Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
While many workers know how to identify and report sexual harassment, victims of it will remain silent for many reasons. Employment lawyers stress the importance of documenting such unethical behavior in order for it to stop.
Anyone who has ever been falsely accused of a crime knows just how important it is to be vigilant in defending their innocence. Anyone is at risk of being falsely accused of a crime, especially if the accuser has a motive to lie and accuse an innocent person that is driven by revenge or a desire to gain an advantage in a family law or civil case. No matter what the motivation may be, it is imperative to take proactive steps in preparing a defense now.
To devise a good defense strategy, itís important to know what are the types of defenses and in what situations they can be used. Using the right one can help you get rid of the charges and avoid penalties and punishments. Read the article to know more about the types of criminal defenses.
In the state of New Jersey, if a driver causes another personís death as a result of driving recklessly, they can be charged with vehicular homicide, or death by auto. This is a second-degree charge and comes with serious penalties including fines, license suspension, and hefty prison sentences.
Driving under the influence is one of the more common criminal offenses one can be charged with in Las Vegas. With the abundance of night spots and establishments that offer hard liquor throughout the city, there is sure to be at least one case of a DUI arrest at any given time of the day. One of the rarer instances related to these kinds of charges is boating under the influence, DUI boating, or simply BUI.
You are probably familiar with field sobriety tests. They are the physical tasks that officers ask drivers suspected of drunk driving to complete in order to demonstrate their level of intoxication.
Whether youíre actively seeking a new job or youíre already working part- or full-time, a Colorado DUI can have a significant impact on your employment. Depending on your field of work and your employer, you may face some difficulties in your professional career. Hereís the breakdown on how a DUI affects your employment and how to get a job after a DUI.
One common crime that people are accused of that serves as a catch-all offense is that of disorderly conduct. Understanding this charge can help a person dispute the charge and potentially avoid consequences that result from it.
Obstruction of justice charges can result from a variety of circumstances, making them one of the most confusing types of charges. This has led to rampant confusion among individuals who are facing these charges.
While the rights to assemble and to have free speech are provided under the First Amendment to the United States Constitution, a person can sometimes be found criminally culpable for actions taken during a protest or demonstration.
The Uniform Crime Reporting Program provides important statistical information to federal agencies. It helps to demonstrate whether crime is growing or declining in certain areas and over time.
There are various signs that a criminal investigation is on the horizon. These are not the same as civil inquiries. The Internal Revenue Service initiates these from the recommendation of the auditor assigned to the person or company. Tax returns or fraudulent activity that includes illegal acts are analyzed by the Criminal Investigation Division of the IRS.
Non-disclosure of criminal records can prevent other people from learning about the details of criminal charges and cases. However, it is very often that an entity may still be able to access records regarding various crimes and cases.
Many people recognize that when they are incarcerated that they lose many rights, including the right to privacy, the right to assemble and the right to free speech. However, simply being incarcerated does not mean that all important constitutional rights are extinguished.
For many individuals, going to prison results in the ending of their potential. Based on the high rate of recidivism, many individuals who go to jails and prisons go on to commit more crimes and land back in jail or prison.
Identity theft is running rampant in our country. If you are the victim of identity theft, there are some important steps to take to ensure that you can restore your credit and won't be charged for these fraudulent charges.
Individuals invariably make decisions that cause law enforcement to have a warrant issued in their names. There are various versions of warrants, but the arrest type is one that a person should be wary of due to the imminent possibility of being arrested for a crime.
Various laws are in place to protect the public from those that commit egregious violations of the law through felonies. Of these, there is a law of three strikes that provides the second and third chance to a person that commits felony crimes.
Many instances arise where a criminal defense lawyer is not a good fit with the defendant. While this may not be a common occurrence, it is an important issue that should be corrected quickly.
Station house detention places are those that hold specific suspects in police stations so that they may be questioned and interviewed through an investigation of crimes that these persons may be involved in or have participated in with others.
When a person commits a crime or is arrested and charged with violations of the law, he or she must often face time in jail while awaiting several processes of legal procedure. Some of these cases do not require this step, but the harsher offenses such as felonies or crimes with aggravating factors may demand this person be in jail until certain stages occur.
When a person is defending against criminal activity, he or she may feel the need to not be present in the proceedings. He or she may be ashamed of what the trial may cause him or her to face.
When a person has been charged with a crime, he or she must face a court case in most instances. He or she issues a plea and the criminal defense lawyer takes it from there. If the case is lost, conviction of the charges occurs with the sentencing of penalties for the crimes.
The jails and prisons throughout the United States are filling up fast with severe overpopulation. Those with petty crimes are being thrown in alongside multiple convicted murders. In many cases, these persons go into these facilities as one person but come out as a completely different individual.
A personality disorder, psychopathy has been determined to affect a certain percentage of the population of the world. There are specific characteristics impacting those afflicted with this issue. These may include emotions that are shallow, impulsive behavior, a lack of empathy or remorse for people and situations, as well as antisocial and criminal potential.
The propensity to put greater emphasis on internal characteristics of the intention, agent or character instead of external factors is considered to be fundamental attribution error. This is also known as correspondence bias, attribution effect and similar terms.
Individuals often face difficulties in life that cause appointments to be missed. Unfortunately, this may have a direct impact when missing a court date. These meetings are often vital to the freedom of the person involved.
Most criminal cases never see a trial or jury. That is due to the elimination of them through plea bargains or being dismissed entirely.
Most criminal offenses are charged with law enforcement involvement. This could be a police officer, Federal Bureau of Investigation or other agencies. One particular way that is standard in many instances if for the law enforcement officer to directly observe the criminal act being committed.
When drugs are involved in crimes, law enforcement officers often seize items, cash, possessions and other property from these suspected of committing these offenses. This may occur when the person confesses, is only a suspect, when violations of the law are proved through other means and during an investigation.
In many instances of an arrest, law enforcement officers seize property, money and possessions. It is often difficult and time-consuming to regain these items even after the arrest has been completed.
There are several steps in a criminal case that require assistance with legal representation, prosecuting lawyers and other important persons. The preliminary hearing setting conference has the date set specifically for the preliminary hearing used for the case of whatever charges were issued to the accused.
The work product of a lawyer and the attorney-client privilege, though confused for each other, are related but separate concepts. Both involve the relationship with the client, but they are different types of protection of information with dissimilar motivations.
There are times when legal representation is not what the client wants. The client may encounter a legal strategy, attitude or general demeanor that does not sit well with him or her. When the lawyer hired is not in accord with the person that hired him or her, various difficulties may arise.
Warrants are issued by a judge through law enforcement agencies to arrest or search a suspect or suspectís dwelling or belongings. Some warrants take time to obtain, but others are much quicker with the advances in technology.
Drug distribution, trafficking and possession are crimes great in number all around the world. It is with much time, energy and effort that law enforcement creates task forces to crack down on criminals known and under suspicion.
In New Jersey, an individual charged with their second DUI faces steeper penalties than they faced with their first DUI charge. If that individual is charged with DUI a third time, they face steeper penalties yet. This is to discourage habitual drunk driving.
Michael McQueary, a testifier in the Penn State Child Molestation Scandal, was publicly ridiculed for his involvement in the scandal. McQueary faced public outrage because of his involvement in the scandal, but claimed to have been misled by Penn State administrators. See what the jury had to say on their ruling in his case against Penn State.
Forgery is the act of altering or creating a document for purposes of deceiving others or with the intention to commit fraud. The practices of this criminal activity are proliferated throughout history in historical texts and in verifiable sources of the past of the United States.
Healthcare has been abused since its inception in one way or another. This abuse may have been with using the healthcare, signing up or through fraud. These crimes cost billions in Medicaid each year.
There are various forms of fraud that plague the world in terms of damage to systems, financial gain, personal injury and many other issues as well. These schemes are often concocted by individuals that are attempting to rob a person or company of hard-earned money or benefits in order to gain personally from these.
When persons work in the United States, it is illegal to not report income after a certain threshold has been reached. This is especially important for businesses.
Anti-money laundering compliance is very important to banks and financial institutions per the United States government. Without adherence to these regulations, a company is open to potential prosecution for various internal activities.
The Foreign Account Tax Compliance Act was issued by the IRS in response to the Hiring Incentives to Restore Employment Act signed by President Obama in 2010. This was implemented to ensure foreign accounts with taxable income are reported and adherence to guidelines issues was followed by individuals with income in accounts in overseas banks.
Foreign Bank and Financial Accounts Report (FBAR) and the Foreign Account Tax Compliance Act (FATCA) are both important acronyms to know when dealing with potential issues with the Internal Revenue Service.
Fraud comes in many shapes and sizes. The amount that is taken during fraud crimes is one factor considered when charges are filed and when a case initiates. Tax fraud is different than these other types as only the Internal Revenue Service is permitted to pursue suspected tax offenders.
While many persons are enjoying the feel and thrill of gambling in a casino after turning 21 years of age, some are determined to commit various crimes in these settings. Of those that execute offenses against the law, many try to cheat the casino through various means.
Reporting foreign accounts in banks is vital to ensure criminal consequences are not issued to individuals filing taxes. Adherence to the Foreign Bank Accounts Reporting is vital to ensure penalties that may be as little as $10,000 or 50 percent of all account income in offshore accounts do not occur.
Audits tend to occur when there is a suspected tax crime. It is important to ensure a civil examination is accomplished with cooperation, a calm presence and peaceful actions. The revenue agent provided for the investigation should not be misled or lied to. With all information disclosed properly even after the examination initiates, a criminal investigation may not be the next process.
In some situations, jail is not the best answer. To help fight criminal activity and to deter it, lawmakers and prosecutors consider alternatives to the traditional penalty of assigning jail time to those convicted of crimes. One such alternative is drug court. There are a number of other alternatives to jail time.
Because criminal investigations initiated by the Internal Revenue Service require resources and time that may be better utilized elsewhere, starting a case for possible tax crimes is not sought after by this agency. Audits are often routine for various reasons based on data collected during and after tax season.
Many different forms of fraud have been committed for countless years. These crimes may rob others of resources, money, information or other items that are considered valuable to someone. When the digital age bloomed, identity theft became a major concern.
Electronic snooping has been determined to be a form of fraud through the use of computers by federal laws in certain instances. Felony charges may be issued to those that snoop in this manner, as information is stolen and terrorism may occur through cyber attacks and computer-related crime.
When filing for unemployment, there are some instances that are considered fraud. These usually occur when the person collects unemployment payouts due to incorrect, misreported or unreported data.
Fraud crimes are perpetuated in almost every facet where money or benefits are exchanged. Though fraud may primarily deal in information, the actions of using that information are still considered invalid and a form of fraud.
Excessive force is a violation of the United States Constitution. Some states may label the use of a taser stun gun when injuring a person as this excessive force.
Violators of the law use many parts of the government system against itself in order to profit from loopholes, breaches in computer networks, lack of security and many other areas that may be exploited.
The elderly are targets for a variety of crimes by those that feel this group of individuals is a quick and easy victim to take advantage. Numerous scams are concocted that involve older persons.
Fraud has been determined as any illegal act where the initiator of the crime obtains in some manner anything of possible value through misrepresentation. This could be accomplished through charm, deceit, manipulation or similar actions.
The Internal Revenue Service is called when both businesses and individuals are suspected of illegal income, revenue and wage activity. Anyone may be subject to an audit, but these are especially harmful when there are actual illegal processes occurring within the company.
Many youths are subjected to difficult periods of childhood that may be rife with the possibility of crimes committed to them or from them. When an adolescent is part of a gang, he or she may carry or possess a weapon. These may include bladed items, firearms or club-like armaments.
Since the technological boom, crimes involving computers and the internet have been on the rise. These are usually referred to as cyber crimes. Because of this, laws have had to evolve to deal with these new and creative ways to break the law to include advanced law enforcement policies, lawyer assistance and how judges handle these cases.
Documents are the foundation of tax cases where crimes are suspected. Subpoenas are often issued that demand extensive documentation to back up a claim of offenses for evidence against someone that may have committed tax crimes.
The Report of Foreign Bank and Financial Accounts, known as the FBAR, is assessed by the Internal Revenue Service for civil penalties if necessary. However, a violation of FBAR may not necessarily lead to a penalty. This is due to specific circumstances involved in each case.
Corruption is a significant risk for companies doing business in Mexico: bribery is widespread, and business registration processes, including the obtainment of construction permits and licences, are negatively influenced by corruption.
Numerous crimes of joyriding have occurred throughout the world over the last few decades. These violations of the law usually are perpetrated by minors or younger persons in search of a thrill. However, the crime of joyriding itself is much older in essence.
The internet is a multifaceted place that involves at least millions of computers across the entire world. Criminal activity is available in every corner of the physical world as well as the digital world. Anything a person may imagine could become real with the use of processing power.
Some situations of cybercrime have become so complicated that it takes multiple courts to determine if the crime falls under the Computer Fraud and Abuse Act. One such case was tried against someone that convinced his friends to access unauthorized information for them after he had left the company.
Trade secret theft is a serious problem for both small and large businesses. These secrets are often smuggled out of a company by an employee to another competing establishment.
Virtual crimes are committed through the use of digital software, the internet and computers. Virtual outlets such as The Oculus Rift, Microsoft HoloLens and various others are allowing this crime to be committed through virtual reality hardware with a software interface.
The internet holds vast areas where crime may occur for any number of criminal acts. These may be completed by professionals in crimes or by amateurs. While some violations of the law are accidental in nature, many are not.
The internet is rife with crimes committed by groups and individuals every year. Hackers live on the internet to change things, cause harm, steal information and commit various other activities. It is important to know what crimes are being committed and how to avoid them as well as what penalties apply when a conviction occurs.
The electronic age of personal computers and various devices have all been used as portals for information and various ways of communicating with others. However, there are many individuals throughout the world who have utilized these machines for committing crimes of a myriad of types.
Crimes in the digital world have spread throughout the world, causing billions in damages and millions more in injuries to individuals. When a hacker is involved, the fault of who is responsible may not be found.
Since the 1990s, computers and fraud have become synonymous. Many individuals have initiated crimes of fraud with various companies through the use of a personal or anonymous computer. These could be used at a personís home, through an internet cafť, a library or similar location.
Computers were around for use in the 1980s without the integration of Windows for years. When it became apparent that these devices could be used to harm systems and places through networks, agencies in law enforcement and government set up regulations to provide for the prosecution and potential conviction of those indulging in illegal activity.
White collar crimes occur every day throughout the country in businesses and companies. Because some of these violations of the law are complex and complicated, various factors may cause the case to become convoluted and take more time than other cases.
When a person takes a vehicle through force, violent acts or the threat of intimidation, a person has committed the crime of carjacking. The definition set forth by the United States Justice Department for carjacking is the accomplished or attempted theft of a vehicle by someone unknown by the victim.
Many states consider that when a childís health, safety against dangers or overall well-being has been endangered, a criminal offense of child endangerment may have occurred. These crimes may come to convictions that often see parents, friends or others placed behind bars for many years.
When individuals commit crimes, they may not think clearly about the potential consequences of committing a crime. For many people, these consequences are often severe, including the possibility of being imprisoned or having to pay large fines. The consequences are even more severe for individuals who are not citizens.
The Internal Revenue Service provides a variety of voluntary disclosure options to help parties avoid possible criminal action if they come forward and report certain information. One such disclosure provision regards the Offshore Voluntary Disclosure Program.
Living with a criminal record can hamper your ability to secure a job, rent a house or apartment, or build meaningful relationships with others. This can make it feel like your sentence continued even after you completed its terms. Depending on your circumstances, having your record expunged could be a viable option.
Individuals in the United States are required to file a tax return if they owe tax and to pay on any tax due. If they fail to file a tax return, they may find themselves being charged with a crime.
Writing a bad check can cause significant criminal penalties to arise. In order to avoid these consequences, it is important to understand the crime of writing a bad check and any defenses to it.
If a person fails to file his or her tax return when required to do so, he or she may face significant penalties based on a failure to file charge. Being aware of the defenses may help a defendant avoid the most serious consequences. However, defendants should also be aware of the limitations of these defenses.
When someone fails to file a tax return and is then charged with a crime of this nature, they often wonder why they were targeted for this crime. After all, there are criminals who have not filed tax returns for years because of their illegally-acquired funds. Often, the question comes down to the willful nature of the failure.
Identity theft occurs when a person takes someone elseís personal information and uses it for financial gain, such as by getting credit cards in the victimís name and running up debt under that personís name while benefiting from the purchases. Identity theft can have a significant and adverse effect on a personís credit and financial stability.
The False Claims Act has become most well-known today for violations from the health care industry. Those that submit a false claim stand to face severe consequences.
Business owners often put a lot of trust in the individuals that they employ. Unfortunately, this trust may be misplaced in some situations. Employees who are in key positions to have access to business funds, client funds or other resources may exploit their positions and commit fraud against the business.
White collar crimes are typically non-violent crimes that involve some type of deceit that yields a monetary gain for the perpetrator. As opposed to other crimes, white collar crimes are usually committed by individuals in professional positions of trust. It is this position and assumed respectability that allows individuals to commit these crimes.
When a person files a tax return, he or she has the option to later amend the return if something was not performed correctly before. However, if a person wants to amend a tax return that included false or fraudulent information on it, there may be important considerations.
When an individual is convicted of a criminal offense in New Jersey, he or she can face multiple penalties. These penalties can include fines, jail time, restitution, the loss of certain rights, and probation. Probation is a period of supervision by law enforcement that is often imposed in place of jail time.
The prevalence of identity theft appears to be increasing as technology continues to move forward. The easy ability of accessing the Internet has helped a lot of individuals steal the identities of unsuspecting victims. The rampant use of fraud has assisted these criminals in obtaining information about others that they otherwise would not have any access to.
The laws of the United States have started to change when dealing with some drugs. One particular drug that has a change of regulation and law governance is marijuana. While some states have legalized the use and manufacture of this substance, other states have started to become stricter in dealing with those consuming this product.
Child abuse may happen at any place not just in the home. It is when it happens at a business or a company that more damage may be done as it is often unobserved by those in authority. If the abuse is only observed by other children, it may go by unreported.
Many criminal cases start before a person is arrested for an alleged crime. The actions of accusing a person are often what lead to an arrest, but they have to start with someone telling someone else that a person committed a crime.
The distribution and selling of drugs are rampant throughout the world. These criminals provide and cause addiction in thousands of people each year. When large quantities are distributed to other areas or individuals, multiple crimes are often charged if they are caught by law enforcement.
Organizations in place to assist animals in peril have estimated that over 10,000 puppy mills have been created and are generating profits at the expense of what could have been beloved pets. These facilities have unhealthy living environments for these animals with severe cruelty often unnoticed by others due to where they are located.
Cases of child abuse range from one side of the world to the other. These issues have been in existence for hundreds of years, and only recently have these problems been addressed through laws and litigation.
The world has started changing its views on certain drugs. Of these, marijuana has been considered by citizens of the United States for several years as less of a drug and more of an herb. Many individuals have used this substance to assist in medical treatment for pain, aches, swelling and many similar issues a person often faces with certain ailments or conditions.