Criminal Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.

Choosing the Right Arlington Juvenile Crime Defense Attorney Could Change Your Life

In Virginia, a juvenile is a child any age below 18 years. A juvenile delinquent is a child who has been involved in a crime that would have been legally punishable, had the individual been an adult, and is under the age of 18 years.

Hire a Dallas Criminal Attorney to Handle Grand Jury

Whether you're a witness or accused, when you're facing a grand jury it is important to get the appropriate legal counsel from a Dallas criminal attorney. Since this process may be entirely new to you, you need to learn how to handle certain questions and what evidence you ought to present to defend yourself. A criminal lawyer in Dallas insures that you use all evidence available to you to prevent the charges and punishment.

Prison Rape in the United States

A Report from Your Florida Sex Crime Attorney - Rape is a horrific crime. Whether the assailant is a stranger, friend, or intimate partner, millions of people have been forced to endure the trauma, depression, and anxiety that comes with such an intimate violation. Florida rape lawyers witness the destruction that date rapes and stranger rapes can wreck upon a person’s psyche and can offer legal advice and support. However, there is one place survivors do not get the support they need: prison.

What Is Split Sentencing?

Since AB109, the measure to realign California’s overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains. While split sentencing has not quite caught on in Los Angeles County as it has in other counties, it may gain popularity as the jails become more and more crowded over the next year. Currently, the majority of split sentences apply to felony sentencing, but it can equally apply to misdemeanors, too.

Does Acquittal from Criminal Charges Give an Ex-employee Right to Reinstatement? - Ethiopia

The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.

Common Questions about the Ignition Interlock Device

The ignition interlock device (IID) is a common penalty to befall many Texan drivers who are arrested for drunk driving. Still, there is still a large misconception about the machine, as well as what it does.

Did DUI Cause Wrongful Death? File an Injury Claim with Atlanta Law Firms

When someone makes the decision to get in their car and drive after having too many drinks or while under the influence of another substance, that person is deciding that their convenience is more important than the safety – and the lives – of others who might be on the road.

What is a Motion for Civil Compromise?

In vandalism, certain theft cases such as shoplifting and embezzlement, and criminal cases involving automobile property damage, a judge may dismiss the case if he or she is satisfied that the victim has been fully compensated for the loss or repair costs and it not desirous of prosecution. In other words, the monetary value of the loss or damage has been settled in a civil manner and the criminal court no longer has any need to be involved.

Alabama DUI Car Accident Law

This article provides a general overview of the possible routes to recovery for individuals injured by a drunk driver in Alabama. In recent years, nearly one-third of all deadly Alabama car accidents involved drunk drivers. Many times, the victims of drunk-driving accidents suffer substantial property damage and personal injuries while the intoxicated driver is unharmed.

Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction

For six years, Defendant Joseph Robert Horvath and his wife tortured, beat and maimed their adopted daughter, starting when she was nine and ending when she was fifteen. The wife thought her husband was sexually molesting the daughter, so she beat the girl until she confirmed this was so. Then the husband would take over and beat the girl for such an accusation, which was false.

Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution forbids a second trial to allow the prosecution a second, redundant opportunity to supply evidence which it failed to introduce in the first trial. In other words, the prosecution cannot make repeated attempts to convict an individual for an alleged offense if it fails to do so on its original attempt.

Kidnapping: Criminal Charges

Kidnapping is a serious offense that is harshly considered by the legal system. Those accused, right or wrong, will have a tough case before them to prove their innocence.

Adult Charges for Juvenile Crimes? It’s Legal in the State of Colorado

In the past month, lawmakers in the state of Colorado have vocalized concerns that too many youth are being charged as adults, and they are now trying to scale back the authority that prosecutors have in the state. Colorado prosecutors have always been able to charge juveniles as adults when they commit serious crimes because of a process called a “direct file”.

Types of DWI

If you or a family member were arrested for driving while intoxicated, it is important that you have all the information you need regarding your case. Knowing about the charges you may be facing could help you make the best decision about keeping your freedom. Driving while intoxicated (DWI) is a criminal offense throughout the United States.

The Difference Between Assault and Battery Charges

In most states, assault and battery are two separate charges that are almost always charged at the same time. If you have been charged with assault, battery, or both, you will need to know the difference between these charges and how they will affect your future.

What is a DMV Hearing for a DUI?

Upon being arrested and booked for DUI, one is issued a temporary driver’s license under most circumstances. This temporary license is on pink sheet of paper and, in small print, advises the recipient that unless he or she contacts the DMV to reserve a hearing within ten days of the arrest, the license will be automatically suspended.

DUI Attorneys in PA Warn of Increased Patrols for St. Patrick's Day

The Pennsylvania State Police as well as local police forces throughout Montgomery County, PA will be on roving patrols throughout the region to catch drunk drivers this St. Patrick’s Day, Saturday, March 17, 2012. PA police also plan to set up DUI checkpoints in various spots throughout the area to catch drunk driving offenders.

Effects of Sexual Abuse

Sexual abuse against children is one of the most heinous crimes that can be committed. According to police officers, even convicted murderers despise those who have sexually abused children. Child sexual abuse can be divided up into three categories: sexual exploitation; non-touching sexual offenses; and touching sexual offenses.

Signs of Child Abuse in a Day Care Setting: Part 2

Yesterday we discussed potential signs of mistreatment or abuse in a day care setting. Today we continue our discussion regarding child abuse as we consider the signs of various types of abuse. While many of these topics are exceptionally troubling, as parents it is important to pay attention to changes in the behavior of our children and recognize the importance of addressing these issues head on.

Types of White Collar Crimes

White collar crimes are non-violent crimes that usually occur in the business world. If you have been accused of fraud, embezzlement, or money laundering you need to learn as much as you can about the charges you are facing. White collar crimes were given their name due to the fact that they are usually committed by business professionals within their workplace.

Five Years of PAS (Preliminary Alcohol Screening) Device Records Found Inaccurate in San Francisco

In a major victory for criminal defense attorneys in the San Francisco area, the San Francisco District Attorney’s Office announced this week a joint investigation into the San Francisco Police Department’s use of PAS (preliminary alcohol screening) devices for at least the last five years.

Atlanta Criminal Lawyers Explain the Meaning of “Taking the Fifth”

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?

What are Violent Crimes?

If you have been accused of a violent crime, it is imperative that you have all the information regarding your case. Learn about the possible charges and penalties. According to the United States Bureau of Justice Statistics, violent crimes include assault, robbery, rape and sexual assault, and murder. The Federal Bureau of Investigation categorizes violent crimes by whether or not force or the threat of force was involved in the crime.

Understanding Your DUI and How to Fight it

Contrary to popular belief, DUI arrests do not have to lead to an ultimate conviction each and every time. With a knowledgeable and tenacious attorney, your chances of avoiding a conviction are far greater. It’s unlawful to operate a motor vehicle with a blood alcohol concentration of .08% or greater in all 50 states.

Conviction by Red Light Camera Upheld on Appeal

Within the last two years, there have been two successful challenges to tickets issued based on “red light camera” photographs and videos for violation of California Vehicle Code § 21413 (failure to stop at a red light).

Sex Crimes and the Criminal Justice System

There are multiple levels of sex crimes which are criminalized in the state of California, many of which carry mandatory sex offender registration. Hiring an attorney may be your only line of defense against a criminal accusation. In the state of California, many different forms of non-consensual sexual contact have been categorized as a sex crime.

New Sex Abuse Lawsuit Alleges Church Failed to Act after Learning of Priest's Deviant Past

Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the city’s West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.

Nursing Home Operator to Reimburse Government for Double Billing

In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.

Smith v. Iowa Department of Human Services (755 N.W. 2d 135)

Case: Smith v. Iowa Department of Human Services (755 N.W. 2d 135) Parties: Plaintiff (Appellee) - Smith - Defendant (Appellant) - Iowa Department of Human Services Court: Supreme Court of Iowa (2008)

Granddaughter Guilty of Financial Elder Abuse through Embezzlement and Moving Grandmother Out of Home

Our office receives numerous phone calls about financial elder abuse, usually involving quit claim deeds of property and / or second mortgages that go unpaid, resulting in a home foreclosure. It is unusual for law enforcement to take action in such cases, as such problems are seen as civil, not criminal, in nature.

Common Drug Crimes

What are the common types of drug charges? A defense attorney can help you understand the truth about drug possession, cultivation, trafficking and all other common offenses. Drug crimes are those types of criminal offenses committed in relation to the possession, sales, trafficking, or cultivation of illegal substances.

Court Reverses Felony False Impersonation Conviction Involving Use of Birth Certificate

California Penal Code § 529 makes it a crime to use a false identity to create or exploit a written instrument. The statute’s intent is to make it illegal for one to create liability for an impersonated person for a financial or legal obligation. The statute is a “wobbler,” meaning it can be prosecuted as either a felony or a misdemeanor.

The Serious Penalties for Drug Trafficking

The number of drug manufacturing plants across America is growing, but the majority of illicit drugs in our country are imported from other countries in South America and the Caribbean and Mexico as well.

Federal Court Rules Collection of DNA from Felony Arrestee Constitutional

Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.

What are the Charges for Marijuana Possession in Florida?

Florida drug laws are rather strict when compared to other states. Not only will a person convicted of possession or any other infraction of a drug law lose their license for two years, but they will also be facing fines and in some cases jail time. The state of Florida wants the residents and visitors to the state to understand that they are not playing around when it comes to the war on drugs.

Challenging the Police Officer Who Issued Your DUII

Driving while under the intoxication of alcohol or drugs is a practice that is illegal throughout the United States. The specific penalties and consequences for DUI and DUII charges are determined by each individual state, and the acceptable level of blood alcohol concentration is unique to every state as well. If a police officer suspects a driver of driving while intoxicated, they may pull the driver over and request a test to determine alcohol-level.

Why is My Vehicle Being Impounded?

Vehicle impoundment is a popular penalty imposed by law enforcement agencies for crimes such as DUI or failing to pay a traffic ticket on time. Having a vehicle impounded is a serious hindrance for the owner of the car, and may affect their ability to work and live a normal life.

The Process of DUI Sentencing

Have you been arrested or charged with a DUI offense? If so, the ruthless process of the criminal justice system has already started and you need to act quickly to defend your rights. DUI charges can be complex matters because you will be facing both a criminal and civil case with the possibility of severe consequences. From the moment you are charged, you will have a mere 14 days to request an administrative hearing to save your driver’s license.

Court Vacates Sentence of 150 Years to Life by Dismissing Three Prior Strikes

California’s Three Strikes law contains sentencing requirements that add time to one’s sentence if the individual has a prior conviction for a “strike offense.” “Strike offenses” are generally described as serious or violent felonies, such as murder, rape, armed robbery and arson, but can include other offenses that seem, by comparison, not too serious or violent. This often results in sentences one court described as “arbitrary, capricious and patently absurd.”

Drugged Driving and Florida Law

Driving under the influence of a prescription medication, an illegal substance or an over-the-counter medication can be as unlawful as drunk driving. In the state of Florida, DUI is defined as driving under the influence of alcoholic beverages, chemical substances or controlled substances. What does this mean? It means that it is unlawful to operate a motor vehicle when your normal faculties are impaired by the means of alcohol, or any other substance.

How a Misdemeanor Can Affect Your Future

While many people brush off a misdemeanor offense as a minor violation of the law, this serious crime can have a lasting effect on your life and your criminal record. Continue reading to learn more about the effects of a misdemeanor conviction on your record.

Challenging Your DUI

If you or a loved one is facing accusations of driving under the influence, there are ways to fight against a conviction. Learn how you could get your case dismissed by challenging the evidence against you and the method by which it was obtained. In the U.S., it is illegal to drive with a BAC (blood alcohol concentration or content) of 0.08% or above.

Intellectual Property Theft: Is SOPA the Solution?

The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.

Conviction Reversed for Burglary by Acetylene Torch at Best Buy

In the early morning hours of June 3, 2008, a silent alarm was triggered at a Murietta Best Buy. Police arrived and found “a large hole cut in a side steel door leading into the store that appeared to have been made by a torch.” Inside the store, police found a locked camera cabinet that had been forced open. A store security video showed a man in a hooded sweatshirt taking video recorders and cameras worth approximately $24,600 from the cabinet.

Looking to Clear Your Criminal Record?

Have you been charged with a crime in the past? If you have been accused and convicted of a criminal offense, your ability to secure work, housing, public benefits and financial aid in the future may be significantly impacted. The state of Washington has enacted laws that created a process for individuals who have a criminal record to clear misdemeanors, gross misdemeanors and felonies from their criminal record.

Immigration Consequences of a Conviction for a Drug Offense

With the exception of limited marijuana offenses, legal aliens are subject to deportation once convicted of any drug (or narcotic) crime in California. 8 U.S.C. § 1227(a)(2)(B). “Any” means simple possession of methamphetamine, cocaine, ecstasy (“X”), phencyclidine (“PCP”), codeine, hydrocodone (“Vicodin”), ketamine (“Special K”), gamma-hydroxybutyric acid (“GHB”), heroin, peyote, and many other drugs, including prescription drugs without a valid prescription.

Criminal Act Related to Condominium - Indonesia

  By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:

Expungements - A Capsule Summary of the Statute

Expungements serve an important purpose of the law: allowing criminal defendants to wipe their criminal history clean, so long as they do not abuse this privilege. Understanding the New Jersey statutory framework is critical before an attorney should attempt to submit a petition to the courts. Below is a short, capsule guide to navigating the (surprisingly) detailed law for expungements.

An Overview of Georgia DUI Laws

It is unlawful to operate a motor vehicle with a BAC of .08% or greater nationwide. The state of Georgia is particularly harsh with their DUI punishments and much like other criminal offenses; you will need a competent attorney to help you retain your driving privileges and your freedom.

Immigration Consequences a Conviction for Domestic Violence

Our office often represents folks accused of domestic violence and who are not U.S. citizens. A big issue is consequently the effect of a conviction on their ability to legally remain in the United States and return to the United States if they leave for any reason.

DUI Checkpoints in PA: Should They Be Banned?

At least two states are considering legislation to ban DUI checkpoints on the basis that checkpoints violate citizens' rights. DUI checkpoints are stationary roadblocks conducted by police officers who make suspisionless stops to check for intoxicated drivers. If it is determined that a motorist who passes through a DUI checkpoint is intoxicated, he or she will be arrested for driving under the influence of alcohol or controlled substances under 75 Pa. C.S.A. § 3802, the PA DUI law.

FBI Changes Rape Definition:Florida Rape Attorneys Explain Ramifications

For the first time since 1920, the FBI has updated its definition of rape in a move hailed by feminists, rape crisis centers, police, victim’s rights advocates, and Florida rape lawyers. The old definition of rape was the vague “carnal knowledge of a female forcibly and against her will.” The new definition is far more in line with current understanding about the nature of rape: it defines rape as the penetration of a person, regardless of gender, without the person’s consent.

Minnesota Supreme Court Rules on Urine Test for DWI Offenses

The law in Minnesota is forever changing as DWI attorneys challenge inaccurate testing for DWI cases. Review the latest changes in 2012. The Minnesota Supreme Court decided the case of State v. Tanksley on February 8, 2012. That ruling allows the State to continue using urine tests in DWI cases despite the significantly flawed nature of the test in relationship to intoxication.

What Happens if Police Say I Refused a Breath or Blood Test?

Our office often receives phone calls from folks who are arrested for DUI and are told by police that they must submit to a breath or blood test of their blood alcohol level. In perhaps five to ten percent of such cases, our clients refuse to give such a sample. They often ask, “now what happens?”

Avoiding Identity Theft — What You Can Do

Someone uses your credit card to charge a Caribbean vacation. Or accesses your bank account and drains it of funds. Or uses your ID while committing a crime. Identity theft refers to a broad range of crimes, including misuse of your financial information, name, Social Security Number and reputation. Identity—it’s more than your name, it’s life as you know it.

Call for a Nationwide Ban on Cell Phones and Texting while Driving

In December, the National Transportation Safety Board (NTSB) called for a nationwide ban on all cell phone use while driving. This goes beyond the hands-free laws enacted by ten states. Considering the dangers, why isn’t there such a ban in place? Cell phone use spread at almost an epidemic rate before the dangers were documented. Distracted driving causes more 6000 crashes and 3000 deaths each year.

Protect Yourself against Unscrupulous Debt Collectors

You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse contact. If you inform the collector you are represented by a bankruptcy attorney or other counsel, the collector must contact your lawyer rather than you.

New Law in New Jersey Makes it a Crime to Drive with a Suspended License

In the state of New Jersey, driving with a suspended license has now become a criminal offense under certain circumstances. Specifically, if your license has been suspended due to driving while intoxicated (DWI) or because you refused to submit to a breath test, continuance to drive under the suspended license can result in a fourth degree criminal charge.

What is a Ponzi Scheme? Your New Jersey Tax Lawyer Explains

You’ve probably heard a lot about Ponzi schemes recently in the news — about people becoming unimaginably wealthy through fraud, only to watch their empires, built on dishonesty, collapse about them — but how many people who are not NJ tax attorneys truly understand what a Ponzi scheme is and how it works? Grasp the fundamentals of a Ponzi scheme, and you too can keep yourself from being victimized by perpetuators of this white collar crime.

Street Terrorism Sentence Stricken When Defendant Already Punished for Underlying Arson and Criminal Threats

Michael Hong Louie and Soriyaa Ek were both validated gang members. They were convicted of arson, criminal threats and street terrorism. The underlying facts are that Louie and Ek, in January of 2007, allegedly set fire to a Stockton, California, apartment of a woman who repeatedly reported gang activity in her neighborhood. Both defendants were also charged with attempted murder, but the jury returned a not guilty verdict on the attempted murder charge.

Legal Alert - Terrorism (Prevention) Act 2011

It is a criminal offense, under Nigerian law, for any person to commit, threaten, promote, fund, assist or facilitate any act preparatory to or in furtherance of, or the actual execution of any act(s) of terrorism. It is also a criminal offense for any person or group of persons to seize, detain or attempt to seize or detain, or threaten to kill or injure another person (or property) as a basis to induce the release of a terrorist.

Conviction Related to Sexting Properly Required Sex Offender Registration

California Penal Code § 647.6(a)(1) makes it a crime to sexually annoy or molest any child under 18. No touching is required, but does require that a “normal person would unhesitatingly be irritated by” defendant’s conduct. The conduct must be motivated by “an unnatural or abnormal sexual interest or intent with respect to children.” Upon conviction for violating this statute, one must register for remainder of one’s life as a sex offender under Penal Code § 290.

What Makes a DUI a Felony?

The majority of DUIs are misdemeanors; however, under certain circumstances even a first DUI offense can be prosecuted as a felony offense. A felony DUI can involve a lengthy prison sentence for the accused. If this is your first brush with the wrong side of the law, you are probably very nervous about what the future will bring. First off, the majority of DUIs in California are prosecuted as misdemeanor offenses.

Ticket Thrown Out for Running Red Light Based on Red Light Camera

Our office receives many calls from clients who receive tickets for running red lights when the basis is a photograph from a camera at the intersection. Usually, the fine is pretty steep, approaching $500, not to mention the traffic school fees that follow.

The Consequences of Vehicular Manslaughter while Intoxicated

A couple of drinks with dinner can subsequently lead to a fatal drunk driving accident. Vehicular manslaughter is a “wobbler” in the state of California, meaning it can be charged as a misdemeanor or felony offense. It’s very normal to enjoy a couple of drinks during an evening out on the town or while enjoying dinner with your spouse or a couple of friends.

California DUI Basics

California drivers are strictly prohibited from operating a motor vehicle with a blood alcohol concentration of .08% or greater. The minimum threshold is even less for commercial drivers and drivers under the age of 21. It’s a good idea for all California drivers to become familiar with their state’s local laws as it pertains to drunk driving. In California and all across the nation it is unlawful to operate a motor vehicle with blood alcohol content (BAC) of .08% or more.

How a DUI Can Affect Your Driving Privileges

In the state of California, drivers can be arrested for driving under the influence of drugs. Arrests do not restricted to illegal street drugs; even perfectly legal prescribed medications can get you into serious trouble with the law. We are all familiar with a DUI as it pertains to alcohol; however, many of us are not so familiar with a DUID, otherwise known as driving under the influence of drugs.

Under 21 DUI: What to Expect

It’s against the law for anyone to operate a motor vehicle with a blood alcohol content (BAC) of .08% or greater in all fifty states. The DUI penalties for an underage driver are more significant. In the state of California it’s against the law for a driver to operate a motor vehicle with a blood alcohol concentration of .08% or greater. For drivers below the age of 21, that number is far lower at just .01% under California’s “Zero Tolerance Law.”

Auto Insurance After a DUI Conviction

DUI is one of the most common offenses that people are arrested for. Often times, they don’t know how a DUI conviction will affect their insurance rates. If you have recently been arrested for DUI, then you are probably very curious about how a conviction would affect your auto insurance premiums. One thing to keep in mind is that if you haven’t been convicted yet, a DUI attorney can make all the difference in the outcome of your case, possible avoiding a conviction altogether.

Cyberbullying on the Rise

According to a report by the National Crime Prevention Council, 43 percent of teens have experienced some form of cyberbullying online. With the advent of social networking and social media sites, staying connected online has become a major part of people's lives. This is especially true for teenagers. Over 95 percent of teenagers have an email account and 97 percent of teens report using the Internet at home for personal or school purposes.

What are Miranda Rights? An Atlanta Criminal Lawyer Explains

In the United States, the Miranda rights (also called the Miranda warning or “reading you your rights”) are the warning that police give to criminal suspects in police custody or a custodial interrogation. The Miranda warning makes the evidence admissible in court because it proves that the suspect was aware of his Miranda rights against self-incrimination when he gave information.

American Servicemen and Military DUI

  By JD Law
A conviction for DUI is a serious matter for a civilian. However, the implications can be far more severe for a member of the armed forces. It is against the law for an adult to operate a motor vehicle with a blood alcohol concentration at or above .08% in the state of California. That number goes down to just .01% for drivers under the age of 21 under California’s zero tolerance law for underage drinkers.

Aggravating Factors in a DUI Case

In the presence of aggravating factors, a DUI case becomes more serious. Aggravating factors serve to increase the penalties for the alleged drunk driver. It is unlawful to operate a motor vehicle with blood alcohol content above .08% across the nation. When a person is arrested for DUI in California, there are certain penalties they will face.

Burglary Charges under California Penal Code 459

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.

Child Molestation: What Every Parent Fears

Tragically, there are approximately 3 million children that are the victims of child sexual abuse in the United States. As a parent, it’s absolutely critical to seek justice against the abuser to put a stop to the further victimization of innocent children. The sexual abuse of children is a widespread problem that affects approximately 3 million children in the United States.

Probation Violations: What to Expect

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.

Conviction for Second Degree Murder by Child Neglect Upheld

A Riverside County jury convicted Gregory Lee Latham and his wife of second degree murder of their daughter, age 17, for failing to obtain medical treatment for her type 1 diabetes, which resulted in her death. Gregory was sentenced to seventeen years in prison. His wife was sentenced to fifteen years in prison. Not only did the jury convict both Lathams of violating Penal Code § 187(a) (Second Degree Murder), but the jury also convicted each of child endangerment (Penal Code § 273a(a).

Assembly Bill 327– The Fix for Unfairness in California’s Three Strikes Law?

California’s Three Strikes law is often criticized for its “one size fits all” approach in sentencing a defendant with two or more prior strike convictions. Strikes include, but are not limited to, such offenses as assault with a deadly weapon or with force likely to produce great bodily injury (P.C. § 245(a)(1)).

California DUI and Enhanced Penalties

A first time DUI offense without any aggravating circumstances is typically charged as a misdemeanor offense. However, under “aggravating” circumstances the penalties may be enhanced. A DUI arrest begins with the “traffic stop” where the suspicious police officer asks the driver if they have been drinking. Based upon the driver’s answers and any “signs” of impairment, the police officer asks the driver to perform a series of field sobriety tests.

Avoiding Tax Scams

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

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

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

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

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

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.

Defining Identity Theft

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

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.

White Collar Crime Offenses: What You Need to Know

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?

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

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.


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

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

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?

When a person is killed by the careless or reckless actions of another party, like drunk driving, they are provide legal recourse in accordance to the state's wrongful death laws. While laws vary in each 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

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.

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

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?

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

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.

A Reminder about Drunk Driving and the Super Bowl for PA Drivers

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.

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