Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
Each year, U.S. police departments receive as many as 80,000 reports of sexual abuse against children. However, the American Academy of Child & Adolescent Psychiatry reports that this number is an underestimate. Many children who are abused are afraid to tell anyone what has happened.
By APC Law Firm
Today the world is steadily moving to international globalization through constant economic, political, cultural and legal integration.
You may have seen people with ankle monitors, or heard of those who get home detention as a sentence, but who actually qualifies for alternative sentencing and how does it work?
If you get a DUI in Colorado, there is a good chance you will have to deal with an ignition interlock device. An interlock is the common name for car breathalyzer, a device that is required to be placed in vehicles for a period of time owned by those who have been accused of driving with a blood alcohol content (BAC) of .08 or higher, refusing to submit to a chemical test, or drivers convicted of DUI.
A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.
While individuals do lose many rights when they are imprisoned, this does not mean that they lose all jails. Since jails and prisons are the custodians of these individuals, they have many responsibilities to these individuals’ welfare.
For many people underage drinking is thought of as a youthful indiscretion that is just a fact of life, but Georgia law takes it very seriously. The Centers for Disease Control and Prevention have compiled statistics suggesting that over two-thirds of high school senior have already tried alcohol, and almost 40 percent drink regularly; of course, underage drinking is also common at the University of Georgia.
All too frequently, people ask us what types of conditions may be imposed by the Court as a condition of probation. Trial courts in Georgia criminal cases are vested with broad discretion to impose conditions of probation that it sees fit to address issues with a particular defendant.
First offender Programs are alternative sentencing program that take into consideration the negative consequences associated with a criminal history. They often allow a person who has committed a crime a preferable alternative to the normal conviction process, provided that the individual completes certain requirements.
While people laugh at celebrity mugshots and may even peruse local ones for amusement, mugshots can be extremely embarrassing to the individuals portrayed. Quite often, a mugshot is considered public information. However, there are some instances in which a person can have a mugshot removed.
Many issues come up when someone is faced with a DUI but when you are not a permanent citizen, one of the biggest fears is deportation.
As the landscape of marijuana legalization changes, the many related laws evolve accordingly. An Oregon court recently ruled that the smell of marijuana smoke cannot be considered inherently offensive.
The basic legal framework concerning the liability of business entities for corrupt practices in Greece.
Is DNA really the smoking gun that the media and police make it out to be? It certainly isn't in light of some of the recent cases of DNA pointing the finger at the wrong person. The so called “gold standard” in forensic evidence isn't as golden as we are led to believe. A smart criminal defense lawyer knows this and will use this to help his client.
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.
Witnesses including parties to the case provide testimony to the court that the judge and jury consider. When witnesses testify to the court, they do so under oath. They also do so under the risk of facing criminal charges if they lie to the court. There are steps that another person can take whether a party or an observer to inform the court of lies.
While many people are familiar with the term DUI, meaning driving under the influence, this term is usually associated with alcohol. However, states also have additional laws or utilize the same laws as those pertaining to alcohol-related charges as those pertaining to driving under the influence of drugs. In states that have additional laws, these are sometimes abbreviated as DUID for “driving under the influence of drugs.”
Driving under the influence of drugs may be incorporated as an independent statute or may be treated the same as driving under the influence of alcohol, depending on state law. In either event, a conviction for driving under the influence can carry significant consequences.
Probation may be a part of the punishment given to you after being convicted of a crime in the state of Florida. It is important to understand that when you have been placed on probation during the sentencing process, you need to comply with all of the conditions outlined by the court. If you violate your probation terms and conditions, you could find yourself in even bigger trouble than before.
We’ve watched the scene unfold on television before, a couple discusses their pending legal doom, things are bleak, then somehow they realize they can’t be forced to testify against one another, and suddenly, there is hope these troubles can be averted.
If the prosecutor violates your right to a speedy trial, then the case should be dismissed. Your right to a speedy trial means the state must bring you to trial within the time limits proscribed in the Ohio Revised Code. For a first or second degree misdemeanor charge in Ohio, the case must be tried within 90 days unless you waive your right to a speedy trial.
In many drug cases in Ohio, law enforcement officers use a confidential informant, also known as a CI. The confidential informant is often facing his or her own criminal charges. Law enforcement officers will negotiate with the confidential information, sometimes through the informant’s criminal defense attorney, for cooperation in setting up another person.
Carrying a large amount of cash is risky. The fear of theft or losing the money is palpable, but new, unlikely culprits have emerged — culprits with a badge and a gun.
While many individuals ask for a second opinion after receiving a medical diagnosis, these same individuals feel hesitant to do so in a legal case. However, individuals are usually entitled to seek the advice of an attorney of their choice in order to receive a second opinion or other legal counsel.
Exercise Your Right To Remain Silent. Generally when the police contact an individual who is suspected of a crime, whether or not the subject of that investigation has committed a crime or not, the best advice for that subject is to remain silent.
The Colorado state legislature recently passed a bill that is sitting on the governor’s desk waiting his signature.
This article provides a general overview of Florida's 10-20-Life statute. 10-20-Life operates to enhance the penalties of those offenders to who use weapons and, more specifically, firearms during the commission or attempted commission of certain felony offenses.
The act of bullying has been around for as long as anyone cares to remember.
Arrest records contain information about a person who is arrested and the incident that led to the arrest. They also sometimes describe the victim of the crime. Whether they are public record depends on state law and the circumstances surrounding the arrest.
Virtually any time you are stopped and investigated for suspicion of DUI, the officer is going to ask you if you would be willing to perform Standard Field Sobriety Tests, otherwise known as Roadside Maneuvers.
On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.
Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.
Being accused of child abuse can be distressing for a parent, especially when it could not be further from the truth. Even if a criminal investigation clears the parent from any suspicion, the damage to the parent’s reputation may continue to linger. However, in the majority of cases, the wrongfully accused parent does not have the right to sue or receive financial recovery from a doctor who makes a report of child abuse that later turns out to be false.
Not long ago the Internet blew up over the killing of Cecil the lion, a 13-year-old lion living in a Zimbabwean preserve, by an American dentist named Walter Palmer.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.
Texas has more fatal car accidents involving alcohol than any other state. An approach focused on punishment and not education has not been effective in reducing the statistics.
Filing a false police report is a crime under federal and state laws. However, the elements necessary to prove this crime and the severity of it vary by jurisdiction.
The short answer at this point is no. While an initiative was introduced earlier this year to permit public smoking in certain areas, activists just announced they are pulling the initiative from the ballot and seeking a more collaborative effort between themselves and local businesses in Denver.
A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.
In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
The city of Denver has completed a six month study concerning the use of body cameras on police and they have created and released a draft policy to the public.
The sexual assault allegations against Bill Cosby have focused attention on statutes of limitations for cases involving rape, and whether or not they should exist at all.
Many people have experienced this situation: in a hotly contested legal dispute, a witness lies on the stand to help out the other side. As a litigant, this can be one of the most frustrating experiences imaginable, and can literally destroy an otherwise solid case. So, is there any legal recourse against the witness that commits the perjury?
When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.
The recent case of a three year old Broward County, Florida boy, has brought national attention to the flaws throughout the countries child protection services. In this tragic recent case, the body of a three year old child was found dead in the laundry room of his father’s house with his body covered in bruises and cuts, reflecting long term abuse of this child.
Cameras are always rolling in Hollywood, and recently they captured real-life drama between two motorists.
The Amber Alert System was created in 1996 after the abduction of nine-year-old Amber Hagerman in Texas.
How to choose a reliable Chinese supplier in international trade business, for foreign merchants.
Family law cases can often be emotionally straining. Sometimes, one parent is given primary custody at the objection of the other parent. The non-custodial parent may attempt to become the primary custodian by removing the child from the state or country, making it more difficult for the other parent to find him or her and to enforce the order.
Parole is a complex system in the penal system that allows convicted prisoners to start a new life with supervision. Historically, the term parole meant by voice or by your word, and that is exactly what it is today. A person on parole is still serving their sentence, but they are allowed to live on the outside, provided they follow specific rules. The rules for parole change from state to state, behavior of the inmate, and the severity of the charge.
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.
What Can Interfere with Breath Testing?
Today it is not a secret that the "raider / unlawful seizures" have become the norm and rather the rule of doing business than the exception to the rule, and both domestic enterprises and large foreign investors are suffering from unlawful seizures. What can be attributed to the notion of "raider seizure". Raider seizure - unlawful seizure of real estate, corporate law, intellectual property by other economic entities, physical entities and public authorities.
The simplest drug crime is possession of a controlled substance, like marijuana. In order to convict, a prosecutor must show that the accused did more than just touch the drug. One conviction was reversed when the defendant said that he had touched the heroin only long enough to throw it away. He had found it in a friend's pocket before taking him for emergency medical treatment.
A new bill has been introduced to end forfeiture funding of the DEA’s Marijuana Suppression programs. The bill is a bipartisan effort to modify was has become a widely abused system of asset forfeiture from innocent citizens, who in many cases have not even been charged with any crimes.
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected. When this happens, what can you do to get your pesky house guest to leave? Does the law offer any solutions?
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
An overview of the current legal framework regarding bribery and anti-corruption in Yemen followed by a discussion of the practical implications of the framework with respect to the payment of facilitating payments. Criminal code No. 12 of 1994 is a general Law addressing all matter related to crime and punishment. A more specific Law addressing bribery and anti corruption was issued in 2006, namely the Anti Corruption Law.
If a person commits certain sexual crimes in North Carolina, his or her name can be added to a sex offender registry. Being added to this list requires the convicted individual to register his or her name, address and other information so that his or her whereabouts are known by the public and law enforcement.
Some auto dealerships have developed a bad reputation for committing fraudulent acts or attempting to trick their customers into making purchases that include hidden provisions. Auto dealerships must comply with a number of state and federal laws pertaining to entering into sales contracts with buyers.
Through a simple arithmetic error or forgetting to jot down a check that you sent, you may wind up being criminally prosecuted and paying hefty fines. A bad check is one in which there are insufficient funds in order to cover the amount of the check. It can also be because the check is written on an account that no longer exists.
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.
Much of my practice deals with defending individuals who import methamphetamine into the United States. Anyone who has practiced federal criminal law knows that the penalties are daunting. In many case a defendant would receive less time for attempting to escape and running over and seriously injuring a custom’s agent than for the charge of importation of methamphetamine.
When a law enforcement officer helps to influence an individual to attempt to commit a crime, the criminal defendant may wonder if the officer’s conduct rose to entrapment. If entrapment was involved in a case, the criminal defendant may raise entrapment as a defense to the criminal charges.
That past legislative session, the Texas legislature made change to the eligibility requirements for Texas' Veterans Courts, introducing more discretion into the process. These courts are an important part of taking care of the veterans support our freedom by providing a diversion and treatment program.
When a person is arrested for shoplifting in Texas, some retailers are send civil demand notices as well, requesting civil payment of anywhere from $250 to $500 dollars. This is based on Texas Theft Liability Act.
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.
A California criminal defense attorney explains prostitution laws and how you can fight the charges. Learn more about prostitution defenses here.
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.
Many people may be hesitant to involve law enforcement in their daily lives. However, there are certain times when the police should be called to help protect citizens and their rights.
"You are under arrest!" Will these words ever be directed at you or a loved one? Some criminal arrests are for the types of crime you see on TV. However, a number of arrests are made to maintain public order for DUI, disorderly conduct, and family disputes. It is with these types of trouble that the normally law-abiding citizen is most often involved. If you find yourself the object of a policeman's orders, be aware of the policeman's latitude, as well as of your own legal rights and duties.
Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.
Courts sometimes order restitution in order to provide victims of crimes with compensation. Although state law may vary, generally restitution does not have a statute of limitations.
Question: What can I do if someone kicked in my door, stole my property, took over and the sheriff did not help me?
Question: My father was arrested for a money laundering case. I learned this through his colleagues. It has been about 21 days and we do not know where he is. What can we do?
When a person is being charged with the commission of a federal crime, he or she usually goes through a federal arraignment process. There are specific guidelines regarding the individual’s rights and the procedures that the court must follow.
Federal restitution may be ordered after a person has committed a crime and the court wishes to compensate the victim for this crime. Based on current law, federal restitution orders not expire until they have been repaid in full. Generally, federal restitution cannot be discharged with bankruptcy.
When individuals are facing a conviction of a criminal charge, they usually are told by their attorney that they have two choices. They can either plead guilty or go to trial. There are certain risks inherent in making either decisions.
A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.
When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. The risks of being found guilty by a judge or jury are substantial, causing some innocent people to plead guilty in order to avoid them. A criminal defense lawyer can discuss the pros and cons of each option, but it is ultimately up to the criminal defendant to make this critical decision.
Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals
This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.
Financial or white collar crimes typically involve some form of deceit, maneuver or the abuse of a position of trust. It involve activities that defraud people of their money which affect private individuals, companies, organizations and nations.
This is a list of emails and phone numbers from scammers who contacted HG.org.
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.
Manslaughter, albeit a lesser crime than murder, is a criminal offense; whereas a true self-defense killing is not a crime.
Hg.org offers a free lead service to the lawyers and law firms listed on its directories. Sometimes we receive emails from scammers such as the "Alice Swang" email below.
With many states jumping on the marijuana legalizationn bandwagon, whether it be for medical or recreational use, “legalization” and “decriminalization” are two words often used interchangeably, although they have different meanings under the eyes of the law.
Just like you wouldn’t visit a podiatrist to treat an ear infection, you shouldn’t go to a tax attorney if you want to sue the driver who rear-ended your car. There are many areas of law and a lot of different types of lawyers who deal with them. When your freedom is on the line, it’s important to seek the correct representation.
Hot checks cost the local and national economy millions of dollars in lost funds that were due for goods and services from individuals and businesses. In response to this epidemic, states across the country have enacted strict hot check laws that are meant to punish the individual who writes worthless checks.
Anyone arrested for a drug case is always concerned about possible consequences and how the case may be defended.
Following the shooting of a civilian by a police officer and the subsequent riots in Ferguson, Missouri last year, many police departments are instituting the use of body cameras by patrol officers across the United States.
“Aggravated speeding” is a relatively new criminal offense in Illinois. It is classified as a class B misdemeanor if the speed is between 26 – 35 mph in excess of the posted speed limit and classified as a class A misdemeanor if the speed exceeds 35 mph over the posted limit.
Which criminal offenses require registration as a sex offender?
Limiting the admissibility of personal vouching by law enforcement during criminal interviews and case law that supports such limits is discussed is discussed in this article. Vouching by law enforcement as to their abilities is not uncommon, and it must be guarded against.
With the Presidential election just around the corner, candidates find themselves having to address the current problems in our nation’s criminal justice system.
Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected.
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.
DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.