Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
With SXSW in March, Austin City Limits in September and a whole bevy of smaller festivals in between, Texas is no stranger to large music festivals. For different people, festivals mean different things; some come for the bands, some for good times with friends, and some for the drugs.
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.
Quick, who’s the top white collar criminal of all time? If you said, “Bernie Madoff” you’d be wrong, at least as far as sentences go. You wouldn’t be too far off—Mr. Madoff’s 150-year-sentence is impressive, but he only ranks fifth in the list of sentences imposed on high-dollar scammers. Here’s the list of the five most notorious “businessmen” of all time, beginning with that fifth-place notable crook:
The Bureau of Justice Statistics estimates that more than 216,000 people are sexually abused in the US detention system every year. Although there is sufficient proof to believe that the abuse rate against immigrants is much higher than previously thought, there are no such comprehensive reports detailing each case.
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver. He did not have a valid license. Police say he had been drinking and ran a red light. His vehicle collided with a Chevrolet Camero driven by 17 year old Juan Carlos Dominguez-Palomino. The young man was killed.
With the changing political landscape of marijuana legalization nationwide, activism in the Dallas Fort Worth area has grown more visible and popular. With over 400 new members since 2011, DFW NORML has been one of the fastest growing chapters in the country.
Medical marijuana is a very controversial topic. Recently, there have been 16 states with pending legislation or ballot measures on medical marijuana: Florida, Georgia, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin.
Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate
The federal tax collection system is founded on the concept of voluntary compliance. The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.
There are many reasons as to why you were in possession of the property and why you would have never stolen it.
Almost half of all American adults, 48% to be exact, have experimented with marijuana at some point in their life. While many of those staunchly opposed to marijuana legalization argue that weed is a gateway drug for harder, more dangerous substances, many scientific studies have frequently discredited this theory. Marijuana’s label as a gateway drug is likely more a case of mistaken identity of cause for correlation.
The main center of the criminal justice system is that all persons are innocent until proven guilty, beyond a reasonable doubt. In other words, the only way you can be found guilty is if prosecution is able to prove it.
Reports of drugs having washed up on the shores has been going on for many years. Just in the last 20 years, major headlines have been made by the billions of drugs that have been confiscated - and this is just the drugs that are found.
This past week the House of Representatives passed H.R. 4138 ENFORCE the Law Act with a simple majority, 233-181. The act, an acronym for Executive Needs to Faithfully Observe and Respect Congressional Enactments, was written to ensure that the president upholds his constitutional obligation to execute the laws that legislature enacts.
While assault and battery are often charged together, these two terms have very different meanings. Additional a criminal charge of assault or battery carries with it a different definition and burden of proof than a civil complaint of either act. Knowing the difference between these terms can help you protect your legal interests.
Primaries have come to a close in Texas, many Texas politicians are supporting marijuana reform. Wendy Davis, democratic candidate for governor, and Jerry Patterson, lieutenant governor candidate, along with Kinky Friedman, agriculture commissioner candidate, have all shown support for decriminalization or medical legalization.
Marijuana alters a person’s ability to perform certain functions, including operating a motor vehicle. According to a new study, fatal car crashes involving marijuana have tripled during the past decade, which may be responsible for the increase in impaired driving accidents in recent years.
According to Bob Ferguson, the Attorney General of the state of Washington, it’s completely legal for cities and other local governments that don’t want marijuana to be legal in their area to enact laws banning it.
There were 87 exonerations last year—more than have ever been recorded in the past 25 years. In 27 of those cases, it was determined that no crime even occurred, and in 15 cases, it was revealed that defendants had falsely confessed to a crime they never committed.
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.
Theft carries a punishment of imprisonment from 6 months up to 3 years or a fine. Attempted theft, which is also a crime, carries the punishment from 3 months up to 18 months or a fine.
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.
Many individuals may brush off a misdemeanor conviction as being not serious. They may quickly plead guilty to avoid the expense and publicity of a trial, thinking that a misdemeanor will not affect them. However, any criminal conviction can have long-lasting consequences. Criminal defendants should be aware of the potential impact of any conviction before they accept a plea agreement or plead guilty.
On 21st February 2014, the MFSA issued a Notice to Financial Services Licence Holders informing them on the Financial Action Task Force (FATF) identifying jurisdictions with strategic deficiencies, as outlined in the recent publication of two public documents. These countries are considered to have strategic deficiencies regarding anti-money laundering& and combating the financing of terrorism (AML/CFT).
While reading can aid in learning, there is no substitute for doing. Reading about what steps should be taken to solve a tax problem is no different than reading about how to ride a bicycle. In the same way that the only way to learn how to ride a bicycle is by experiencing it firsthand – i.e., by physically getting on it (and perhaps falling off it more than once) – the only way to become proficient at solving tax problems is by trudging through a multitude of hypotheticals.
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.
Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.
There have formulated a number of theories to explain, at least partially, the national decline of violent crime. The first plausible reason – and one embraced by many – is that a lot of American cities have increased the number of law enforcement per capita, and that police officers are getting more skilled at their jobs.
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.
In Georgia, there is more than one way to be convicted of a DUI charge. The prosecution has the burden of proof that you have violated the law.
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.
It is a serious crime that is punishable with a long jail sentence to carry a concealed weapon in the State of Florida. But, there are ways to legally carry a firearm in Florida, which will keep you from being arrested and thrown in jail.
Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not.
California Penal Code 459 discusses burglaries and proscribes which type of activity may result in a conviction for first or second degree burglary. Subsequent statutes discuss the legal ramifications of a conviction under this section of the criminal code.
If you or a loved one was given probation, the judge who handled your initial case probably described what your probationary period would consist of. He or she probably set forth certain rules that you were supposed to follow, such as meeting with a probation officer on a regular schedule, abstaining from drugs and alcohol and following all laws.
It is considered a serious crime to carry a concealed weapon in Florida, a crime punishable by a long prison sentence. However, there are ways you can carry a firearm in Florida legally so as not to subject you to getting arrested and put in jail. If you live in Florida and own a firearm, it is vital that you know and understand how and when you can carry your firearm without being arrested.
Someone who drinks excessively and then commits a domestic violent crime probably isn’t thinking about the legal consequences of their actions.
Why Swiss Bank Clients Who Can’t Stand the Heat Are Getting Out of the Kitchen.
Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
When a criminal defendant is going through the criminal process, he or she may be very confused. The following information provides an overview of the felony process in Illinois.
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
Nary a day goes by that a client doesn’t ask me the question, “Why am I being charged criminally with failing to file my tax returns? Lots of people get behind on their taxes and fail to file their returns for a few years, but they are not prosecuted. Why me?”
Recently, I received a panicked call from a client being detained at a major metropolitan airport. The client, a nonresident U.S. taxpayer, owed money to the Internal Revenue Service. Upon investigation, I learned who was responsible for detaining him: none other than the IRS. Under what authority? A two-year-old program designed to target nonresident delinquent taxpayers who travel to and from the United States.
New Jersey Notice of Federal Tax Change Requirements
In the heat of a domestic argument or in an effort to gain advantage in divorce, one party may call the police to falsely accuse another of domestic violence.
Utah law is harsh on crime. However, it also offers a generous policy for sealing past criminal records, known as expungement.
No one is perfect, and even police officers can be caught driving under the influence. Such is the case for a 28 year-old off-duty police officer of the NYPD.
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."
Congress enacted section 6050I to attack and unearth the underground economy. As enforced, however, section 6050I has been used as a weapon in the IRS’s criminal arsenal.
Last month, a Texas father was charged with reckless homicide and aggravated driving while under the influence of alcohol. The man, F. J., was driving an SUV from Texas to Chicago.
Statistics show a strong correlation between animal abuse and the commission of other crimes. Recognizing this connection, some proponents push for harsher penalties and interventions.
Over two thirds of present inmates and people locked up right now in the United States are those awaiting trial, not convicted criminals. Many of these people are locked up because they can’t afford to bail or they have no means to pay bail. A bail amount is the amount of money to be paid to secure that the accused will return to trial, and failure many times results in imprisonment in a justice system that embraces the term “innocent until proven guilty”.
Criminal charges are defined as charges brought against someone for an illegal act or an act flouting society's rules. There are instances, however, when innocent people are charged for something they don't understand. Do I need a lawyer usually follows the question "what did I do"? The second question should be given some thought, because the definition of criminal charges has wide latitude. To hire a lawyer well versed in criminal law could result in dismissal of charges.
It may seem as though you are standing at the edge of a cliff and are getting ready to fall off, or maybe the feeling you are getting is one of claustrophobia, or something much worse. When the biggest concern on your mind is “what do I do if I have a warrant of arrest” issued for me, the first response should be to find a good lawyer and get some help.
The Internal Revenue Service takes great pleasure in auditing individuals who own their own small businesses. Why target these “moms and pops?” For the simple reason that they often deal in cash and keep two sets of books. Add in possible sales tax violations and before you know it auditors from the state revenue department have joined in the action.
Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part II
Hypotheticals demonstrating when opting out is detrimental to the taxpayer.
Rescued From the Brink of Insanity: Practical Advice for Making the Decision to Opt Out of the OVDI - Part I
Opting Out: The solution for the non-willful OVDI taxpayer? Hypotheticals demonstrating when opting out is in the best interests of the taxpayer.
When discussing unsafe driving in the context of traffic accidents, the lines between criminal and civil liability can often get blurred. The purpose of this article is assist readers in understanding both the criminal and civil legal issues that can arise from a Colorado traffic accident.
Individuals who are embroiled in a divorce or other legal dispute may attempt to dig up dirt or record the other party in order to help their case. However, sometimes parties who engage in this type of behavior may violate relevant privacy laws and may subject themselves to criminal or civil exposure.
While many individuals may confuse the terms “statutory rape” and child molestation, the two are very different from each other. Both terms are defined under state law, so there may be variations in the terms from one state to another.
Unfortunately, people decide to drink and then get behind the wheel every day. While every state has DUI laws that law enforcement agencies across the state enforce, the degree of enforcement and the punishment that someone who violates the law can face is different for each state. In some situations, the exact same conduct can have a very different result in two different states.
Have you been charged with driving under the influence of drugs in Arizona? Are you wondering what the penalties are for an Arizona drug DUI conviction? In Arizona you can be convicted of DUI if you operate a motor vehicle while under the influence of any illegal substance, or any legal substance if you were impaired at the time of driving.
Although according to European Union reports, all Member States must deal with the regulation of bullying with top priority, the Romanian legislature has not included in the new Criminal Code provisions criminalizing bullying. The need of integration was stated in the Romanian doctrine to adjust legislation and regulation of moral harassment at work by making it consistent through all national laws and regulations.
When a person is facing criminal charges, he or she has many important decisions to make. He or she must consider whether to plead guilty or not guilty. He or she must decide whether to take a punishment recommended by a prosecutor. Possibly the most important decision is who he or she should use as a lawyer.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
A "felony" is generally defined as a serious crime usually punishable by imprisonment for more than one year or by death. Accordingly, the grade of the offense is fixed by the punishment.
Solicitation Of Prostitute in Virginia - Has the Substantial Act been Completed?
A recent decision by the United States Supreme Court could have a large impact on state laws relating to drunk driving. Many states, including Massachusetts, have what is known as an implied consent law. This law basically gives law enforcement the right to use blood tests or some other kind of test to determine drivers’ blood alcohol content. The reasoning behind the law is that drivers have given their consent simply by obtaining a driver’s license.
The arrests of two chemists at two separate Massachusetts crime labs earlier this year have raised a lot of questions over the validity of hundreds, if not thousands of convictions in the state. In the most recent case, a chemist is alleged to have tampered with evidence in drug cases, replacing illegal drugs with non-illegal substances according to Reuters. Apparently the chemist used the drugs for her personal consumption.
If you have been charged with drunk driving in Arizona you have (15) fifteen days from the date you were served with either an Admin Per Se or Implied Consent form to request a hearing with the Motor Vehicle Division (MVD); otherwise, your license is automatically suspended.
After a DUI arrest, a suspect will need defense for two cases that are entirely independent from one another; one is from the DMV and the other from the criminal court. The DMV is focused on the suspension of a license by looking at the legality of police detainment and your blood alcohol level. The criminal court, however, will look at all aspects of the case and provide a sentence that can bring penalties of imprisonment, fines, and more.
A Message from Uncle Sam to Taxpayers Who Have Undisclosed Foreign Bank Accounts: the Clock Is Ticking
OVDI: Is the IRS playing unfair? Read on...
In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.
Michigan assault charges can be defended by asserting self-defense. There is a Michigan Self-Defense statute, MCL 750.951 and jury instructions which protect a defendant's right to self-defense. In many cases, there’s no legal duty to retreat from an attacker -- at home or out in public. This is known as the Stand Your Ground defense.
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.
The Federal Sentencing Guidelines are used by judges, prosecutors, and defense attorneys to determine the possible sentence, or the range of a possible sentence, for any federal crime. They are based on the concept that each type of offense should result in a sentence within a determined range – adjusted to the high or low end of the range – depending on certain known factors, including the defendant’s criminal history.[i]
A criminal investigation conducted by the IRS is different from a civil investigation. Criminal investigation of taxpayer returns or fraudulent activity is conducted by the Criminal Investigation Division of the IRS (CI). CI is the heavy artillery of the IRS arsenal.
In an “eggshell audit,” you must walk on eggshells to represent your client effectively in the civil examination without exposing the fraud, all the while honoring your duties to the tax system not to mislead the revenue agent.
To File or Not to File an Amended Return to Correct an Original Return That Has Criminal Tax Dimensions
Your client has filed a fraudulent return underreporting his tax liability. He now has misgivings. He comes to you and expresses great concern. What should you do?
In most tax cases, the IRS only wants to get the money it is owed, along with some interest and penalties. In some cases, the IRS can impose a penalty for negligence, or perhaps a penalty for filing late. However, during an audit, the IRS may suspect that you have been committing tax fraud.
It is important to understand that the laws of New Jersey provide for a suspension of a defendant's driver's license upon conviction of any N.J.S.A. 2C:35 drug offense - even if the offense had nothing to do with a motor vehicle.
A plea bargain is a negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty in return for a concession by the prosecutor. The defendant is presented with the maximum charge or punishment that the defendant would be held to if he or she goes to trial. Subsequently, the prosecutor presents the defendant with an opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence.
Kaufman County neighbors Dallas County and has a no tolerance policy for DWI. If you are pulled over and the officer believes you have been drinking, odds are you are going to jail. But being arrested for a DWI in Kaufman County does not mean you are guilty! It means you need to get ready to fight the charges and our firm can help. This guide will help introduce you to the process so you can know what to expect.
Like most other states, Virginia has tough laws when it comes to driving while under the influence of alcohol and / or drugs.
Learn about Nevada's domestic battery laws and the penalties imposed by the state for conviction of these offenses.
A 29 year-old woman faces criminal charges connected with impaired driving after she struck a minibus carrying disabled children in the hamlet of Central Islip in Suffolk County this month.
A Texas City man was sentenced to 20 years in prison for a drunk driving accident that occurred in 2011.
California domestic violence law has changed a lot over the years. The author explains how things have changed as well as the influences that spurred changes.
The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as safeguarding their intellectual property, financial information and the Company’s reputation, amongst others. Concurrently, critical digital assets are being targeted and the potential impacting businesses has never been greater.
When thinking of shoplifting, you may think of Jean Valjean in Les Misérables who stole bread for his starving sister and was imprisoned for five years. But not everybody who shoplifts steals food because they're hungry. It doesn't matter what was shoplifted, or who did the shoplifting, it is still a crime, and is the most common type of theft happening today in the United States.
Regardless of where you live, driving under the influence is a serious offense with serious consequences, but California drunk driving laws can be especially confusing and difficult to maneuver. The best way to approach them is to work with a lawyer that is well versed in what the laws are and what they mean for you.
Breathalyzers have had a long history of controversy over their effectiveness and validity when used as evidence in a court of law. The author details their history of failure and malfunction as well as their current problems.
Any activity involving the cannabis plant is a criminal offense. In all the jurisdictions, it is an offense to possess marijuana, transport marijuana, drive under the influence of marijuana, sell marijuana and grow cannabis. But scientific evidence verifies that marijuana has the following therapeutic effects:
Individuals convicted of drunk driving in Florida are often required to install Ignition Interlock Devices (IID) in their vehicles as part of their sentences. IIDs require drivers to take a breath test before their vehicles will start. Learn about IID laws in the state of Florida.
A careful review of your case may find critical mistakes. Each may work in your favor and result in a dismissal of your case
What happens after you've been arrested for a OUI in Boston?
On the 15th July 2013, the Malta Financial Services Authority (MFSA) issued a Notice for the purpose of formally notifying all Financial Services License Holders of the recent publication of the Malta Financial Intelligence Analysis Unit (FIAU) Annual Report for 2012, issued in terms of Article 42(1) of the Prevention of Money Laundering Act (Chapter 373, Laws of Malta).