Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
Testing of blood and breath are standard procedures police officers use to analyze the blood alcohol content of a driver when there is suspicion of DUI. These tests are not always reliable, and there are other factors that assist in determining if a case against an individual is valid.
Some ways law enforcement officers may determine if a driver is impaired are through a standard breath test or a sobriety test. However, these tests are not always reliable. The question then becomes one of admissibility in court.
Many states require blood testing to determine blood alcohol levels for determination of impaired driving. When a person refuses to be tested, these states criminalize these actions. The United States Supreme Court has addressed this issue.
Most individuals who are pulled over for possible DUI violations are unaware of what to do during or after these processes. Without the knowledge of what to do and what to avoid, many drivers make simple mistakes in many of these instances. It is important to become educated on how these processes work and how a DUI charge can be beat.
Drivers may be pulled over due to suspicion of driving under the influence of alcohol. When this occurs, they are often told that they are required to submit to either a breath or blood test to determine blood alcohol levels. In the cases these are refused, it is important to know what the next step may be.
Many individuals who are arrested for DUI or who fear that they may one day be so often have questions concerning the DUI process. Many of these questions center on what to do when they are pulled over. It is important to know what steps are needed for these procedures, and knowing the answers to the most common may assist in avoiding future complications.
Police officers pull over drivers they feel are under the influence of alcohol or drugs. Often when this occurs, they ask the driver to perform a field sobriety test. There are three standardized tests that may be performed, and there is the possibility the driver will refuse each one.
Many states have DUI checkpoints to test for DUI violations. There are some states considering a ban on these checkpoints, but other factors must be considered to determine if these should be removed in the states considering the action.
Some states have laws that characterize a DUI checkpoint as more of a roadblock. Determining the legal issues surrounding a checkpoint or roadblock is important to state government and law enforcement.
The Fourth Amendment of the United States Constitution protects against unlawful searches and seizures. Often, this requires probable cause before a law enforcement officer can search or seize something or someone without a warrant.
Law enforcement officers are not able to stop any vehicle that they want to stop. Instead, there must be an articulable reason for the stop, referred to as reasonable suspicion.
On many holidays, law enforcement cracks down on drivers who appear to be under the influence. Many are asked to perform sobriety tests or other tests to determine blood alcohol content.
When a driver encounters a DUI checkpoint, he or she may feel some stress or anxiety. If pulled over, there are some tips for remaining calm and how to get through the checkpoint. Stress upon the body often results in behavior that may be exhibited as being under the influence.
Behavior when being pulled over for a possible DUI violation may make the difference in whether a person is ultimately arrested or not. It is important to know what to do when being pulled over, and whether or not to allow a field sobriety test.
Cell phone use has made life simpler for drivers and passengers when it involves road issues. When another driver appears to be under the influence of alcohol, it is easier than ever to make an anonymous call to report the person. However, in many instances, the caller wants to remain anonymous for fear of being part of the trial as a witness or having to make a statement to police.
There are some standard regulations when driving. One of these throughout the entire United States is that it is illegal to drive with a blood alcohol level of and higher than .08 percent. It is important to become accustomed to the basics about driving under the influence to avoid any possible convictions for these charges.
Individuals who are arrested for DUI must worry about how a conviction may impact their lives. While the penalties are steep for civilians, the potential consequences are even more significant for individuals in the armed forces.
Utah v. Strieff is a case that may be used by prosecution throughout the United States again and again to overcome stops that are not entirely lawful. However, this case should only apply to a narrow section of cases when evidence that is searched for is not connected to why the individual was stopped.
Drivers who are under suspicion of driving under the influence are often pulled over by law enforcement. This is to maintain public order when DUI violations occur and to prevent unnecessary injuries. When subjected to these processes, it is important to obtain a lawyer. It is vital to remain calm and to be cooperative. Knowing how to act and what to do after being arrested is just as important.
When a person is stopped by police officers, it is often an overwhelming experience. Throw in potential criminal charges, and many individuals have emotional problems dealing with these situations. When the driver is charged, arrested or even just pulled over, it is important to know what rights he or she has under the law of the state he or she is driving in or through.
In response to an increasing number of DUI cases, many states began to implement a no refusal policy. This was a condition of receiving a driverís license and provided consent to testing if a person was pulled over for suspicion of DUI.
Driving under the influence often is governed by state law. These laws can vary by jurisdiction. One state may charge this crime as a low level misdemeanor. Another state may charge it as aggravated with resulting grave penalties. A different state may require a short period jail time. Still yet another state may elevate the crime to a felony and increase all sentences with a mandatory prison term issued.
When a person faces DUI charges, he or she may wonder about the potential consequences of a conviction. Some of these thoughts may center on how a DUI conviction can impact a personís military career.
When a person faces DUI charges, he or she may wonder what he or she should do. The defendant may consider a plea bargain or pleading guilty to the crime. There are several different pleas that a defendant may be able to enter in court, including pleading no contest.
July 29, 2016 By Steven J. Pisani, Attorney at Law
In Colorado, your driving license may get revoked or suspended for a number of reasons including traffic law violation, driving under the influence, not paying traffic tickets and many more. This article will completely devoted to explain the license reinstatement process for Colorado drivers.
When a person is facing a conviction for DUI, he or she may consider what legal strategy is best to handle the case. In some situation, he or she may consider a plea bargain, or his or her lawyer may mention the possibility. Having a DUI lawyer is critical when considering the ramifications of taking a plea bargain.
A first DUI may result in probation, community service and other light punishment. In some cases, a jail term may be imposed, but it may be for only a few days.
Many DUI cases rely on having test results so that there is sufficient evidence to use against a defendant in the criminal case. As a condition of being licensed in the state, many states require drivers to provide implied consent to be tested in the event that they are pulled over for suspicion of driving under the influence arise.
While most cases involving DUI are based on intoxication by alcohol, others involve consumption of drugs. When charged for these violations, the penalties may be just as grave when convicted as with DUI involving alcohol or in some cases even harsher.
Drivers who are under the influence of drugs may or may not exhibit symptoms when the drugs are prescription grade. Often drivers are pulled over when signs of intoxication are observable, but that may not always be the case.
It is invaluable to know everything possible about DUI violations and how a person is charged for these. It is important to know the laws of the state in residence to avoid conviction for charges with possible traffic violations. It is also advisable to know what terms apply to which laws and regulations.
When a driver has taken an illegal drug, prescription medication or even an over-the-counter treatment, this may be the equivalent of drunken driving. In some states, these situations are connected and violations are issued with charges filed.
For various criminal charges, there are a number of defenses commonly used by defending parties to attempt to avoid conviction. It is important the charged individual is aware of his or her rights in order to defend against charges for crimes. Some of the most commonly used defense strategies include self-defense, statutes of limitations, alibi, entrapment and insanity. Applying the corresponding defense strategy to the charges that fit is not always an easy process.
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
Sex offenders are often viewed as some of the worst offenders. This often leads to unfair treatment at trial and abuse within prison walls.
Most states outlaw the act of willfully engaging in sexual conduct in exchange for money or other goods like drugs. Likewise, most states prohibit the selling of another personís sexual services for money or other goods, but these prohibitions may be included in a separate state statute.
Many states have harsh penalties for conviction of DUI, especially when the impaired driver caused an accident. Often injuries are worse when substances are added to the mix, and even fatalities result from the actions of imbibing alcohol.
Sex crime defendants often lament the difficult in receiving a fair trial after being accused of a heinous crime. They may confront juror bias and a criminal justice system that is stacked against them. This has become evidence with the change in how the process works in some states concerning the admission of prior bad acts.
July 26, 2016 By HG.org
Possession of child pornography is a serious crime with potential harsh punishments based on state and federal charges. It is common for such charges to involve a federal investigation that turns up multiple forms of prohibited conduct.
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendantís legal rights.
In states where a breathalyzer test or blood test is used as evidence, it is possible to be penalized with harsher punishments when conviction of a DUI occurs. A driver may fail both tests showing an assumption of guilt. In some states, the refusal of taking tests in the field is enough to arrest him or her.
When making an arrest based on a DUI charge, the officer making the arrest must decide through his or her own surveillance whether or not the suspect is illegally inebriated. Field sobriety tests are some of the ways officers may decide if impairment is at issue.
In most states, a specific amount of time is allotted to when a second DUI is committed and only considered a first offense. However, other states have more strict traffic laws that determine a longer amount of time must pass. It is important to know the laws of the state the person is driving through or residing in to avoid charges of DUI offenses.
Driving under the influence arrests and charges are confusing and lengthy and may end in a license suspension or prison time with potential additional fines. In some states, the laws do not require a suspect to take the field sobriety tests officers often ask in making a DUI arrest.
Retrograde extrapolation is the technical term and method for determining whether someone was intoxicated at the time of arrest even when testing is completed at a later time. Often in driving under the influence cases, suspects are not tested for their blood alcohol level at the time of accident or arrest. Retrograde extrapolation helps decide if the suspect was actually illegally drunk behind the wheel, though the test results may show a lower blood alcohol level once in police custody.
Driving while under the influence (DUI) is a broad spectrum of charges and until recently was only considered a misdemeanor in many states, including the state of Colorado. However, now certain classes of this charge can be considered a felony, which has its own set of sanctions to follow. A felony DUI can occur in most states when a suspect has a record of at least three driving under the influence charges over a lifetime.
Before new laws, all DUI cases were charged as misdemeanors in some states, unless someone was killed in a DUI accident. However, now individuals in many states who have prior conviction records may be charged with a felony DUI that issues two to six years in prison instead of the usual one year.
DUI stands for driving under the influence, of drugs or alcohol, and covers an extensive range of charges and situations. Driving under the influence is strictly prohibited in any method of transportation. The officer who stops the driver usually has the discretion to make this arrest.
With the ability to give a smart phone to their children, parents in the technological age have often decided to buy electronics and phones for their children to interact with their friends. When most children have a smart phone, it is not long before one of these devices is used for communication other than texting or phone calls.
Throughout the United States, teens are sending picture messages or video depicting their naked bodies. Often, they are sending these to each other, but in some instances they send them to someone over eighteen. The laws of each state may have been built to protect these young adults from exploitation and child sex crimes, but when they are the culprits, they may be breaking various state and federal laws themselves.
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
Individuals accused of sexual crimes often face negative social issues in a community. Despite being acquitted of these crimes, these innocent people usually must suffer through hateful words and actions affecting their everyday lives. It may affect their job, social status and even family life.
Sex offender registration is required in most states in various forms throughout the country. The initial purpose of registration was to provide the information about sex offenders to the public. Now the practice has become a way to punish sex crime offenders, discourage sex offender behavior and to prevent continued offenses.
Sexual relations with another person when consent has not been granted is considered rape or a sex crime in California as well as many other states. It is important to know what laws govern each state and how they apply to the person accused of the crime. Harsh penalties and punishments await those convicted of these crimes with severe consequences that may last the entire life of the offender.
The length of time registration lasts depends upon the severity of the crime committed. Often, only first and only time offenders are able to remove their names from the registry. Though this varies by state, removal is possible in some states. In other states, sex offense registry is mandatory for all sex crimes with no possibility of removal. It is essential to know which state requires registration and which state does not allow removal from this construct.
Many states in the country have laws that criminalize sexting. In some states the act is charged as a felony when naked pictures are transmitted to someone underage. Teens and adults may be charged with possession of child pornography when these activities transpire.
More individuals are being arrested for child porn crimes through federally funded task forces. Online crimes of child pornography are a top priority, but ridding the internet of this content is difficult with advanced technology and computer experts.
Accusations of rape charges involving children often cause negative consequences without any arrest having been made. These are serious crimes with potentially devastating consequences if conviction occurs.
A defendant facing charges related to sexual crimes has the same right to a fair trial as any other person accused of a crime. A lawyer should be available that has knowledge of the crimes committed and how to defend the individual. Even though accused, he or she still has these rights.
Child porn crimes are often committed with online access. Peer-to-peer networks are frequently utilized to share and distribute pictures and video. When investigations are initiated to discover child porn offenders, it is important to know what these networks are and how they are used. Research into these crimes provides knowledge on how to convict criminals and how to use these networks to find predators sharing child porn media.
Sex crimes are prevalent in each state to varying degrees. Of these, many offenders are convicted of crimes involving interactions through the internet. Some use profiles to capture the attention of specific people, while others create or distribute illegal content such as child pornography.
Prostitution is an ongoing problem in many states. Exchanges of money, services or products with those selling their bodies occur with clients often in big cities, but even smaller locales witness such activity.
Many factors are taken into consideration in determining whether a particular crime is classified as a sex crime. However, sometimes new instances occur that have no precedence or history of transpiring in the public legal domain. When these issues arise, it is important to handle them with care and immediacy to reduce difficulties or complexities in the future.
Many states have specific laws that prosecute sex crimes in a harsh manner. In some instances, these same crimes are prosecuted as federal cases as well. These tend to be the more aggravated crimes among those also tried state-side.
Allegations of child abuse and molestation are enough to ruin careers, social standing and relationships. When charges are issued to these accused individuals, the seriousness of the possible penalties and consequences of the crime become reality. Jail or prison time is a real possibility to include potential fines, sex offender registration and the ruination of any social standing or professional reputation.
With the technology age firmly pushing the world into the future, texting with phones has become an everyday past time. As technology has evolved, texting friends and loved ones has done the same.
One of the most damaging crimes that a person is able to go through and usually survive is a sexual abuse offense. The harm done to the person physically heals over times, but the trauma of emotional and psychological injuries may last throughout the entire life of the victim. Often these wounds resurface from time to time with haunting memories and nightmares that force these individuals to recall details they would rather forget.
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years. Mandatory minimum sentences are in effect for these crimes, and the United States Congress has created sentences that keep lengthening.
July 22, 2016 By Law Offices of Edward G. Appel
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a ďdeep-lungĒ breath test is unconstitutional.
July 20, 2016 By Hebets & McCallin
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
July 19, 2016 By CSI Secure Solutions
According to the US Department of Justice, every year there are around 800,000 children who got missing or exploited. (October 2002 report) That's typically 2,185 children being reported missing every day.
Changes in California law have allowed a more lax statute of limitations for sex abuse cases. This permits victims of abuse from a greater amount of time to come forward to accuse their abuser. Their cases may also assist other claims by different victims when the same person has been accused of abuse.
Charges for assault are a common theme in many cities. Though these actions do occur in other areas, law enforcement officers often find assault allegations arise more in areas of condensed populations. Typically, these accusations occur with those in relationships, but assault may occur with other crimes connected. Sexual assault, aggravated assault, assault of a minor and other related crimes all tend to occur in higher numbers in these areas.
In the United States, every criminal defendant is presumed innocent until proven guilty. The case is assessed by a jury of their peers. These jurors may bring in their own experiences, beliefs and prejudices that affect how they vote regarding the defendantís guilt or innocence.
Emotional, psychological and physical issues arise after the acts of sexual assault or rape to most victims. Many different issues may occur, but specific psychological ones may leave an impact on the life of those affected. It is important to know what these problems may be, how to cope with them and how to resolve or repair the damage.
Child pornography is rampant in the online world. The internet is rife with graphic images of every kind imaginable, and many of them are only a click away from downloading or streaming.
Sex crimes in Texas are very serious and harsh punishments are attached to conviction of these crimes. Because of the severity of these crimes and how harshly punishments may be administered, a convicted individual may find himself or herself sentenced to life in prison for some sexual offenses.
Sexual offenses are among some of the most serious charges to be accused of. Often these accusations affect lives negatively even if nothing becomes of them due to the sheer importance behind what a sexual offense is.
Prostitution in New York is defined as engaging in sexual relations with another person for money or services. This includes agreeing to engage in these activities or offering to do so. Typically, this crime is a Class B misdemeanor with a possible maximum of 90 days in jail. These crimes are common in certain areas of the city, and law enforcement agents may sometimes use prostitutes as informants for other crimes.
Sexual contact with another that is offensive is a crime in Colorado. Though these offenses often cover a wide range of actions, they are deemed a lesser offense than sexual assault. With conviction, registration and probation are likely outcomes. Like a few others, these offenses are considered extraordinary risk crimes. These types of crimes have increased sentencing requirements than others in the same class type.
In many states, indecent exposure or offensive revealing of private areas is charged very infrequently. When the crime is committed, it is usually in an area that has the public passing through constantly.
The consenting ages for sexual relations may be stated in a stateís statute. However, sometimes age is only one factor when considering whether statutory rape has occurred. In some states, the parentsí permission can provide necessary consent for underage persons that helps a defendant escape criminal culpability.
Indecent exposure is a crime that is sometimes brought against people suspected of committing lewd behavior. It is important to know what behavior is considered indecent and what exactly exposure entails. When law enforcement officers charge and arrest a person for this behavior, it is essential to know if any crime has actually been committed. Some passers-by may have been unaware there was not actual indecent behavior occurring.
It is essential to choose a defense lawyer that has knowledge in the area of the crime the defendant is accused of. Plea offers should be understood, witnesses should be examined and evidence should be thoroughly reviewed. All matters should be evaluated. How much probation may be sentenced, how a reputation or career may be affected by charges or conviction and how a conviction can affect immigration status should all be deliberated upon before settling on a course of action.
Law enforcement officers often arrest citizens for various reasons in different manners. During the arrest itself, it is important to stay calm, remain peaceful as cuffs are tightened, follow orders to get in the vehicle and ensure all behavior is completed in a composed manner. There is no reason to allow any possible incrimination or potential penalties for negative behavior when being arrested.
July 15, 2016 By SDM Partners Law Firm
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
Athens GA DUI Driver in Felony Homicide by Vehicle Case Highlights High Risk for Recreational Marijuana Users
July 15, 2016 By William C. Head, PC
Because marijuana use requires several days to be eliminated from the user's body, many marijuana users risk Felony Homicide by Vehicle and Felony Serious Injury charges when an accident occurs and blood tests show the mere presence of marijuana or other controlled substance (drug that requires a doctor's prescription). Hundreds of thousands of drivers whose daily recreational marijuana use creates the risk of lengthy state prisons sentences when a fatality occurs when they are driving.
July 15, 2016 By Counsels Law Partners CLP
As a trial advocate, one of the more common questions that I get asked is regarding bail when a convicted person decides to appeal. What happens during that appeal stage with regards to Bail and suspension of sentence is what this article is concerned about.
July 20, 2016 By Torres Law, PLLC
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
Georgia Drivers License - DUI Suspension and How to Protect Your Administrative License Suspension Appeal
July 11, 2016 By William C. Head, PC
Georgia Driver License suspension after a DUI arrest in Georgia - After a DUI arrest in Georgia, the Georgia drivers license of virtually every person taken to jail is confiscated. An out-of-state drivers license can also be confiscated. This seizure of your drivers license is part of the Georgia implied consent law, and a 30-day permit is issued. Not appealing this DUI license suspension within 10 BUSINESS DAYS after arrest, triggers loss of the right to drive in GA for 12 full months.
Many high school students check out campuses in various cities without any notion to discover statistics of certain situations that occur on campuses. They drive down during breaks such as spring break or during the holidays to see what college campuses are like. Becoming members of these universities, new students are completely unaware of negative issues that plague some students. Sexual attacks may occur anywhere.
When a person is accused of a sex crime, those allegations tend to follow the individual socially for many years. The stigma affects every day life, career life and how others perceive the person. When the allegations are proven in court, the personís world is forever changed. If there is any way to prevent these statements from becoming public, it is best to ensure those preventative steps are taken.
Sex crimes are an ever present issue in most states in America including Florida. The many consequences of conviction include registration, potential prison time and loss of custody of children. Most states necessitate registration as a requirement when conviction occurs for these crimes. When a convicted individual fails to register in the area he or she moves to, severe penalties may incur.
Potential charges of child abuse and molestation are severe crimes with potentially devastating consequences. These issues are taken seriously, and investigations are carefully carried out to ensure those suspected are genuinely guilty. Those charged often lose many rights immediately, but parents charged with these crimes may lose all rights as a parent. Harsh punishments await those convicted of these actions, including a lengthy jail sentence.
In many instances, women and men have been charged and convicted of various kinds of prostitution. What may not be known is that the actual issue for many of these crimes is human trafficking. These individuals are often victims, not criminals. Without evidence of the culprit of these crimes, it is all too common for the responsible party to get away.
Sexual offenses are often a complication and problem for law enforcement. These cases bog down the legal world for judges and lawyers in many states. Illinois has enacted the 730 ILCS 150/2 B act that requires that someone who has been convicted of a sex crime be registered as a sex offender. Because of this act, anyone in this state defined as a sex offender must register with local authorities of whichever county or city he or she resides.
Charges of taking indecent liberties with an underage child in Virginia are considered targeting these children with sexual acts. Often, these offensive acts are performed by an adult towards an underage child about fifteen years and below. These acts are also considered offensive and indecent when an adult participates in acts creating pornographic images or video with anyone under eighteen years of age.
Registration is mandatory in many states including Colorado for convicted sex offenders. The criminal justice system in this state finds this component of justice important and various penalties arise when registration is not completed by those convicted of these crimes. Registering as a sexual criminal often affects the personís ability to find or keep a job and livable housing. It may also impact other areas of these individualsí lives substantially.
United States law enforcement departments receive around 80,000 accounts of sexual abuse involving children every year. According to the American Academy of Child and Adolescent Psychiatry, this amount is an understated number of how prevalent this problem really is. More children are afraid of communicating when abused. Children often believe that telling someone about the use will make it worse or seem more real. Additionally, other potential psychological aspects may be at play.
Various cases in the media call attention to the statutes of limitations involving cases of rape. Should these cases have limitations is a question often considered. Several factors are often observed when these limitations are determined and each state fixes these restrictions in place after examining all factors.