards Humane Punishment for Youthful Offenders
October 17, 2009 By John T. Floyd Law Firm
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.
Federal Sex Offender Registration Laws Too Broad, Onerous
October 17, 2009 By John T. Floyd Law Firm
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.
Dog Handler Discredited: False Results, Exaggerated Claims Exposed
October 17, 2009 By John T. Floyd Law Firm
Popular law enforcement dog handler discredited after false results, exaggerated claims of accuracy exposed.
Governor’s Abrupt Dismissal on Eve of Hearing, Political Cover-up
October 17, 2009 By John T. Floyd Law Firm
Governor’s abrupt dismissal of chairman, two members of Texas Forensic Science Commission on eve of hearing smacks of political cover-up.
Another Not Guilty: Client Accused of Indecency with Child Acquitted
October 17, 2009 By John T. Floyd Law Firm
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.
Increased Use of Stop and Frisk: Constitutional Abuses, Racial Profiling
October 17, 2009 By John T. Floyd Law Firm
Increased use of stop and frisk leads to increased constitutional abuses, legitimizes racial profiling.
Texas Enables Police to Draw Blood from More Suspected Drunk Drivers
October 15, 2009 By The Shapiro Law Firm
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.
Federal Government Cracking Down on Medicare Fraud
October 15, 2009 By Frank A. Rubino, Esq. PA.
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.
Federal Law Increases Severity of Penalties for Mortgage Fraud
October 15, 2009 By Frank A. Rubino
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.
Florida’s Mortgage Fraud Task Force
October 14, 2009 By Frank A. Rubino
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.
The IRS Limited Amnesty Program: What are the Consequences?
October 14, 2009 By Frank A. Rubino, Esq. PA.
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.
State and Federal Agencies Take Steps to Combat Mortgage Fraud
October 14, 2009 By Frank A. Rubino, Esq. PA.
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.
Police Officers Overwhelmed with Paperwork
October 14, 2009 By Mendip Media Group
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.
Civil Forfeiture in Criminal Cases in Arizona
September 25, 2009 By Dwane Cates Law Group, PLLC
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.
Immigration Issues Complicate Efforts to Stop Kidnappings in Arizona
September 17, 2009 By The Baker Law Firm, LLC
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.
Highway Drug Arrests in Arizona
September 15, 2009 By Cates, Hanson, Sargeant, & Rakestraw, P.L.C.
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.
Cracking Down on Loan Modification Fraud
September 15, 2009 By Weintraub & Selth, APC
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.
Lawmakers Work to Sharpen the Teeth of Anti-Texting Law
September 15, 2009 By The Law Offices of Smith & Doran, P.C.
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.
How a Kansas City Criminal Defense Attorney Will Benefit Your Case
September 8, 2009 By The O'Connor Law Firm
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.
The Impact of Shoplifting Charges on Immigration Status
September 8, 2009 By John F. Marshall
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.
South African Refugee Could See Reversal of Fortunes
September 8, 2009 By Mamann, Sandaluk Immigration Lawyers
It was like robbing a bank and then yapping about it to the whole world.
Stopped on the Highway in Arizona and Charged with a Drug Crime?
September 6, 2009 By Dwane Cates Law Group, PLLC
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.
Serious Consequences for Domestic Violence in North Carolina
September 4, 2009 By Gregory & McClinton, PLLC
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.
Are Your Cell Phone Conversations Secure?
September 4, 2009 By Resolution Assurance Group
Eavesdroppers, thieves and hackers are all out there -- but you can prevent them from accessing your secrets.
Who Needs the Use of a Private Investigator?
September 4, 2009 By Resolution Assurance Group
How Private Investigators are saving businesses millions and changing lives.
Corporations: Not a License To Steal
September 4, 2009 By Pohl & Short, P.A.
Florida, as well as other states created by statute, corporate entities to shield owners from personal liability in order to promote trade and commerce.
Fishing Trip at Risk over DUI
September 2, 2009 By Mamann, Sandaluk Immigration Lawyers
Fishing Vacation to Canada
Contract Law 101 (Part II) -- Contract Requirements I
August 30, 2009 By Ben-zvi Barrister & Solicitor
Have contract law problem or have some inquires related to contract law? This is where you will find all your answers.
Should Evidence of Prior False Abuse Allegations be Admissible in Sexual Assault Cases?
August 25, 2009 By John T. Floyd Law Firm
Inadmissible Evidence under 608(b) of the Texas Rules of Evidence May be Admissible under 613(b), Rule 412 or Confrontation Clause.
U.S. Supreme Court Limits Vehicle Searches
August 25, 2009 By John T. Floyd Law Firm
Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest
A Glimpse at the Nation's Drug Problem
August 25, 2009 By John T. Floyd Law Firm
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.
“Juiced” by the Desire for Fitness
August 25, 2009 By John T. Floyd Law Firm
Addiction to Pumping Iron and Juicing Leads to Massive Arrests in Houston Area and Ft. Bend County
High Court to Decide if Dangerous Sex Offenders Can Be Held Indefinitely
August 25, 2009 By Roberts Law Group, PLLC
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.
Sex Crimes in California
August 24, 2009 By The Law Offices of Elliott N. Kanter, A.P.C.
There are few things that inspire public concern like the abduction of a young child. People become riveted by the reports on the crime.
Ohio Implements New Intoxilyzer 8000
August 20, 2009 By Rittgers & Rittgers
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.
Embezzlement: An Employee Will Not Get Off The Hook By Asserting The 5th Amendment Privilege Against Self-Incrimination
August 20, 2009 By Pohl & Short, P.A.
I am often confronted with a dismayed employer who has realized that a trusted employee has stolen and embezzled substantial sums of money.
Should “Sexting” be a Criminal Act?
August 19, 2009 By Shaffer & Engle Law Offices, LLC
As if being a teenager isn’t stressful enough, peer pressure is now being rivaled by a powerful new influential force…exposure.
Handling San Diego DUI Traffic Stops
August 19, 2009 By San Diego DUI Lawyer Firm
Your rights when detained on suspicion of Drunk Driving in California. Comprehensive DUI/DWI Information resource for driving under the influence defense.
The Losing Battle Over Indigent Defendant Rights in Georgia
August 17, 2009 By Garland, Samuel & Loeb
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.
Utah Legislature Taking Action to Prevent Fraud
August 13, 2009 By Druyon Law Offices, P.C.
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.
Arrested for Murder at 13, Exonerated at 30
August 12, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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.
Police Bust 21 Students in University Drug Sweep
August 12, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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.
Changes to Illinois DUI Laws: Consequences for Out-of-State Drivers
August 12, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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.
Changes to Illinois DUI License Suspension
August 12, 2009 By Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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.
Washington's Electronic Sex Offender Notification and Registration System
August 11, 2009 By Law Offices of James Newton, PLLC
2009 Changes to Washington's Sex Offender Registration Laws
Arizona Supreme Court Ruling Makes it Easier to be Convicted of a DUI
August 11, 2009 By Blumberg & Associates
Defining "Actual Physical Custody" under Arizona Law
The Impact of Gant v. Arizona on Motor Vehicle Searches
August 11, 2009 By Law Office of Harold W. Stone III
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."
Intoxication as a Multiple Defence in South African Criminal Law
August 3, 2009 By Eversheds
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’.
New Jersey DWI Ten-Year Step Down Rule
July 20, 2009 By Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
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.
Federal Computer Fraud and Abuse Act Remedies Potentially Available to Hawaii Employers for Deleted Files
July 19, 2009 By Law Office of Roman Amaguin
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.
Sources of Compensation in a Drunk Driving Accident in Illinois
July 17, 2009 By Salvi & Maher, L.L.C.
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.
Sentencing
July 17, 2009 By Adam Goodman, Barrister & Solicitor
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.
Theft FAQ
July 17, 2009 By Adam Goodman, Barrister & Solicitor
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.
Diversion Programs FAQ
July 17, 2009 By Adam Goodman, Barrister & Solicitor
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.
FAQ - Domestic Assault Charges in Ontario, Canada
July 17, 2009 By Adam Goodman, Barrister & Solicitor
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.
The Enforcement of Foreign Judgments in Canada
July 13, 2009 By Ellyn Law LLP
This article is for information only and not legal advice. The author discusses the enforcement of foreign judgments in Canada. This article was originally presented in French at the Conference of the Association of French Speaking Lawyers of Ontario (AJEFO) in Niagara Falls, Ontario, June 4, 2004. It has been translated into English by the author. The content is still current to 2009.
A Drew Peterson Defense
July 5, 2009 By John T. Floyd Law Firm
Legislators and State Prosecutors Attempting to Deny Confrontation Clause Guarantees, Presumption of Innocence
A Defense Attorney in the Heat of Battle
July 5, 2009 By John T. Floyd Law Firm
Rule 606(b) of the Texas Rules of Evidence; Conducting Inquiry into Juror Misconduct
U.S. Supreme Court Limits Vehicle Searches
July 5, 2009 By John T. Floyd Law Firm
Arizona v. Gant, 129 S.Ct. 1710, (2009); Vehicle Searches after Arrest
Why Trial by Jury is Usually a Better Choice than a Bench Trial
July 2, 2009 By Greg Smith & Associates
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.
Advice for Parents: Keeping Teen Drivers Safe during Spring Celebrations
July 2, 2009 By Hal Waldman & Associates
Parents may not be able to prevent teenage drinking, but can take steps to prevent teenage drunk driving and reduce potential personal liability.
Sexting Poses Challenges to North Carolina Laws
July 2, 2009 By Roberts Law Group, PLLC
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.
What to Do if you are Charged with a Drug Crime in New Jersey
June 30, 2009 By Randolph Wolf, Esq
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.
National College for DUI Defense 2009: Discovering What You Need to Win
June 25, 2009 By Ramsell & Associates, LLC
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.
DUI Facts: Statutory Summary Suspension
June 24, 2009 By Ramsell & Associates, LLC
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.
Hawaii Employment Law Briefing: Hawaii Security Breach and Identity Theft Law Basics
June 24, 2009 By Law Office of Roman Amaguin
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.
Continuing Disclosure Obligations and Chinese Contracts – Beware
June 17, 2009 By MMLC Group - MMLC Murphy Wang
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.
Tips on Whether you Should Fight your Traffic Ticket or Not
June 13, 2009 By Brenner Law Firm
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.
Drunk Driving Accidents in California Are Uncalled for and Need Legal Aid
June 12, 2009 By Robert Reeves Law Group
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.
Ship Arrest as an Executory Measure in Cameroon
June 11, 2009 By Henry, Samuelson & Co.
The law governing ship arrest as an executory measure in Cameroon is the CEMAC Merchant Shipping Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the Arrest of Ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships.
Sexual Abuse Victims are Seeking Civil Compensation with the Help of Personal Injury Lawyers
June 8, 2009 By Robert Reeves Law Group
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.
Tips on What to Do if you are Arrested or Cited
June 3, 2009 By Brenner Law Firm
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.
The Law on your Side: Illinois Citizens Now Exposed to Liability for Serving Alcohol to Minors
June 1, 2009 By Corboy & Demetrio
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 Injuries are Uncalled for, Consult an Attorney Following an Incident
May 28, 2009 By Robert Reeves Law Group
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.
Standards of Proof
May 16, 2009 By John T. Floyd Law Firm
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.
A Defense against Torture
May 16, 2009 By John T. Floyd Law Firm
The rule of law prevails over the demands of politics
Cyber Crime Top 10 Dos & Don’ts
May 14, 2009 By Seltzer Law, PA
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.
Could Medical Marijuana Soon be Legal in New Jersey?
May 6, 2009 By Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
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.
Why Shoplifting in New Jersey could Cost you more than you Think
May 6, 2009 By Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
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.
Domestic Violence Charges in New Jersey May Require Twice the Court Time
May 6, 2009 By Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
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.
Why Passing a Breathalyzer Test Doesn't Guarantee Against a DUI Conviction
May 6, 2009 By Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
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.
"Consensual" Searches and Seizures: Did "Yes" Really Mean "Yes"?
May 5, 2009 By Stephen A. Brundage, Attorney at Law
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 CIA Terror Memos
April 29, 2009 By John T. Floyd Law Firm
Legal Opinions Redefine Torture, Criminal Acts
Torture Fallout Continues
April 29, 2009 By John T. Floyd Law Firm
Foreign Investigation of Torture Techniques Sanctioned by Bush Administration
Un-indicted Co-conspirator(s): An Unnecessary Stigma
April 29, 2009 By John T. Floyd Law Firm
The Right Wing and the Council on American-Islamic Relations; No Due Process for the Unindicted
Sentencing Departures since Booker
April 29, 2009 By John T. Floyd Law Firm
Defense Lawyers Must Prepare for Federal Sentencing
What is Sexting?
April 29, 2009 By John T. Floyd Law Firm
Sexting Among Children; Criminal Behavior or Brash Sign of the Times
Child Porn: An Increasing Problem in all Segments of Society
April 29, 2009 By John T. Floyd Law Firm
Federally funded task forces make online crimes against children top priority.
The Plague of Piracy
April 29, 2009 By John T. Floyd Law Firm
Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges
Criminal Defense in Illinois
April 24, 2009 By Franks & Rechenberg, P.C.
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.
Definition of Under the Influence of Alcohol
April 23, 2009 By Ramsell & Associates, LLC
“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.)
Statute of Limitations – Criminal DUI Offenses
April 23, 2009 By Ramsell & Associates, LLC
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.
DUI Law: General Theory of Breath Testing
April 17, 2009 By Ramsell & Associates, LLC
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.
I’m Getting Pulled Over, Now What?
March 11, 2009 By Randolph Wolf, Esq
7 important things to remember and do when getting pulled over by a police officer.
It Pays to Fight
March 7, 2009 By Law Office of Kerrisa Chelkowski
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.
The $25,000 Martini
March 7, 2009 By Law Office of Kerrisa Chelkowski
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.
Jerome Kiervel-Societe Generale Case
February 20, 2009 By The Blanch Law Firm
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.
Pharmaceutical & Insurance Fraud
February 20, 2009 By The Blanch Law Firm
This article provides an overview of medical, pharmaceutical & health insurance fraud: types of fraud, acts & statutes, case studies, prosecution strategies & defense strategies.
Fighting False Allegations of Domestic Abuse
February 19, 2009 By Maury D. Beaulier, Attorney at Law
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.
Texas Criminal Appeals
February 18, 2009 By Stephen Gustitis Law Office
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.
DUI and DWI Ignition Interlock Devices
February 16, 2009 By Randolph Wolf, Esq
In combating the dangers of Drunk Driving, technology rides the forefront of effective deterrence.
Hiring a Private Investigator: What to Look For
February 13, 2009 By Four-Front Investigations Inc
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.
Georgia DUI Ten Day Rule Administrative License Suspension
February 13, 2009 By Law Office Jack I. Klein
In Georgia if you are charged with a DUI you may have only ten days to save your Driver's License.
Home Invasion Robberies on the Rise
February 12, 2009 By Four-Front Investigations Inc
Recent Law Enforcement Studies have shown home invasion robberies are on the rise! What can you do to avoid being the next victim?
San Diego DUI: What do I Do Now?
February 11, 2009 By Superior Law Group
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.
A Practical Guide to the DUI Summary Suspension Laws
February 3, 2009 By Ramsell & Associates, LLC
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.
False Domestic Violence Charges: Domestic Legal Violence in Florida's Injunctive Relief Statute
January 28, 2009 By Stephen G. Cobb
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.
Defamation and Privacy Law in Indonesia
January 23, 2009 By Simbolon & Partners
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.
Beat Illinois DUI Breath Tests: Foreign Substances and Breathalyzer Testing
January 19, 2009 By Ramsell & Associates, LLC
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.
Illinois Commercial Drivers License (CDL) Laws for DUI and Other Traffic Related Incidents
January 19, 2009 By Ramsell & Associates, LLC
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
January 15, 2009 By Blackfriars LLP
The Nigerian Public Procurement Act 2007 and Debarment of Multinational Corporations from Participating in Government Contracts: Unanswered Questions on Debarment and Exclusion Rules
Reversing a Bad Result - Ineffective Assistance of Counsel
January 12, 2009 By Stephen Gustitis Law Office
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.
Misrepresentation: Legal Hypothetical
December 28, 2008 By Harrington Law Associates, PLLC
Discussion of fraudulent and negligent misrepresentation in the context of a hypothetical fact pattern.
Limitations Period in Civil RICO Litigation
December 28, 2008 By Harrington Law Associates, PLLC
Discuss of statute of limitations in civil RICO litigation.
The Hole in the Texas Non-Disclosure Statute
December 19, 2008 By Stephen Gustitis Law Office
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.
Every Lawyer's Guide to DUI/DWI
December 13, 2008 By Ramsell & Associates, LLC
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.
Alcohol Monitoring Ankle Bracelets in DUI Cases (SCRAM)
December 13, 2008 By Ramsell & Associates, LLC
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.
New 2009 Illinois DUI Laws - MDDP and Driving Permits
December 13, 2008 By Ramsell & Associates, LLC
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.
California Loan Modification Scams & Foreclosure Consultant Frauds - Regulations Followed by the CA Department of Real Estate
December 12, 2008 By Law Firm of Attorney R. Sebastian Gibson
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.
DUI-DWI Legal Defense in Georgia
December 5, 2008 By Plichta, Alavi & Associates, P.C.
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.
Big Brother Could Be Watching: If in Legal Consensual Online Relationship, Be Wary
November 30, 2008 By Stark Law Offices, P.C.
Where one state recognizes the legality of an online relationship federal law may not.
Breath Tests in Broward County Called into Question after Operator Fired - DUI Attorneys Challenge Open Cases
November 28, 2008 By Alitowski & Moore
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.
What is Due Diligence?
November 26, 2008 By International Intelligence Limited
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.
Irish Foster Parents Get "Guardianship" Rights for First Time under New Law
November 19, 2008 By Diarmaid Falvey Solicitors
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.
Spies in the Boardroom - UK
November 5, 2008 By International Intelligence Limited
Almost anything is technically possible in espionage when you are dealing with multi-billion pound litigation cases, mergers and accusations or intellectual property rights.
Countering Espionage - A Modern Threat
November 5, 2008 By International Intelligence Limited
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 Defense Issues in Immigration Law
October 30, 2008 By Vincent P. Martin, Esq.
Criminal charges and immigration consequences.
Writ to Protect Your Fundamental Rights in Pakistan
October 27, 2008 By Al Adl Law Chambers Advocates & Legal Consultants
This article describes protection of Fundamental Right is Pakistan and the types of Writ Petitions.
Internet Privacy, Internet Hackers and the Law
October 24, 2008 By Law Firm of Attorney R. Sebastian Gibson
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.
School Bullying - Know Your Legal Rights
October 20, 2008 By Law Office of Sara Powell
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.
Helping a Child Find Help for Abuse in Arizona
October 13, 2008 By Law Office of Sara Powell
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.
What happens when I'm arrested for DUI in California?
October 13, 2008 By Robert A. Koenig & Associates - Criminal & DUI Defense Attorneys
California’s drunken-driving laws are among the most stringent in the nation.
Sex Crimes: Serious Crimes with Weak Evidence
September 11, 2008 By Maury D. Beaulier, Attorney at Law
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 Charges and Their Defense
September 11, 2008 By Maury D. Beaulier, Attorney at Law
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.
Assault and its Defense
September 11, 2008 By Maury D. Beaulier, Attorney at Law
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.
DWI Laws: Do they violate the Constitution's Protections Against Unreasonable Search and Seizure?
September 11, 2008 By Maury D. Beaulier, Attorney at Law
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.
DWI: The Wizard, the Oracle and the Intoxilyzer Source Code
September 11, 2008 By Maury D. Beaulier, Attorney at Law
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.
New Plans for Prosecuting White-Collar Crimes
September 9, 2008 By The Blanch Law Firm
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.
Cyber Crime In South Africa
July 30, 2008 By Couzyn, Hertzog & Horak
This article provides a detailed summary of those issues relating to offences, legislation, legal aspects and jurisdiction in cyber crime cases in South Africa.
The Federal Grand Jury: Ten Tips for the Unwary
May 25, 2008 By Solomon L. Wisenberg, Attorney
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.
Federal Criminal Appeals: 10 Things You Should Know
May 20, 2008 By Solomon L. Wisenberg, Attorney
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?
How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents
May 20, 2008 By Solomon L. Wisenberg, Attorney
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?
Queen for a Day: The Dangerous Game of Proffers, Proffer Agreements and Proffer Letters
May 20, 2008 By Solomon L. Wisenberg, Attorney
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?
Criminal Charges and Immigration Consequences
May 8, 2008 By Cundy & Martin, LLC
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.
Federal RICO Crimes
March 14, 2008 By McNabb Associates, P.C.
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.).
International Extradition
March 10, 2008 By McNabb Associates, P.C.
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.
Federal False Statements Crimes
March 9, 2008 By McNabb Associates, P.C.
Making false statements is a very serious crime. It is defined as "an untrue statement knowingly made with the intent to mislead."
Federal Accounting Fraud Crimes
March 7, 2008 By McNabb Associates, P.C.
Like other forms of white collar fraud, the objective of accounting fraud is to accomplish a desired result by deception, trickery, concealment, and/or dishonesty.
Federal Criminal Conspiracy Crimes
March 6, 2008 By McNabb Associates, P.C.
A conspiracy is "an agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and [often] action or conduct that furthers the agreement; a combination for an unlawful purpose."
Federal Wire Fraud Crimes
March 4, 2008 By McNabb Associates, P.C.
Wire fraud is an act of fraud using electronic communication. Black's Law Dictionary 687 (8th ed. 2005). This electronic communication can be via wire, radio, or television. 18 U.S.C. § 1343 (2007).
Illinois Driver License Suspensions
March 2, 2008 By Shestokas and Raines Law Offices
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.
Power of Cypriot Courts to Issue Discovery and Disclosure Orders
February 12, 2008 By Patrikios Pavlou & Co
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.
Credit Card Fraud
February 8, 2008 By New York Criminal Lawyer
The following information is designed to help individuals facing credit card fraud prosecution.
Felony Process in Illinois
February 5, 2008 By Shestokas and Raines Law Offices
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.
Federal Mortgage Fraud Charges
January 23, 2008 By McNabb Associates, P.C.
Unlike mail fraud, bank fraud, or wire fraud, mortgage fraud does not have its own federal statute associated with it. However, that definitely does not prevent the federal government from aggressively prosecuting the crime under the title of "mortgage fraud.".
Being Denied Entry into Canada Based on Criminality
January 17, 2008 By Larson Sohn Embarkation Law Group
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.
Criminal Inadmissibility and the "Petty Offense Exception"
December 4, 2007 By Ortega-Medina & Associates
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.
Federal Mail Fraud Crimes
October 26, 2007 By McNabb Associates, P.C.
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.
