Criminal Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.

Defenses to Arson Charges

  August 17, 2017     By
Defending against arson charges is often difficult, but this is more complicated when it appears there is a motive such as insurance or revenge...

What Is Considered Arson?

  August 17, 2017     By
Arson is the act of intentional and malicious causing fires for the destruction of property. There are a variety of arson crimes, and additional...

Should We Allow Our Clients to Tell Us the "Whole Truth"

  August 17, 2017     By Stephen Gustitis, Attorney at Law
Allowing clients to tell us the whole truth is always a tactical decision. We never want to limit their ability to defend themselves in a future...

Key Differences between Robbery and Burglary

  August 17, 2017     By
The key differences with robbery and burglary could determine sentencing that is light or heavy, fines that may be minor or excessive and other...

University Discipline . . . The Illusion of Due Process

  August 17, 2017     By Stephen Gustitis, Attorney at Law
Higher education institutions, like colleges and universities, have student codes of conduct. A student may be prosecuted by their university...

Hearsay Exception: Why All Lawyers Should Love "Learned Treatises"

  August 17, 2017     By Stephen Gustitis, Attorney at Law
The learned treatise is the foundation for cross-examining the opposing expert witness. Here are some ideas on how to execute this strategy.

Does the Supreme Court Rule Defense Counsel Must Now Hire "Believable" Expert Witnesses?

  August 17, 2017     By Stephen Gustitis, Attorney at Law
The U.S. Supreme Court ruled that defense counsel must avail themselves of court-appointed funding for experts in order to render effective...

Felony DUIs in Colorado Mean You're Going to Jail

  August 16, 2017     By Hebets & McCallin
In 2015, Colorado passed a law which made a fourth DUI or more a felony offense. By definition, a felony is a crime in which the sentence...

An Immigration Strategy for Your Non-Citizen Criminal Client

  August 16, 2017     By Stephen Gustitis, Attorney at Law
Every criminal defense lawyer needs a plan when they represent non-citizens. Immigration issues can be complex and often more impactful upon the...

The Criminal Defense Lawyer as Entrepreneur

  August 16, 2017     By Stephen Gustitis, Attorney at Law
Criminal lawyers who treat their law practices like a business are the most successful. To enjoy more success, don't think like a lawyer, think...

How to Make Sure Your Client Remains Silent

  August 16, 2017     By Stephen Gustitis, Attorney at Law
So often our clients fail to follow our instructions to remain silent. They just feel compelled to talk. Here are some tips for clients to use...

How to Market Solutions to Potential Clients, Rather than Market Yourself

  August 16, 2017     By Stephen Gustitis, Attorney at Law
Sometimes the best way to market yourself to a potential client is to market them solutions to their problems. Taking the focus off yourself...

Burglary: Beyond Breaking and Entering

  August 16, 2017     By
Burglary is known as an activity where someone illegally enters some structure, home or building with the intent to commit a crime such as...

Stolen Items in Hotel, Am I Permitted to View the Hotel Video Footage?

  August 15, 2017     By
In situations where theft occurs, there may be a few options in progressing to a potential resolution to the matter. It may be possible to seek...

Why DYFS Caseworkers Don’t Help You

  August 15, 2017     By Williams Law Group, LLC
You are under an investigation set out by Child Protection Services. Without a doubt, you are angry, confused, worried, and scared at the...

DYFS Scare Tactics

  August 15, 2017     By Williams Law Group, LLC
Have you found yourself in the midst of an investigation launched by Child Protection Services?

Are the Police Tracking My Phone

  August 14, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
Stingray cases are working their way through the courts now. If you or others you know face a prosecution involving Stingray evidence or...

Implied Consent Law after Drunk Driving Arrest Confuses & Confounds Drivers; Loss of Driver License

  August 14, 2017     By William C. Head, PC
Every person who gets a driver's license in America is subject to having his or her driving privileges taken, if he or she refuses to take the...

I’m Being Investigated for Arson. What Should I Do?

  August 11, 2017     By
Arson investigations occur when a building that has caught fire may be suspicious. A person that either owns the property or has insurance on...

The Romberg Test Is a Medical Evaluation Being Used by a Lay Person as a Non-Standardized Field Sobriety Test

  August 11, 2017     By William C. Head, PC
Police in America, on a NATIONAL level, have created a bogus roadside evaluation called the modified Romberg balance test. Although recently...

Can I Sleep in My Vehicle in Canada While Drunk?

  August 11, 2017     By Acumen Law Corporation
The City of Victoria has a plan to deal with homelessness. Like so many lawmakers before them, city officials are trying to come with novel and...

Explaining the Difference between Indictable Crimes and Disorderly Persons Offenses in New Jersey

  August 11, 2017     By The Gorman Law Firm
In New Jersey, violations of the state’s criminal code can be of the more serious variety – indictable crimes – or the less serious variety –...

When Can Police Search Your Cellphone in Canada?

  August 11, 2017     By Acumen Law Corporation
You have been told you’re under arrest by police for an alleged crime. Now the officer at the scene wants to search your cellphone, and is even...

Romberg Test DUI Results Used by Police Have Never Been Proven to Reliably Identify Drug Impairment

  August 11, 2017     By William C. Head, PC
Named after a 19th-century neurologist, the Romberg test is used to evaluate medical patients to see if they have “normal” balance while simply...

Differences Between Armed Robbery and Robbery in Georgia: Who Was the Victim? Was a Weapon Used?

  August 11, 2017     By William C. Head, PC
Robbery in Georgia is a felony. The potential jail time varies [depending on whether] a weapon is involved. or the victim is elderly.

Being a Habitual Traffic Offender in Colorado Requires Mandatory Jail Time

  August 11, 2017     By Steven J. Pisani, Attorney at Law
Driving with a revoked license comes with this fatal consequence- mandatory jail sentence. A traffic defense attorney can even challenge this...

Can My Weapons Be Taken if a Restraining Order Is Filed Against Me?

  August 9, 2017     By Lyons & Associates
If a Restraining Order is filed against you, the police may confiscate any type of weapon or weapons that may cause harm or bodily injury to the...

Hiring the Best Criminal Defense Attorney for Your Family Violence or Domestic Battery Case

  August 9, 2017     By William C. Head, PC
The crime of Domestic Violence is disruptive to both the family unit, but can bring harsh criminal consequences if not handled correctly....

Conditional Discharge Plea Available to Protect Criminal Record from a 1st Offense Drug Charge in Georgia

  August 9, 2017     By William C. Head, PC
A special Georgia Statute, § 16-13-2, permits a court with a pretrial intervention program (PTI) or conditional discharge to offer qualified...

Should Older People Be Barred from Driving?

  August 9, 2017     By Hebets & McCallin
Utah recently passed a bill to lower the per se limit for DUI from .08, the national standard, to .05. The state argued that numerous studies...

Georgia DUI Laws Punish DUI-Drugs More Harshly, So DUI-Marijuana Cases Must Be Fought

  August 8, 2017     By William C. Head, PC
Most people know that possession of more than an ounce of marijuana—a Schedule I controlled substance—is a felony. But, even when no marijuana...

Intersection between Arson and Insurance Fraud

  August 8, 2017     By
Arson usually involves at least one other crime when committed such as insurance fraud. This happens when the person that sets the fire also has...

Georgia Drunk Driving Law Now Offers Some Georgia Licensees an Ignition Interlock Option for DUI Refusal

  August 8, 2017     By William C. Head, PC
For the first time in Georgia DUI history, a person who has refused to take a post-arrest forensic test of breath, blood or urine can get an...

Arresting Individuals in UAE

  August 7, 2017     By Hassan Elhais
A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios.

How Criminal Defense Lawyers Should Charge Fees

  August 7, 2017     By Stephen Gustitis, Attorney at Law
Setting legal fees in criminal cases is always a challenge. Setting a premium fee helps the client get the best service.

Criminal Defense Attorneys Should Never Give Up!

  August 7, 2017     By Stephen Gustitis, Attorney at Law
Criminal defense attorneys need the support of their colleagues and friends. Just knowing that someone else understands and has walked a mile in...

Actual & Apparent Authority in Consent Searches

  August 7, 2017     By Stephen Gustitis, Attorney at Law
A valid consent search can sink a criminal defense lawyer's case. Knowing the difference between actual and apparent authority to consent can...

Degrees of Arson Charges

  August 7, 2017     By
Arson is the crime of intentional, willful and actively burning a building or similar structure. When someone causes this to occur, he or she...

Who Should Be Polygraphing Our Criminal Defense Clients?

  August 7, 2017     By Stephen Gustitis, Attorney at Law
For young criminal defense attorneys learning the ropes, "who should polygraph my client" is a familiar question.

White Collar Crimes

White collar crimes are typically non-violent crimes that involve some type of deceit that yields a monetary gain for the perpetrator. As...

Cross-Examine Blood Draw Witnesses: Quick-and-Dirty Phlebotomy Basics

  August 4, 2017     By Stephen Gustitis, Attorney at Law
The criminal DWI defense lawyer must know how to cross-examine the prosecutor's blood draw witness. Some phlebotomy basics will help get you...

When Nonpayment of Child Support is Criminalized

  August 4, 2017     By
The parent with the most income from a career or when taking on financial projects is usually the one tasked with paying child support for the...

Ignorance of the Law is Now an Excuse for No Reasonable Suspicion

  August 3, 2017     By Stephen Gustitis, Attorney at Law
Under a new United States Supreme Court case, police officers can now use their ignorance of the law as an excuse for making a investigative...

Marketing Your Criminal Defense Credibility Online

  August 3, 2017     By Stephen Gustitis, Attorney at Law
A criminal defense lawyer's credibility is their stock-in-trade. Leveraging credibility online can help the defense lawyer attract more and...

On Choosing the Right Law Partner

  August 3, 2017     By Stephen Gustitis, Attorney at Law
Should criminal defense lawyers fly solo or team-up with others in partnership? There are some important points to consider before choosing a...

How Do Criminal Defense Lawyers Get Jurors to Tell Us the Truth?

  August 2, 2017     By Stephen Gustitis, Attorney at Law
Criminal defense lawyers must persuade jurors to tell the truth during jury selection. Revealing their bias is imperative to our client's right...

Texas Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases

  August 2, 2017     By Stephen Gustitis, Attorney at Law
In Brazos County, the Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their...

Using SFST Validation Studies in Your Next DWI Trial

  August 2, 2017     By Stephen Gustitis, Attorney at Law
DWI defense attorneys can use the Standardized Field Sobriety Test studies to impeach the reliability of the tests. Here are some tips for the...

Another Nuts-and-Bolts Primer on Batson Challenges

  August 2, 2017     By Stephen Gustitis, Attorney at Law
Texas criminal defense attorneys need a plan and excellent records to combat the racially motivated peremptory strike during jury selection.

Arrest Order Issued by the Public Prosecution in UAE

  August 2, 2017     By Hassan Elhais
Regardless of whether the Public Prosecution received the arrest order of the accused or not, the law gives them the right to issue their own...

Federal Bank Robbery Charges

  August 1, 2017     By
Bank robbery is a crime with severe punishments because there is the intent to harm, the use of tools or equipment or the actual injury to...

What Is Federal Embezzlement?

  August 1, 2017     By
Embezzlement occurs when someone that is trusted has illegally acquired access to either property or assets that are accessed or obtained...

Federal Money Laundering Definition and Penalties

  August 1, 2017     By
Money Laundering usually occurs when money that has been acquired through criminal actions goes through a process with a legitimate company and...

Bankruptcy Fraud: When is it Committed?

  August 1, 2017     By
Bankruptcy fraud usually occurs when one of four types of crimes occurs. These may include someone owing money concealing his or her assets for...

About Federal Antitrust Laws

  August 1, 2017     By
The antitrust laws in the United States are a collection of both federal and state regulations in place that control both the conduct and...

When Does Bribery Result in Federal Charges?

  August 1, 2017     By
Bribery is a crime that may cause someone to spent time in jail, have fines issued or more severe punishments because the individual has offered...

Federal Racketeering

  August 1, 2017     By
The crime of racketeering occurs when organized groups of individuals are running businesses illegally, and these are called rackets. It may...

Federal RICO Charges and Penalties

  August 1, 2017     By
There are laws against organized crime that Congress passed for Racketeer Influenced and Corrupt Organizations Law, RICO in 1970. Through this...

About Federal Healthcare Fraud

  August 1, 2017     By
Healthcare fraud is a serious crime that affects multiple individuals when someone engaging in an attempt to intentionally defraud the...

What Is Government Fraud?

  August 1, 2017     By
Government fraud may be classified as an illegal action that has been committed intentionally in order to shift government funds to another...

Travelling with a Criminal Record in Canada

  August 1, 2017     By Ginzburg Legal
It’s no secret. A criminal record can have a serious impact on your job, your immigration status, not to mention your personal and family life....

Use Kelly v. State to Challenge Any Scientific Evidence in Texas

  August 1, 2017     By Stephen Gustitis, Attorney at Law
The Texas criminal defense lawyer can use Kelly v. State to challenge the prosecutor's use of scientific evidence in court. Here's a real-life...

How an Alcohol Expert Can Help in DUI Cases

  August 1, 2017     By
Drivers that get behind the wheel while intoxicated may run the risk of being pulled over by law enforcement officers. When charged and...

How to Find the One Best Case for Your Client

  August 1, 2017     By Stephen Gustitis, Attorney at Law
Where do we find the best, the most persuasive case for our client? How do we build a story which is internally consistent? How do we construct...

How to Subpoena an Out-of-State Witness to Texas Criminal Court

  July 31, 2017     By Stephen Gustitis, Attorney at Law
Here are some practical tips on getting an out-of-state witness summoned to testify in Texas criminal court.

Preserving Error in Texas Retrograde Extrapolation Cases

  July 31, 2017     By Stephen Gustitis, Attorney at Law
Texas DWI defense attorneys should be proficient in preserving error when the State seeks to admit retrograde extrapolation evidence against...

Florida Criminal Law: Domestic Battery Violence

  July 29, 2017     By
Domestic violence is a serious dynamic that happens in all states and crosses all racial, cultural and socioeconomic lines. It occurs when a...

Florida Criminal Law: DUI Breath Tests, Mechanics and Defenses

  July 29, 2017     By
When someone is stopped for suspicion of drunk driving, it is common for law enforcement to request the driver to take a breath test. This is...

Florida Criminal Law: Resisting an Officer Without Violence

  July 28, 2017     By
In Florida, it is a crime to resist an officer who is carrying out a legal duty such as an arrest even if the resistance is not violent in...

A Toxicological Guide to Retrograde Extrapolation Cross-Examination

  July 28, 2017     By Stephen Gustitis, Attorney at Law
How do criminal defense attorneys cross examine the prosecutor's expert on retrograde extrapolation issues? Here are some tips on using...

Using Metrology to Understand Forensic Measurements

  July 28, 2017     By Stephen Gustitis, Attorney at Law
Understanding the science of measurement can help a defense attorney deconstruct a measurement relied upon by the prosecutor. Their ability to...

Evaluating Anonymous Tips

  July 27, 2017     By Stephen Gustitis, Attorney at Law
Many traffic stops are conducted based upon information in an anonymous tip. The criminal defense lawyer, consequently, must have a firm...

Florida Criminal Law: Cultivation of Marijuana

  July 26, 2017     By
Florida has a specific law that prohibits the cultivation of marijuana. Individuals who are convicted of this crime face serious penalties....

Drink-Driving in Italy

  July 25, 2017     By Arnone & Sicomo
Drink-Driving in Italy is an offence punished with contravention, and of competence of the Court in monocratic composition, in accordance with...

How Does Child Abuse Affect Custody in New Jersey?

  July 24, 2017     By Williams Law Group, LLC
A decision to sever a marriage either by divorce or separation is not one to be taken lightly. While the disbursement of a property is often a...

Privatizing the Patriot Act: The Criminalization of Environmental and Animal Protectionists

  July 22, 2017     By
The United States Patriot Act was implemented in 2001, and it has given law enforcement and other related agencies additional power to seek out,...

How Is Child Abuse Determined in New Jersey?

  July 20, 2017     By Williams Law Group, LLC
Child abuse is considered a serious crime throughout the United States.

Criminal Tax Evasion in Colorado

  July 19, 2017     By
Tax evasion charges in Colorado have significant consequences. Individuals may face an intense investigation and uncertainty when being...

How the IRS Investigates FBAR Violations

  July 17, 2017     By International Tax Attorney LLC
After the foreign bank reports the non-compliant taxpayer’s account information to the foreign taxing authority, the information is then...

Florida Criminal Law: Loitering or Prowling

  July 17, 2017     By
One charge that some law enforcement officers pursue when they cannot figure out the type of criminal activity involved is that of loitering or...

Law Enforcement Needs a Warrant to Search Your Cell Phone

  July 14, 2017     By JC Lawrence And Associates LLC
In 2014, a landmark US Supreme Court decision required law enforcement officers to obtain a warrant before searching through an arrestee’s cell...

11 Myths about DUI & DWI Lawyers

  July 14, 2017     By Michael Greenberg, Esq.
A DUI & DWI lawyer is a professional specialized in representing clients faced with charges for various traffic offenses. Driving under the...

Police Tried to Forcefully Take my Cellphone When I Demanded a Lawyer

  July 13, 2017     By
Law enforcement officers are provided a number of actions before a lawyer may be called. However, if questions are initiated through an...

Dealer did not Pay Off my Trade-In, Is that a Crime?

  July 13, 2017     By
Persons that make deals with dealerships often come out on the losing end, and this causes plenty of strife that is usually unnecessary....

Pretrial Imprisonment Order in UAE

  July 12, 2017     By Hassan Elhais
The Public Prosecution, ordinarily, has a discretionary power to issue the pretrial imprisonment order unless there is a special case described...

What's the Difference between Probation and Parole in Texas?

  July 6, 2017     By Varghese Summersett, PLLC
The criminal justice system is confusing, and it’s easy for people to mix up words or use them interchangeably. “Probation” and “parole” are two...

Texting and Driving: Worse than DUI?

  July 6, 2017     By Hebets & McCallin
In recent years cell phones have become ubiquitous and texting has become a primary form of communication. While this adds convenience to our...

Here’s What You Can Do if You’ve Been Falsely Accused of Identity Theft

  July 6, 2017     By Steven J. Pisani, Attorney at Law
The obvious reaction on getting accused for identity theft would be to panic, however, consulting a criminal defense attorney could get you much...

European Arrest Warrant

  July 5, 2017     By Arnone & Sicomo
The European arrest warrant (EAW) is a legal procedure which consists in the request by an EU Member State's judicial authority to another State...

Extradition in Italy

  July 5, 2017     By Arnone & Sicomo
Extradition is a mechanism for international cooperation among sovereign States, it consists in the procedure by which a State (the requested...

When Someone Is Misusing Someone’s POA, Is that Fraud or Elder Abuse?

  June 30, 2017     By
When someone is misusing a power of attorney, there may be many types of legal claims that can be made.

Vital Tips on How to Win a DUI Case in Georgia

  June 30, 2017     By William C. Head, PC
Many Clients facing DUI ask their criminal defense attorney about what they can do to assist the drunk driving defense lawyer win their case. By...

Georgia Implied Consent Law: New Ignition Interlock Option on DUI Refusal to Avoid Total License Suspension

  June 30, 2017     By William C. Head, PC
Georgia DUI Laws have been rated as the second toughest in America. A new modification of the harsh one-year suspension for a DUI refusal to...

Can an Employer Refuse to Hire Applicants Because of Their Criminal Record?

  June 30, 2017     By
Many people have some type of blemish on their criminal record. Negative information on a person’s criminal record can impact their ability to...

Understanding Sexual Battery and Rape Charges in Florida

  June 26, 2017     By Joffe Law, PA
Florida lawmakers take sexual battery crimes very seriously. For this reason, penalties are severe and crimes are aggressively prosecuted....

Statutory Definition of Lewd or Lascivious Conduct and Potential Punishments in Florida

  June 26, 2017     By Joffe Law, PA
Lewd or lascivious conduct in Florida is the touching of a child younger than 16 when the actions fall below the level of lewd or lascivious...

Defining Burglary in Florida and How to Defend Against Criminal Charges

  June 26, 2017     By Joffe Law, PA
Burglary charges in Florida are very serious in nature. A conviction can easily spell years behind bars for a convicted defendant. Knowing the...

Criminal Implications of the Florida Money Laundering Act

  June 26, 2017     By Joffe Law, PA
Individuals in Florida who conceal the source of money that derives from illegal means may wind up facing prosecution under the Florida Money...

Florida Criminal Defense Lawyers Tackle Bankruptcy Fraud Allegations

  June 26, 2017     By Joffe Law, PA
Bankruptcy occurs on the federal level. If someone violates the federal laws related to bankruptcy, he or she may face serious penalties. It is...

Do I Need a Criminal Lawyer?

  June 23, 2017     By Hebets & McCallin
As with anything in life, sometimes there are times where we have to determine whether or not to handle a problem or situation on our own, or if...

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