Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
Many individuals are hesitant to appear in court out of fear or a lack of familiarity with the court system. There are several ways that you can get the testimony that you need to assist you in your civil or criminal case.
A DUI charge (called "OVI" in Ohio) is a serious offense. Although charged as a first degree misdemeanor, a first DUI conviction in Ohio includes mandatory penalties, including three days in jail, high fines, and a license suspension for up to three years.
New law permits DWI defendants to drive after having the machine installed. NJ Senate on February 5 voted 29-4 to change the DWI Law to require a car interlock device. Senate Bill No. 385 is now being submitted to the Governor for signature. The Assembly approved the bill in June, 2014.
Assault and aggravated assault charges in Florida differ based on a variety of factors, including if a deadly weapon was involved in the offense and who is the alleged victim. Assault generally is a misdemeanor with possible jail time, but aggravated assault is a felony offense with harsher penalties.
Possession of prescription drugs without a prescription and/or obtaining them by fraud crimes are rapidly becoming some of the most frequently charged felonies and misdemeanors in Okaloosa County.
In some situations, an arrest may be made after information is provided by an anonymous tip or through the use of a confidential informant. However, the standard is different for the reliability of information derived from these sources in order for a law enforcement officer to establish probable cause.
The rape trial of two Vanderbilt ex-football players has brought national attention to the growing epidemic of sexual assault on college campuses.
Under New Jersey’s social host liability laws, people who serve alcohol to guests in their homes are liable for any injuries that a guest may cause if they become intoxicated.
A 23 year old Pine Beach police officer has been suspended without pay, arrested for drunk driving, and could face criminal charges for a shooting incident that occurred shortly before 6:00 am on Friday, January 16, 2015 in Lacey Township, NJ. The Ocean County Prosecutor’s Office is investigating the shooting and has indicated that the shooting may have been accidental.
Women addicted to drugs are faced with very few options towards sobriety upon learning they are pregnant. With no inpatient facilities in the State of New Jersey that will accept pregnant women addicted to drugs, it is more often than not recommended by their health care professional that they engage in a methadone treatment based recovery program during their pregnancy.
For those states that have a statute of limitations for rape, some period between three to thirty years is common. However, not all states have a statute of limitations for rape and others have exceptions to their own statutes.
The terms “probable cause” and “reasonable suspicion” are sometimes used interchangeably. However, these are two different standards, with reasonable suspicion being the less exacting standard. Reasonable suspicion is all that is required for a law enforcement officer to conduct an investigatory traffic stop.
Individuals who are involved in an automotive accident may react negatively due to fear, confusion or guilt. This is especially true if the person is driving without a valid license, was drinking and driving or otherwise feels culpable for the accident. However, leaving the scene of an accident can have several negative consequences.
Over the recent past both police departments nationally as well as the Denver police department have been increasingly in the public eye for what many would characterize as a disproportionate use of force.
The criminal justice system can be harsh, but some states allow juveniles to face relaxed penalties. In Alabama, a person younger than 21 years old facing criminal charges can seek a youthful offender status. This could mean fewer penalties and the possibility of having a clean criminal record.
Alcohol has been shown to be one of the leading causes of fatal car accidents; around 58% of drivers involved in fatal crashes were found to be driving under the influence of alcohol in a research review article. An article written by Michael Sayette and colleagues in Psychological Science, suggests a factor contributing to the commonality of DUI arrests: mind wandering.
Searching for, viewing and downloading adult pornography is not illegal. But, there is a problem when sexually explicit images of children sneak into group of otherwise legal images during a bulk download. No matter how you receive it, even if accidentally, possession of child pornography is illegal.
While several Latin American countries have vowed to combat corrupt practices and have enacted legislation to formalise their intentions, meaningful change requires active enforcement as well as the political will and sacrifice to exact it.
Fraud is defined as taking or gaining from another, property, money, vouchers or anything of value by deception or lying or trickery which is supported by verbal means or written documents, causing the victim to rely on the same to willingly handover or something of value from himself to the person committing the fraud.
Because courts and legislators recognize that minors sometimes lack judgment skills and may have indiscretions in their youth, juveniles are sometimes permitted to seal criminal juvenile records. By sealing or expunging their records, juveniles may be able to get a fresh start when they become adults.
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by agents of the government. This does not mean that individuals are free from all searches and seizures, but only that they are protected from “unreasonable” ones.
While many people associate the Fifth Amendment with not incriminating themselves, there are other important aspects of this Amendment to the United States Constitution. This Amendment provides a number of important rights.
A summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to notify him or her that he or she is being sued. In some instances, the summons may specify a specific court date, but in others, it does not.
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.
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.
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.