Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
Firearms are associated with a right to carry in the United States with the belief that every person should be allowed one in his or her home. When the purchase process is legal, it usually requires an individual to complete an application, wait a period of time and then become permitted to own and use a firearm.
The supply and transporting of illicit substances are growing issues within the world since the war on drugs failed. Criminals purchase drugs from one place where they are cheaply bought or grown and sell them in another at a higher price to provide thousands of drug users each year.
Crimes of slavery have been perpetuated for hundreds of years in one form or another. Throughout history, these crimes have been accompanied by physical violence and oppression. As times have changed, slavery in its pure form was abolished through most of the world in the form of various laws or treaties.
Kidnapping is the instance when someone abducts another person for various reasons. The abductor often takes the victim to a remote or far-away place to ensure the person taken is not easily recognized or able to get away.
The taking or attempting to take something of any value through the use of force, threats of force or through intimidating and fear has been determined to be a robbery by most states. It has also been defined through the removal of someoneís property or belongings with the intention of permanently depriving the owner of the property or belongings.
Crimes of theft have been around for hundreds of years to include the greater crimes of stealing large or expensive property and possessions. However, laws have become harsh when expensive vehicles are stolen by alleged thieves.
Abduction and kidnapping cases often go hand in hand. In most cases, abduction is considered to be the illegal holding or transporting of a person without consent and against his or her will. Most instances of this crime include force, threats against the victim, intimidating the person usually through proposed violence or through words or some sort of deception.
Most states have laws regarding kidnapping as a criminal act. The victim is taken and transported usually to a great distance away from his or her original location, often crossing state lines in the process to impede a criminal investigation.
The goal of the New Jersey Division of Child Protection and Permanency (DCPP) is to protect children from abuse and neglect and work to provide a safe and stable home environment.
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In the years after 2000, marijuana has been considered less of an illicit substance and more of a common drug found everywhere. Healthcare professionals have found many individuals use it to soothe pain with medical problems. The medical aspect of the drug has become so widespread that several states have attempted to legalize the drug for at least medicinal purposes.
Some drivers journey from one place to another with only short jaunts and may forget to bring a driverís license. Others have had their licenses suspended after facing other traffic crimes such as too many speeding tickets or driving under the influence.
Drug addiction is rampant among Americans of all ages and backgrounds. For decades, the war on drugs has failed to eradicate this issue. These substances have overtaken lives to the point friends and family no longer recognize who these addicted individuals are any longer.
Penalties for drug charges are extremely severe for those convicted of these crimes. Starting in 2014, acts have been proposed to provide a reduction in consequences for these crimes as well as a retroactive allowance for those convicted from the point the acts were proposed originally. These acts are to update the minimum sentencing to keep with the years as laws and sentencing shift and change.
The issue with theft has dropped throughout the United States as the economy improves, but major thefts are still an issue. The Federal Bureau of Investigation has been committed to the various major thefts of art, gems, retail and other types of greater robbery. Through their efforts, many heists have been foiled.
Many families have access to drugs lying around the house from previous prescriptions that were not completely used. In many situations, one person or another in the family may give these drugs to another person even if he or she does not have that prescription or may require a different dose.
The punishments for possession, distribution and the manufacture of drugs are often harsh and severe. When multiple counts are applied to a personís case, he or she may see life behind bars. Combine violence with these crimes, and the person may face other penalties often more severe than if violent acts were not added to the charges.
Many drivers have purchased and installed radar detectors in many states. The question of legality has risen at different points in time, and some states have created stipulations regarding these devices. For those that have these legally, the question remains how long until they are outlawed entirely.
White collar crimes are committed every year. Sometimes the perpetrator is discovered. Other times, such actions go undetected. In other cases, the defendant may be targeted by someone who actually committed the crime and is trying to avoid detection.
The term ďwhite collar crimeĒ is typically used to describe illegal actions that are not violent in nature. Typically, these behaviors are motivated by financial gain with the intent to deceive in order to acquire funds that do not rightly belong to the perpetrator.
Money laundering regards the financial transactions in which individuals participating in criminal activity try to disguise the proceeds or sources from these transactions. For example, a person may attempt to hide drug dealing money by investing in a business.
White collar crimes vary in their severity and application. They may include nonviolent crimes like antitrust violations to complicated money laundering schemes. In some cases, aggressive and ambitious law enforcement officers and prosecutors attempt to crack down on white collar offenses through special programs targeted at this demographic.
Many people are charged with white collar crimes every year. They often have a number of questions about a charge of this nature, including:
A white collar crime is a crime that is often committed by a professional that involves some type of fraud or deception that results in financial gain to the perpetrator or others. White collar crimes are serious offenses that must be taken seriously. It is important to contact a lawyer as soon in the process as possible to help protect the defendantís rights. Being aware of white collar crimes and their implications can aid in the defense.
White collar crimes are becoming increasingly common due to the technology that exists and makes it easier for individuals to get a hold of other peopleís personal identifying information. Given the expanse of white collar crimes, it is likely that you know someone who has been affected by a white collar crime. These crimes range from identity theft to fraud.
When someone commits a crime in which a weapon is involved, he or she may be subject to an additional penalty. Because weapons have the easier ability to cause bodily harm or death, law enforcement takes a firm stance against weapons by punishing criminal defendants more severely.
The Second Amendment to the United States Constitution provides citizens with the right to bear arms. They often exercise this right by keeping a gun or several guns in the home for protection. However, this can be a dangerous scenario, especially when children are present.
Identity theft is a serious crime that results in serious consequences. Identity theft cases continue to increase as new technological advancements make it easier for people to pretend to be someone else.
The Confrontation Clause of the Sixth Amendment to the United States Constitution gives a defendant the right to confront his or her accuser. This includes any witnesses who speak out against him. The interpretation of this right has changed over time.
Many traffic violations may cause the suspension of a driverís license. When multiple crimes have been accumulated, when some violations have not been resolved and other similar situations, the state licensing agency often suspends the personís license as punishment.