Criminal Law Articles

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

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Determining Excessive Force When Police Actions Cause Personal Injury

  February 3, 2012     By Allen, Flatt, Ballidis & Leslie, Inc
Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.

Judge May Prohibit Medical Marijuana Use as Term of Probation.

  February 2, 2012     By Greg Hill & Associates
Steven Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code § 11358), possession of marijuana for sale (a violation of California Health & Safety Code § 11359), and transportation of less than 28.5 grams of marijuana (a violation of California Health & Safety Code § 11360).

BAC: Breath and Blood Tests

  February 1, 2012     By Greco & Associates, Attorneys at Law
Chemical testing plays a major role in the arrest and conviction of DWI cases. However, what many people do not realize is that they have rights concerning these tests and that the evidence can be disputed. If you or a family member were arrested for driving while intoxicated, you may be facing serious penalties. One of the difficulties surrounding these cases is how law enforcement officer test the driver’s blood alcohol concentration.

What is a Preliminary Hearing?

  February 1, 2012     By Greg Hill & Associates
In every felony case, a preliminary hearing is required. The hearing’s purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.

Texas Charges for Aggravated Sexual Assault

  February 1, 2012     By The Law Offices of Ned Barnett
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

  January 31, 2012     By The Martin Law Firm, P.C.
Tips to avoid a drunk driving arrest (DUI) in Pennsylvania this Super Bowl Sunday from Montgomery County, PA DUI attorney Jason Martin. The Super Bowl is America’s most popular national sporting event. This year, millions of people across the country will gather with friends and family to socialize and watch the game. Unfortunately, Super Bowl Sunday is also one of Pennsylvania’s most dangerous days on the road as a result of drunk driving.

Sentence Set Aside When Federal Judge Makes Mistake

  January 30, 2012     By Greg Hill & Associates
Chino prison guard Robert McGowan was sentenced to four years and three months in prison for violations of federal laws prohibiting a prison guard from depriving an inmate of his constitutional right to be free of cruel and unusual punishment. The conduct at issue was a 2007 incident where McGowan allegedly pushed two hand-cuffed and shackled prisoners out of a truck, causing them to suffer bruises and cuts.

Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?

  January 27, 2012     By Greg Hill & Associates
Our office frequently receives calls about someone who was arrested, but never told to go to court. In releasing the person, police may have advised the person that a notice would be mailed telling them of a court date, but the notice never arrived. Other times, there is an incident and the person is not even arrested.

Ignition Interlock Device: About the Device

  January 26, 2012     By Takakjian & Sitkoff, LLP
For many people who have been criminally charged with drunk driving, they will be facing penalties that include the ignition interlock device (IID). However, there is considerable confusion about this device. We at Takakjian & Sitkoff are here to help clear up any questions one might have. The ignition interlock device is a mechanism that was put into effect by almost all 50 states in 2009 as a sentencing alternative for drunken drivers.

Police Use of GPS on Drug Dealer’s Car Without a Warrant Held Improper; Evidence From it Thrown Out

  January 25, 2012     By Greg Hill & Associates
On Monday, January 23, 2012, the U.S. Supreme Court unanimously ruled that evidence gathered by police using a GPS fastened to a drug dealer’s car without a warrant was improperly obtained. With Justice Antonia Scalia writing the majority opinion, the Court ruled that the act of attaching the GPS was a warrantless property invasion, so the evidence derived from it showing defendant’s whereabouts for twenty-eight straight days was inadmissible.

Videos in the Courtroom: The Use of Emotional Video Montages on the Rise in Criminal Cases…But are they Fair?

  January 25, 2012     By Collins, McDonald & Gann, PC
As reported in a recent Newsday story, the use of a video photo montage (an emotional video providing a glimpse into the life of a deceased victim) is becoming more common in criminal courtrooms across the country, including criminal courts here on Long Island.

What Constitutes an Arrest in Georgia

  January 25, 2012     By Law Offices of Vernon H. Smith III
When can you consider yourself "under arrest"? - What is an arrest in Georgia? - It is important to know exactly what constitutes an arrest in Georgia. This is because a search of someone who is not under arrest is much more limited than a search of a person under arrest. In fact, a lot of rights that we are familiar with under the law do not apply unless there is a valid arrest first.

Georgia Speedy Trial

  January 25, 2012     By Law Offices of Vernon H. Smith III
Is a Georgia Speedy Trial Demand the right avenue for your case? - Georgia's Speedy Trial Demand - The justice system in Georgia can move quite slowly. If you know anyone that has been involved in a criminal proceeding, you are probably aware that the process can drag on for what seems like forever.

Funding Pulled from Group Home for Children Following Discovery of Abuse

  January 24, 2012     By Rosenfeld Injury Lawyers
For handicapped children, living in a group home environment with peers facing similar disabilities can be a real gift. Unlike other living arrangements where children can feel significantly out of place, group homes for disabled children and young-adults hopefully foster an environment of support and encouragement.

Drug Use among the Youth in America and the Need for Legal Representation

  January 24, 2012     By Pollack Law Group, PC
Drug use among high school and college age students is on the rise. Statistics show that marijuana and psychotherapeutic drugs used for non-medical purposes are the most commonly sold and distributed drugs among students. When a student is charged with a drug crime, they may experience discrimination and penalties from school authorities and police enforcement.

Retroactive Sex Offender Registration in Texas

  January 24, 2012     By The Law Offices of Stephen Foster
Sex offender registration can be made retroactive in Texas. Many people are surprised to discover that they have been labeled as "sex offenders" when their attorney told them years ago that they would not have to worry about it. The reason for this is that Texas courts have ruled that sex offender registration is not a "punishment".

Can an Employer be Held Liable for Death Resulting from Employee’s Drunk Driving?

  January 23, 2012     By Allen, Flatt, Ballidis & Leslie, Inc
Trinity Broadcasting Network (TBN), based in Orange County, California, is currently facing a civil lawsuit brought as a result of the actions of one of their employees. The employee, a pastor, was driving drunk in a company vehicle when he caused an accident resulting in the serious injuries that ultimately claimed the victim’s life. A lawyer explains how TBN may be held liable for its employee’s actions.

Drug Diversion Programs – Prop 36 Versus PC 1000

  January 23, 2012     By Greg Hill & Associates
If you or a loved one face charges for possession of an illegal drug, a common response is, “prison will not solve the problem; treatment and education would be better.” Our legislature in Sacramento has recognized this, too, and has passed provisions that offer a drug offender a chance to “divert” from the criminal court system to drug rehabilitation programs in lieu of incarceration.

Charged as a Criminal? Miranda Rights Observed

  January 20, 2012     By Falk & Ross, PA
If you are arrested by the police, you are entitled to certain rights and liberties, no matter what you are being charged with or accused of doing. The code that outlines criminal rights in Florida stipulates that certain and specific procedures must be followed by law enforcement agents when you are arrested or taken into custody. Among those, the Miranda rights feature prominently.

Coping with the Impact of a DUI

  January 20, 2012     By Falk & Ross, PA
You probably already know that after a DUI in Florida, you need to contact a drunk driving defense attorney who has handled cases like yours before and can protect all of your rights under the law, but you may be at a loss as to how to explain to your friends, family members and co-workers that you have been arrested for a DUI.

Drugged Driving in the United States: New Threat to Motorists

  January 19, 2012     By Mesriani Law Group
Driving under the influence (DUI) of alcohol has been a major contributing factor to the rise of personal injury claims in the State of California. Because of this adverse trend, hundreds of people get injured and worst get killed due to drunken driving. However, unfortunately, alcohol is not only the cause of impaired driving in the United States as drug-related DUIs are also on the rise.

Plea Bargaining by the Judge is Illegal – Not an Indicated Sentence

  January 18, 2012     By Greg Hill & Associates
It is not uncommon for our clients to encounter a prosecutor who seems to stop plea bargaining, or plea bargain at all in the face of new information. The prosecutor may not seem to read the police report or, in the case of a DUI for example, to begin and end his or her analysis with only reading the blood alcohol content. The prosecutor may also seem to take a zealous personal interest in punishment of our client that seems inappropriate.

Conviction Reversed for District Attorney Withholding Evidence

  January 17, 2012     By Greg Hill & Associates
On January 10, 2012, the United States Supreme Court reversed a murder conviction in Smith v. Cain (2012 DJDAR 296). The opinion held that a Louisiana district attorney violated his duty to produce material favorable to the defense and material to defendant’s guilty or punishment, as set out in Brady v. Maryland (1963) 373 U.S. 83.

Challenging the International Criminal Court (ICC) by Using Traditional Form of Justice in Africa

  January 16, 2012     By Yav & Associates
This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.

Why Is a “Wet Reckless” Better Than a DUI?

  January 11, 2012     By Greg Hill & Associates
Anyone who has personally experienced being charged with DUI or has a friend or family member who has faced such charges in California may have heard about a “wet reckless.” The advantages and disadvantages of a plea to a “wet” often misunderstood. The term “wet reckless” refers to a plea bargained charge of violating California Vehicle Code § 23103 pursuant to § 23103.5.

Florida Mandatory Reporting Laws

  January 9, 2012     By Florida Sex Crimes Attorneys
The scandal at Penn State, which revealed that people required to report child molestation only had to report it to their superiors and not the police, has many people asking: What is a mandatory reporter? What do mandatory reporters have to do? A Florida rape attorney can explain. Of course, it is everyone’s duty to report abuse if they witness it.

Is Expungement Worth It?

  January 8, 2012     By Greg Hill & Associates
In today’s economic hard times, our firm receives numerous inquiries about clearing one’s criminal record. The concern expressed is almost always that a prospective employer may reject a job applicant who has a criminal record, or pass over an existing employee for a promotion or pay raise on the same basis.

What You Should Know about Major Thefts

  January 6, 2012     By Hager & Schwartz, PA
Although statistics show that theft crimes are decreasing across the board, there is still a concern regarding major thefts. The Federal Bureau of Investigation is committed to stopping instances of art theft, gem theft, organized retail theft, and more. Accusations of major theft are sobering, not only because of the penalties, but because of the manpower and resources that the investigating agencies possess.

Georgia Drug Possession Laws

  January 5, 2012     By Fox Firm, PC
Georgia drug possession laws are exceptionally harsh and can land you in prison if you don’t have a good attorney. If you are facing drug charges, an experienced lawyer can make all the difference in the outcome of your case. Much like its neighbor Florida, the state of Georgia has little tolerance for drug possession.

Obtaining a 212(h) Waiver for the Immediate Relative of a United States Citizen or Permanent Resident

  January 5, 2012     By The Mulder Law Office, P.A.
This article summarizes the requirements for obtaining a 212(h) waiver when necessary because an immediate relative has been found inadmissible or deportable as a result of a criminal conviction. You have been invited to visit a friend. The invitation is to stay in their home for six months. You won’t be allowed to work while you are there and you will have to pay for your own trip and your support. You accept the invitation.

Do the Victims of Cyber Scams Have Legal Recourse?

  January 4, 2012     By Allen, Flatt, Ballidis & Leslie, Inc
Recently, the Federal Bureau of Investigation issued warnings concerning a new computer-related crime when three California residents suffered personally injurious consequences after falling for the scams, explains a lawyer in the state. Unfortunately, despite law enforcement's best efforts to help these victims, the law currently doesn't provide an effective way of dealing with cyber crimes, and the victims may have little recourse.

Internet Crimes: Definition and Penalties

  January 4, 2012     By The Miller Law Firm, P.A.
Internet crimes are a growing problem throughout the U.S. Ranging from fraud to child pornography, the types of crimes as well as their consequences vary depending on the seriousness of the offense. An internet crime, or cybercrime, refers to any illegal practice that involves the use of a computer or network, or targets a computer or network.

Prevalence of Identity Theft on Social Networking Sites

  January 3, 2012     By Mesriani Law Group
The massive availability of the Internet has helped a lot of Americans, even those people who are benefiting from Social Security disability benefits. However, despite the advantages of the online technology, there are also some adverse effects it can provide. One of the most daunting disadvantages of the Internet is fraud.

If You Receive Miranda Warnings, Your Talking and Subsequent Silence Can Be Used Against You

  January 3, 2012     By Greg Hill & Associates
Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided to you at government expense.

Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment

  January 2, 2012     By Greg Hill & Associates
Kelvin Harrison was convicted in San Bernardino County of battery with serious bodily injury. He was sentenced to prison for two years. When the crime occurred in 2008 both he and the victim were homeless. Harrison attacked another man with a steel pipe because he found a bag of grapes left by the victim where he normally slept. The grapes were allegedly filled with blood, which Harrison interpreted as an omen that the victim intended to harm him. Harrison then attacked the victim with the pipe.

Ten New Laws to Know for 2012

  January 2, 2012     By Greg Hill & Associates
It is January 1, 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed. There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.

If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions

  December 30, 2011     By Greg Hill & Associates
Anyone who has watched much television is familiar with Miranda warnings, which remind a suspect of his Fifth Amendment right to remain silent.

Restitution Order Can Apply to One Who Receives Stolen Property, but Does Not Participate in Burglary

  December 27, 2011     By Greg Hill & Associates
It is a common misperception that if one receives stolen property, such as a credit card, one can use it without incurring criminal liability if he or she has a good faith belief that the credit card was a gift. After all, the recipient of the card did not steal it from anyone. This is not always so, as the recent decision in People v. Holmberg from Northern California shows (People v. Jon Holmberg (2011 DJDAR 7665).

Judge Makes Mistake in Allowing Letting Jury Hear Drug Cartel Evidence

  December 23, 2011     By Greg Hill & Associates
Feliciano Covarrubias was arrested at about 3:00 a.m. on May 6, 2010 at the San Ysidro Port of Entry coming from Mexico to California with 193 pounds of marijuana hidden in his Ford F250. A dog specially designed to detect narcotics smelled the marijuana.

Insufficient Affidavit for Warrant Does Not Mean Search is Always Invalid

  December 20, 2011     By Greg Hill & Associates
The search of a home is always a hot issue, especially when the search uncovers items that could lead to years in prison. The Fourth Amendment, made applicable to each state, provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.”

Drug Possession: No Big Deal?

  December 20, 2011     By Martinian & Associates Inc
While many may think that possession of illegal drugs is a small crime, the penalties you could incur if convicted suggest otherwise. A conviction of possession and possession with intent could drastically change your future.

Consenting to One Vehicle Search Can Mean Consenting to Multiple Searches

  December 20, 2011     By Greg Hill & Associates
The general rule concerning any search without a warrant is that the search is presumed illegal. It is a liberty invasion. Once a defendant shows that the search was conducted without a warrant, the burden shifts to the prosecution to show an exception to the general rule applies.

Court Violates Murder Defendant’s Right to Cross-Examine Expert by Admitting Opinion

  December 16, 2011     By Greg Hill & Associates
The Sixth Amendment to the U.S. Constitution, made applicable to each of the states through the Fourteenth Amendment, contains what is commonly known as the “Confrontation Clause.”

What is an Arraignment?

  December 16, 2011     By Greg Hill & Associates
An arraignment is a criminal proceeding where the defendant is called before a court, informed of the charges, and asked to enter a plea.

How a Kansas City DUI Lawyer Defends Clients Arrested for DUI

  December 15, 2011     By The Sandage Law Firm, P.C.
When you are arrested for driving under the influence, you may believe your only option is to face the charges against you, particularly if you are guilty. A talented Kansas City DUI lawyer knows that there are often extenuating circumstances, and that you are innocent until proven guilty beyond a reasonable doubt. When you are facing a possible conviction for driving under the influence, it is imperative that you seek legal guidance and representation from a capable Kansas City DUI attorney.

Kansas City White Collar Crimes, and the Advantages of Having a Skilled Lawyer

  December 15, 2011     By The Sandage Law Firm, P.C.
Do you really need a Kansas City white collar crimes lawyer when you have been arrested for or suspect you are being investigated for a crime? Absolutely, unless you would simply rather face the rest of your life with a criminal record, possibly serve time in prison and pay hefty fines.

Why Hiring a Kansas City DWI Lawyer with Experience is Essential to a Favorable Outcome

  December 15, 2011     By The Sandage Law Firm, P.C.
When you have been arrested for driving while intoxicated, you may choose not to hire a Kansas City DWI lawyer, or you may make the decision to simply "pick" one out of the phone directory. This decision would likely be one you would regret making when all is said and done. If you have been charged with DWI, it is crucial that you choose an attorney who is skilled, experienced and aggressive when it comes to handling these types of cases.

Kansas City DUI Lawyers are Experts in Helping You Defend Yourself against False DUI Charges

  December 15, 2011     By The O'Connor Law Firm, PC
Have you been unfairly charged with a DUI? It can happen to anyone. Although it's certainly true that stricter laws against drunk driving mean safer roads for everyone, it can also be true that those stricter laws can get you in trouble when you've done nothing wrong.

Texas Bail Hearings

  December 14, 2011     By Law Offices of Jose Noriega
How Does the Court Determine the Amount of Bail?

Does Drinking Increase the Risk of Fatal Falls Among Teens and Young Adults?

  December 12, 2011     By Allen, Flatt, Ballidis & Leslie, Inc
Fatal falls are typically associated with older adults, specifically those aged 65 and older. Motor vehicle accidents are the leading cause of death for teens and young adults, and, while alcohol increases the risk of such accidents, it also makes this demographic more susceptible to falls. Recent incidents in New York and Colorado illustrate how the risk of suffering serious or fatal personal injury escalates when people drink, explains a lawyer.

How Could Smartphone Apps Undermine the Efficacy of Sobriety Checkpoints?

  December 12, 2011     By Allen, Flatt, Ballidis & Leslie, Inc
Ever since the U.S. Supreme Court ruled that sobriety checkpoints are constitutional in 1990 in Michigan, several states have incorporated them into their efforts to prevent drinking and driving. Recently, the Orange County Register reported that drivers could access the date, time, and location of sobriety checkpoints via apps on their smart phones, leading many to question whether such apps are undermining the efficacy with which the checkpoints prevent drivers from drinking and driving.

Conviction for Murder of Cop Reconsidered for DA Withholding Evidence

  December 12, 2011     By Greg Hill & Associates
Jesse Gonzalez was convicted of first degree murder with special circumstances for killing a police officer on duty. The conviction arose after he used a shotgun when Los Angeles Sheriff’s Department Deputies kicked down his front door while serving a search warrant.

The Police Stole My Marijuana- Will My Homeowner’s Insurance Pay Me for My Loss?

  December 9, 2011     By Greg Hill & Associates
Greg Bennett had a homeowner’s policy through State Farm that insured him for losses arising from theft of his property at his residence. The policy also covered theft of trees, shrubs and plants on the property. The police did not define “theft.”

A “No Contest” Plea to New Criminal Charges Can Constitute a Probation Violation

  December 8, 2011     By Greg Hill & Associates
A “no contest” plea is distinguishable from a “guilty” plea. Once who pleas “no contest” does not admit factual guilt, although it allows him to be punished as if guilty to take advantage of a plea bargain.

Conspiracy Liability Very Broad for Robbery – Beware

  December 8, 2011     By Greg Hill & Associates
Under California law, a person involved in a crime is either a principal or an accessory. Cases decided by our Supreme Court have included conspirators as principals, as conspirators fall within the “all persons concerned” language of Penal Code § 31, which defines who is a principal.

New PA Law to Ban Texting While Driving Passed

  December 7, 2011     By The Martin Law Firm, P.C.
A Pennsylvania law to ban texting while driving statewide has been passed and will soon go into effect.

The Legal Issues with Radar Detectors and Traffic Violations

  December 6, 2011     By Falk & Ross, PA
If you are using a radar detector in Florida, it can become evidence against you in a criminal traffic case. A Miami Dade traffic defense lawyer will know how to handle this situation.

How an Attorney Can Help When You are Facing a 4th DUI Conviction

  December 6, 2011     By Falk & Ross, PA
A 4th conviction for drunk driving means you could be facing the highest Florida DUI penalties. A Broward DUI defense lawyer can help you protect your rights during your hearing.

Juvenile Drug Possession Charges Can Ruin Your Child’s Future

  December 6, 2011     By Falk & Ross, PA
Don’t let your child’s future be ruined by a conviction for juvenile drug possession in Florida. A Miami juvenile defense lawyer can defend your child's rights in court.

What’s at Stake with Your Commercial Vehicle Violation

  December 6, 2011     By Falk & Ross, PA
If you are cited for a Florida commercial vehicle traffic violation you could lose more than just your license.

Violations for Driving Without a License Explained

  December 6, 2011     By Falk & Ross, PA
Penalties for driving without a license are more than jail time and fines, you could permanently lose your chance at getting a license in the future. Talk to a South Florida traffic defense attorney.

The Consequences of Murder Charges

  December 6, 2011     By Falk & Ross, PA
A murder charge in Florida or homicide in Florida can result in serious jail time and fines. A South Florida criminal defense lawyer can help.

Challenging Field Sobriety Tests during a DUI Case

  December 6, 2011     By Falk & Ross, PA
The field sobriety tests commonly used in determining a Florida DUI case can be flawed. To fight DUI charges in Florida, hire a Florida DUI defense attorney.

Plead the Fifth: Invoking Your 5th Amendment Rights in a DUI

  December 6, 2011     By Falk & Ross, PA
You may have heard you can “plead the fifth” when arrested, but what does that mean? Using the Fifth Amendment in Florida is best handled by a Miami criminal defense attorney.

DUI Penalties: Second DUI Offense

  December 6, 2011     By Falk & Ross, PA
Being charged with a second DUI offense means you will certainly be facing more than just higher penalties. Speaking with someone familiar with DUI law can help you know your rights.

Fighting a Boating Under the Influence Charge with a DUI Lawyer

  December 6, 2011     By Falk & Ross, PA
If you’ve been arrested and face a boating under the influence charge, it’s important to know what to do next.

What are Sweat Ankle Monitors for DUI Defendants (SCRAM)?

  December 6, 2011     By Falk & Ross, PA
SCRAM ankle monitors after a DUI are common forms of supervision. These monitors and other forms of supervision can be avoided by speaking with a criminal attorney.

Seeking Traffic Defense Help When You are Caught by a Speed Trap

  December 6, 2011     By Falk & Ross, PA
Learning how speed traps work and the different ways you can address a speeding ticket is a valuable defense. Also, contacting a traffic lawyer if you are facing significant charges is in your best interest.

Going to the DMV after Your First DUI

  December 6, 2011     By Falk & Ross, PA
After your first DUI, going the DMV can be confusing and intimidating. Contacting a defense lawyer for legal guidance so you can be sure you complete everything correctly may be in your best interest.

When a Sobriety Checkpoint Leads to DUI Charges, Get Legal Help

  December 6, 2011     By Falk & Ross, PA
If you’ve been stopped at a Florida sobriety checkpoint, contact a Miami DUI defense attorney who will protect your rights.

Know Your Rights! Understanding the Miranda Rights

  December 6, 2011     By Falk & Ross, PA
Being made aware of your Miranda rights can help you in difficult situations that you may have found yourself in. Knowing your Miranda rights will help you if you believe they may be violated.

Facing a DUI Charge When You Are on Vacation

  December 6, 2011     By Falk & Ross, PA
If you received a Florida DUI charge while on vacation, contact an attorney who can represent you in your DUI defense in Florida. This may help you to avoid some court dates.

Hefty Costs Associated with a DUI Arrest

  December 6, 2011     By Falk & Ross, PA
Be prepared to face the steep costs of a DUI arrest. Even if it is your first DUI, the monetary penalties that come along with a DUI arrest can be hard on your wallet.

Your Rights after an Arrest for Prostitution or Solicitation

  December 6, 2011     By Falk & Ross, PA
Charges for prostitution in can lead to many different kinds of penalties. It is very helpful to be made aware of your rights if you have been charged with prostitution or solicitation.

Challenging Breath and Blood Tests in a DUI Case

  December 6, 2011     By Falk & Ross, PA
The defense for your DUI case can be affected by challenging a blood test or challenging a breath test. If you did either one of these, speak with a lawyer who can explain your decision to the court.

Fighting Charges of Fraud

  December 6, 2011     By Falk & Ross, PA
Fraud charges are not uncommon and are committed for different reasons.

Does an Arrest for a DUI Equal Automatic Guilt?

  December 6, 2011     By Falk & Ross, PA
If you’ve been arrested for a DUI it doesn’t mean you’re automatically guilty. Many factors can make or break a DUI case that has been brought up against you.

Conviction for Accessory to Shoplifting and Burglary Has Lesson for Those Defending Such Charges

  December 5, 2011     By Greg Hill & Associates
Raymond Mooney and his girlfriend, Janna Lorette, drove together to a San Bernardino Stater Brothers grocery store. Mooney and his two small children entered first. About twenty seconds later, Ms. Lorette entered with an empty purse.

California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas

  December 5, 2011     By Greg Hill & Associates
In both state and federal court, it is common for courts to impose probation conditions that prohibit sex offenders from living near certain areas that might cause the offender to relapse and endanger the public. In sex offender cases involving an adult and a child victim, courts can impose rather tough residency requirements.

Impact of Hiring a Former Prosecutor to Defend a Virginia DUI

  December 3, 2011     By Robinson Law, PLLC
Consequences that can come from a Virginia DUI conviction can be steep and long lasting. Hiring a Defense Attorney that has experience on the other side of the bench as a Commonwealth Attorney can make all of the difference in your case.

Stand Your Ground: Not Guilty to the Charge of Murder in the Second Degree

  December 2, 2011     By Ferrer Shane, P.L.
Ferrer Shane Attorney Diana Gonzalez Wins Homicide Acquittal for Client - You may think that the police will take you at your word if you kill someone in self-defense. Unfortunately, that rarely happens. The police will investigate. Charges against you might be filed. Whether or not that happens will depend on the facts of the case.

Suspect’s Fifth Amendment Rights not Violated when He Volunteered Statements about His Killing Another

  December 1, 2011     By Greg Hill & Associates
Thomas Kemp kidnapped Hector Juarez, used Juarez’s ATM card to withdraw $200 from Juarez’s bank account and then used a .380 handgun to shoot Juarez twice in the head, killing him. Kemp then made two more attempts to use Juarez’s ATM card, but could not remember the PIN number.

Women in the Workplace: What is the Primary Cause of Fatal Injury?

  December 1, 2011     By Allen, Flatt, Ballidis & Leslie, Inc
The Bureau of Labor Statistics reported in 2010 that homicidal violence is the fourth leading cause of workplace death in the country. Moreover homicide is the leading cause of death for female employees, the incidence of which rose by 13 percent that year. A series of violent acts against female employees resulting in injuries and fatalities in Orange County and other California areas illustrate the severity of the problem, explains an attorney.

Technology and Surveillance: The Increasing Impact on Investigations into Excessive Force

  December 1, 2011     By Allen, Flatt, Ballidis & Leslie, Inc
In a time and a society in which it would be difficult to find an individual who does not have continuous access to communications equipment, police departments are relying on the public to assist with investigations. In Los Angeles, the LAPD initiated a service that allows citizens to anonymously text tips about crimes in their neighborhoods. In Orange County, the 151 witness statements and videos concerning the fatal beating of a homeless man led to criminal charges for two officers.

False Accusations of Rape in Florida and Nationwide

  December 1, 2011     By Florida Sex Crimes Attorneys
A Florida rape attorney will look at all the possibilities, including DNA evidence and the possible of a mistaken eyewitness identification, to prove that you did not commit the crime you didn’t commit.

False Accusations of Child Abuse in Georgia

  November 30, 2011     By The Margolis Legal Group, Inc
It’s something no one wants to think about, even in the most contested and ugly of Georgia child custody battles the idea that one partner might falsely accuse another of child abuse in order to obtain child custody. Fortunately, false accusations of child abuse are rather rare: under 10 percent of accusations of child abuse are false. However, of that 10 percent, the majority do not originate with the child, but instead with an adult bringing accusations on behalf of the child.

When Can the Use of a Taser Be Considered Excessive Force?

  November 30, 2011     By Allen, Flatt, Ballidis & Leslie, Inc
In November of 2011, a California appellate court ruled that the use of a taser stun gun could, in cases involving personal injury, qualify as excessive force in violation of the US Constitution. However, other court decisions have varied, suggesting that the law on the use of the taser is still evolving. Given that police departments, counties, and officers have been found liable in lawsuits brought by those who have suffered trauma from the devices, they should use them with caution.

Cocaine Courier’s Sentence Not Reduced Due to Large Quantity Seized

  November 29, 2011     By Greg Hill & Associates
Under Federal sentencing guidelines, a drug courier is often eligible for a sentencing reduction due to his or her minor role and limited involvement. The courier may not be aware of even the type of drug transported, the sender’s name or the actual recipient of the delivery.

Drug Evidence Suppressed When Police Improperly Stop Vehicle

  November 29, 2011     By Greg Hill & Associates
La Habra police officer Nick Wilson observed Defendant Paul Carmona make a right turn without using his turn signals. Wilson was about 40 yards away and traveling in the opposite direction, so he was unaffected by Carmona’s turn. There was no other traffic nearby. Wilson, however, believed the turn violated California Vehicle Code § 22107 and stopped Carmona.

SEC Rules Affecting Shell Companies

  November 28, 2011     By Hamilton & Associates, P.A.
What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group

Anyone Can Be Arrested for DUI

  November 23, 2011     By The Law Offices of Richard S. Lawson
It seems that almost every day there is a new story about a DUI accident or arrest. However, the newest tale has a spin that many others do not; in Morrow, Georgia a 45-year old police chief was recently arrested for drinking and driving.

Co-Owner Of Computer Can Consent To Search Of Computer That Incriminated Owner Of Child Pornography Charges

  November 23, 2011     By Greg Hill & Associates
Kevin Stanley and his girlfriend, Tiana Stockbridge, lived together until the two broke up in 2004. While they were together, they co-owned a computer, which they each used. Stanley had a password to his “half” of the computer and his files.

Lifetime Requirement to Register as Sex Offender not Eliminated when Felony Conviction Reduced to Misdemeanor

  November 22, 2011     By Greg Hill & Associates
Over about a one month period in late 2006, Defendant Brian Roger Kennedy engaged in a sexually explicit Internet conversation with an undercover San Jose police officer who Kennedy believed was 13 years old and named “Tiffany.” Kennedy sent “Tiffany” a picture of his erect penis, as well as videos and webcams of himself masturbating. He also communicated with her via instant messaging and e-mail.

First DUI Penalty in Las Vegas

  November 21, 2011     By Potter Law Offices
If you or a loved one has a DUI conviction in Las Vegas, having credible and qualified legal help is an absolute necessity. Knowing the facts and the risks to your finances and freedom is a quintessential part of the assessment process for the accused.

Court Rules that Driving Includes Being Stopped at Red Light while Using Cell Phone

  November 21, 2011     By Greg Hill & Associates
On December 28, 2009, a Richmond, California motorcycle officer pulled up at a red light alongside Mr. Carl Nelson. The officer watched Nelson, who was sitting behind the wheel of his car, open his flip-style cell phone, dial a number and put the phone to his ear while holding the phone in his left hand.

In Counterfeit DVD and CD Case, Victim Cannot Recover Potential Economic Loss

  November 21, 2011     By Greg Hill & Associates
California Penal Code § 1202.4(r) governs the method for calculating restitution in fraudulent DVD and CD cases.

Hiring a Kansas City Criminal Defense Lawyer - What You Should Expect

  November 20, 2011     By The Sandage Law Firm, P.C.
If you have been charged with or accused of a crime, it is important that you consult with a talented Kansas City criminal defense lawyer right away. An effective, skilled attorney can have a substantial impact on the outcome of your case.

The Different Levels of DUI

  November 17, 2011     By Baker, Lewis, Schwisow & Laws, PLLC
Driving under the influence of alcohol or drugs is against the law in the state of Washington, along with all other areas in the United States. Nationally, the legal limit is .08%, but each state has their own laws governing the degree of each drunk driving charge.

Multiple Convictions for Embezzlement (Grand Theft) from Employer Proper When Takings Distinguishable

  November 16, 2011     By Greg Hill & Associates
Joyce Jaska was the secretary and treasurer of Barstow Truck Parts and Equipment, Inc., a family business that had survived since the 1950’s. The president of the company fully trusted Jaska, who did the company’s accounting.

Common Flaws Associated with DUI Testing

  November 16, 2011     By Katz & Phillips, PA
In any given DUI case, it is likely that the prosecution will have considerable evidence being held against you. Many people can view this as the final nail in a case’s coffin, but the truth is that there are ways in which this evidence can be challenged based on these test’s common flaws.

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