Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
Displaced aggression can occur when someone cannot aggress towards the source of incitement or provocation, so instead takes it out on something else and behaves aggressively towards another individual that had nothing to do with the initial conflict.
The U.S. Defense Department released its findings about the incidence of sexual assault and rape in our nation’s military. The report includes statistics from an anonymous survey and from reported incidents on file. According to the department’s results, the number of sexual assaults decreased over the past two years. In 2012, the survey found 26,000 victims of sexual assault in the military which decreased to 19,000 in 2014. These incidents are for unwanted sexual conduct including rape.
Attorney General Eric Holder “gets it.” He understands that the federal prisons are full of non-violent drug offenders. During his administration, there has been the biggest overhaul of federal sentencing in drug cases in more than twenty years.
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
When accused of possessing marijuana, cocaine, ecstasy, heroin, “molly,” or other illegal drugs or narcotics, the prosecutors have the burden of proving specific elements of the crime beyond a reasonable doubt.
Many people don't really believe they should go to the expense of hiring a DUI lawyer when arrested for a drunken driving offense. Do you really need an attorney, should you just plead guilty? There are plenty of questions you probably have, which is just one reason you should at least speak with an experienced defense attorney.
Dealing with informants is a controversial aspect of criminal law. Several Supreme Court cases have helped to mold this area of the law. States may have additional requirements under their laws.
Under the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.
In certain cases, a lawyer may recommend hiring a private investigator. He or she may have existing contacts or may recommend that you find your own investigator. Here are some situations in which you may need a private investigator to assist you in your case.
Psychopathy is a personality disorder believed to be affecting 1-2% of the world's population. Those afflicted have certain personality characteristics: Shallow emotions, superficial charm, impulsiveness, and lacking any empathy or remorse, often leading to antisocial behaviors and criminal activity.
There are often completely different outcomes in similar criminal cases depending on the statute an individual is charged with. Prosecution must be accurate and precise in their charging decisions. Charging someone with the wrong crime can result in charges being dropped; cases are lost all the time due to technicalities.
If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive. Being convicted of a felony can have some of the following severe ramifications on your career.
It has been continually shown over the years by developmental psychologists that a child’s peer relationships are essential in proper emotional and social development of an individual. Around the time of puberty, these adolescents begin to become more susceptible to the influence of their friends, and less susceptible to the influence of family or parents.
The insanity defense is one of the least successful defenses in a criminal case. The determination of the suspect’s mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane.
A confession is probably the most damaging kind of evidence that you can give to the police, and will surely be presented in court in front of a jury. It is almost as bad as blowing into the Breathalyzer when you know you’ve had more than two drinks.
Most Common DUI Question Answered: What Do I Do If I Am Pulled Over?
Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action is pending against him or her. Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.
In order for a plaintiff to proceed with a case, he or she must notify the defendant of a pending action against him or her. Through service of process, the defendant can receive this important information.
Driving with a suspended or revoked license can be as benign as a civil traffic violation or as serious as a third degree felony, depending on the reason for the suspension and/or your number of prior convictions.
A conspiracy is defined in law as an agreement between two or more individuals to commit a crime. Although this may seem like a pretty straightforward definition, as with most criminal law, it is up to interpretation. Here we discuss Florida’s Fifth District Court of Appeals interpretation of a conspiracy charge, and how it applies to those accused of drug trafficking. In Hampton v. State, Albert Hampton appeals a guilty verdict of conspiracy to traffic cocaine.
The Supreme Court recently decided you can be stopped for breaking a law that does not exist.
Many people are surprised to learn that law enforcement officers are not simply allowed to stop any vehicle they see on the road.
When a person is charged criminally with a DUI offense there are several different pleas that he or she can enter in court.
Domestic violence is a serious accusation and can have devastating effects on the life of those accused.
Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. In the context of DUI cases, it is often used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.
Earlier this year, HB5701, the Job Opportunities for Qualified Applicants Act, was passed and signed into law in Illinois. This law is more colloquially known as the Ban the Box law and presents Illinois job applicants with greater opportunities to secure employment. Similar laws are becoming popular throughout the United States. Currently, 12 states have statewide Ban the Box laws and 19 states contain at least one city or county with this type of law.
Illinois joined the growing group of states to allow the use of medical marijuana.
This is the time of the year when California's highways become full to capacity with parents, children, cousins, grandparents, and friends traveling through the state to be together for the holidays.
The implications that a DWI charge can have on your employment.
Explaining the process of representing oneself in a criminal case, and outlining the risks involved with doing so.
Designed to provide parents with specific things to consider before choosing a criminal defense lawyer to represent his/her child who has been charged with a crime.
If you were pulled over during a holiday or any other time of year, you may have been arrested for DUI. However, there are several defenses that a criminal defense attorney may raise to protect you from a conviction.
Congress and President Obama have both taken recent steps in passing two measures that move in the right direction to solve the immigration crisis in the United States.
The United States Constitution provides protection for individuals from illegal searches and seizures. Whether a search is constitutional depends on the particular circumstances of the case.
Designed to provide parents with general information about the Pennsylvania criminal process in the event that their child has been charged with a crime.
Section 226 of the Thai Criminal Procedure Code of B.E. 2477 (1934) prohibits, in a criminal case, the admission of evidence that is obtained by unlawful means.
Colorado law widely regulates the use of medicinal drugs and outright bans the use of most harmful non-medicinal drugs.
Criminal convictions are often discovered by potential employers and landlords upon completing a background check. A conviction can follow a person around for his or her lifetime in some cases. Seeking to expunge or seal your criminal record may help this information to be removed from the public eye. However, it may not completely remove the conviction from a person’s criminal record.
Yes, it does happen. While the majority of those who are arrested at the international border with cars laden with narcotics know that of their illicit cargo, there are the occasional blind mules –those who were duped by strangers, business associates or even loved ones to carry the contraband.
The prosecutor and the judge may prefer to dispose of cases through a plea bargain because doing so helps to manage case loads and reduce the number of cases that require a full trial. This helps to decrease the expense that the state will pay for this portion of the criminal justice system. Criminal defendants may also realize certain advantages by accepting a plea bargain. However, they must also be aware of the disadvantages.
Domestic Violence in relation to RA 9262. Domestic Violence is an act of aggressive behaviour within the home and towards a member or members of the family such as but not limited to physically inflicting bodily harm to a spouse or children, verbally assaulting a member of the family, sexually abusing the wife, partner or even the children.
An Ignition Interlock Device (“IID”) is a device that connects to a vehicle’s ignition and requires a breath sample from the driver in order to start the vehicle and to keep the car operating.
By STA Law Firm
Should I not hear, as I lie down in dust, the horns of glory blowing above my burial? Contrad Aiken
One complication that can make handling a DWI much harder is when the defendant is from another state. This raises numerous issues that may not have simple answers. Every state has slightly different laws, and these laws can change at any time, so it is difficult to know how some of these issues may be resolved. We will separate common types of issues that arise when cases occur across state lines.
In order to get charged with a criminal offense in Colorado, the police are going to be involved in some way. This means any law enforcement agency.
Before a driver can be arrested for a DUI offense, the investigating officer must be able to form a reasonable suspicion that the driver is under the influence of alcohol or another intoxicating substance. This will be based on the officer’s observations of the driver’s appearance and demeanor and information about drinking or drug use the driver voluntarily provides when asked.
Battery domestic violence is a misdemeanor case in Las Vegas Nevada. But a domestic battery by strangulation is taken more seriously and can result in a felony charge.
The Fourth Amendment protects individuals from unreasonable searches and seizures. However, the United States Supreme Court has held that a drug dog sniff that is conducted during a lawful traffic stop does not constitute a search as an individual does not have a reasonable expectation of privacy in illegal contraband within a vehicle. However, there are specific rules that police officers must follow when bringing a dog sniff dog to the scene.
Law enforcement officers are adamant about cracking down on drunk drivers. But what is considered reasonable suspicion when making those stops? Reasonable suspicion can be complicated in DWI cases, but officers must believe some form of criminal activity has taken place before a stop can be made.
Seeking a protective order after an instance of family violence can be complex. A protective order can be used to help a victim of family violence feel safer by restricting his or her interactions with the alleged abuser. However, there are several elements that must be proven to ensure a court would approve a protective order.
A discussion about what constitutes drug paraphernalia in New Jersey, as well as the penalties and consequences.
One frequent concern that those arrested for driving under the influence may have is what effect a DUI conviction would have on a potential military career.
For those of you who have not been following this story, let me catch you up. Michael Phelps, the most decorated Olympic athlete in modern history, was charged with his second DUI on September 20th, 2014.
When someone is arrested and cited for a DUI offense, the driver typically is released from jail the next morning and given a citation with a future court date. Generally, the arrested driver must sign a notice to appear showing that he or she is aware of the future court date and that he or she promises to appear in court on the scheduled arraignment date. Missing this court date can carry serious consequences.
A DUI accident that results in a fatality is a tragedy for all parties involved and their families. However, the particular factual circumstances surrounding the fatality will impact what type of criminal charges are ultimately filed.
Abuse comes in many forms - emotional, physical, verbal, sexual - and to anyone - young or elderly. Learn how to identify abuse and prevent it.
In today’s world Driving Under the Influence or Driving While Impaired is the poster child of the campaign against bad actors behind the wheel, and with good reason.
Five points you should know about breach of trust before you accuse somebody
In both evaluations – winning and execution evaluations- there must be a good channel of coordination between the plaintiff, which is the client, and his lawyer.
How much time must pass between DUI convictions before a new charge is no longer considered a "second DUI"? Many people who have old DUI convictions on their record may not realize that the old conviction can be used to enhance the penalties on any subsequent conviction for driving under the influence. However, there is a limit to how long a prior DUI conviction can affect the mandatory sentencing requirements on a new DUI charge.
If you've been driving around Alexandria and you have been pulled over for DUI, you need an Alexandria criminal defense lawyer. This is true whether or not you're actually guilty.
Congratulations, you've been initiated into the criminal justice system and you need a good Alexandria criminal defense attorney to represent you.
Murders of or by foreigners in Egypt – Thankfully these cases are rare, but unfortunately they aren’t unheard of. Not the most common of foreigner crimes in Egypt, murder (or a killing) can be classified as follows: self-defence, manslaughter, deliberate murder. In terms of statistics, self-defence is usually behind a foreigner killing an Egyptian citizen.
Financial fraud – the most common and most profitable ‘business’ activity that turns to foreign residents. Real estate fraud, illicit car sales, cheated insurance, denial of services that you have paid for–you name it. You should seek protection from a law firm in Egypt in any of these cases; don’t wait and be protected from the very start.
Two male nurses accused of committing elder abuse faces up to six years in prison if convicted at trial.
For many people who are stopped and arrested for driving under the influence after going through a DUI checkpoint, a very common question is whether or not these checkpoints comply with the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. The U.S. Supreme Court has previously held that an officer must have probable cause that the driver is engaged in some sort of illegal activity before he or she can legally pull that vehicle over.
When a criminal defendant is confronting a criminal case and is slated to go to trial, it is the criminal defendant’s decision whether to proceed to trial or to plead guilty in order to avoid it. While his or her lawyer can provide information about the pros and cons of going to trial, the lawyer cannot generally make this decision for the client. However, before a criminal defendant decides to plead guilty, he or she should be aware of the consequences of this action and any alternatives.
Hundreds of people plead "guilty" to drunk driving charges everyday. Unbeknownst to them, their lives will be dramatically changed for years to come. So, before saying "guilty", take the time to evaluate defenses to the drunk driving charge.
In every criminal case, whether a misdemeanor or felony, there are 5 key actions that the best criminal defense lawyers take. These actions ensure you get fair bond conditions (pretrial release) and a chance to examine the evidence against you. Once the evidence is examined, your attorney will identify your best defense, and file the appropriate motions to advance your defense.
Are you looking for the best criminal defense attorney? Here’s an overview of the most essential aspects to consider when looking for the best attorney.
While many criminal defendants decide to plead guilty early in the process in order to save time or to get a deal with the prosecutor, there are many times when it is reasonable to consult with a criminal defense lawyer. If one of the following applies to you, consider speaking with a criminal defense lawyer.
Since the American TV Show ""Breaking Bad" sweep over the whole world, a lot of foreigners are found to be involved in drug crimes in China. They are facing very serious penalty for China government lists the kind of crime as one of the top felonies.
A felony charge is pursued by a prosecutor when a serious crime is committed. A federal felony is category of crime that involves breaking a law at the national rather than local level. Both types of felonies carry similar punishment.
The vast majority of criminal cases never go to trial. These cases are either disposed of by a plea bargain or dismissed outright. This article explains two common ways by which criminal cases are disposed of in a plea bargain that may also result in a dismissal upon completion.
A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge.
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
The first consequence that most people think of is, of course, jail time. The amount of jail time that can be imposed varies, depending on the level of the offense and the circumstances of the offense.
Like expunctions, orders of non-disclosure can prevent the disclosure, from the general public, of the existence of a criminal record.
In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death of one family or household member by another family or household member.
A criminal record can have far-reaching consequences, even if the criminal charges do not result in a conviction. Fortunately, Texas law provides an opportunity for expunction to people who were arrested but their cases were dismissed or they were found not guilty after trial. However, you will not be eligible for an expunction if you were placed on probation, deferred adjudication, or you finished your case by doing jail time.
Simply put, burglary involves entering a house, structure, business, or vehicle without the consent of the owner and with the intent to commit a criminal offense once inside. Burglary is an invasive property crime that can have some very serious, life altering consequences for the accused person.
The Dallas police department dropped charges against a Texas civil court judge after a month-long investigation. According to investigators, the lack of evidence presented in the case meant the charges would never hold up to a conviction in court.
Holiday weekends are known for increased DWI arrests and tragic alcohol related traffic fatalities. In an effort to thwart this trend, Texas increased no-refusal checkpoints across the state for the 2014 4th of July Weekend.
Did you know that in Texas, DWI offenses do not always involve driving under the influence of alcohol. Also, in Texas a DWI is not the same thing as a DUI. There are many driving under the influence and operating while impaired laws unique to Texas.
It is against the law for police or law enforcement officers to search you and your property without a warrant or consent. However, in some cases this does not stop them. That doesn't mean that the evidence obtained against you illegally cannot be used in court though. In some instances, evidence obtained in an illegal or warrantless search can still be used in Texas courts.
When you get a traffic ticket, consider the following issues before deciding whether to fight the ticket:
The Texas Parks and Wildlife Department is zeroing in on boaters and watercraft operators driving under the influence of alcohol. Local task forces have been developed in various high volume boating and recreation areas across Texas.
Did you know you can get a DWI for driving a golf cart while intoxicated? Driving a golf cart under the influence of alcohol is a crime in Texas, depending on your speed and where you are driving the cart.
When an individual is sentenced for a specific crime and is out on probation, it is absolutely essential that he or she complies with the terms of that probation. Terms of probation can include refraining from using illegal drugs, consuming alcohol, possessing a weapon or even committing a new crime. If the defendant violates their probation, the probation officer can file a document that is called “Petition to Revoke Probation” and can issue a warrant for the person’s arrest.
Many states are legalizing marijuana, but in Texas the possession of marijuana is still a crime. Still farmers continue to grow the valuable cash crop along Texas' fertile farmlands. Learn what the penalties and fines are for possessing marijuana in Texas, and what the future may hold for the legalization of marijuana in Texas.
Arizona law includes punishments when someone violates an order of protection in the state. A judge will usually issue an order of protection or restraining order in response to a person’s fear of possible harassment, assault or domestic violence. The defendant might not know that a person has requested an order until they are served with papers. Once the defendant receives the order, it is in effect for a full year.
Child pornography offenses are one of the fastest growing crimes in California, with a 150% increase in detection and arrests each year. As more and more people are caught in police stings as a result of Task Force operations, it is increasingly apparent that people accused of this crime come from all walks of life.
This question comes up more and more often as the United States continues to increase enforcement and lower Blood Alcohol limits. The short answer is No, you can’t get into Canada with a DUI, a DWI, or any state’s equivalent charge. At least not without jumping through a series of hoops set up by the Canadian government.
Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders
An overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.
The San Francisco Bay Area has seen a recent change in way prostitution is being prosecuted. Traditionally, prostitution and solicitation of prostitution were charged as low level misdemeanors. However, defendants are now being charged with serious felonies. It is important to understand who can be charged with these crimes and why the authorities are changing their policies.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?
There is no “Preliminary Hearing” in China criminal procedure. The Initial investigation is carried out by the prosecutor (Called The People’s Procuratorate in China), who will then decide if the case is deserving of criminal charges.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
Posting a bond can be an intimidating procedure, especially if a loved one is sitting in jail and you’ve never had any experience with the criminal legal system before. While the details can get confusing, there are essentially two ways to post a bond. An individual can post a bond for a family member, friend, or loved one, or a professional bondsman can post a bond for a criminal defendant.
The European Banking Authority (EBA) published on the 4th of July 2014 an Opinion addressed to the EU Council, European Commission and European Parliament setting out the requirements that would be needed to regulate ‘virtual currencies'.