Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
A practitioner must always be cognizant of the possibility of a defendant's Grand Jury testimony being used at trial. This article explains how it is that this can happen.
By CTM Avvocati
Italian law on corporate liability in Italy is more and more being used as a powerful tool to involve corporations in criminal proceedings in order to push them towards a new culture of ethical corporate governance. In this article Marco Cozza outlines the legal framework and considers its likely impact on companies, top executives and shareholders.
So I am going to be sentenced...what should I do?
You’re driving along, minding your own business, when suddenly you see flashing lights in your rear-view mirror. Your stomach sinks and your heart beats faster as you tick through the possible reasons for the stop. No matter the situation, it is never good news. Wouldn’t it be nice to minimize the chances of being stopped in the first place? Here are 5 easy tips to dramatically decrease the chances of being stopped by the police.
We have recently blogged about the tragic DUI fatality case in which Ever Olivos-Gutierrez has been accused of driving drunk and killing Juan Carlos Dominguez-Palomino, a 17 year old boy. Olivos-Gutierrez is an illegal immigrant with several prior DUI and Driving Under Suspension convictions. His blood alcohol content was 4 times above the legal limit, and he attempted to flee the scene after the collision.
FBAR and FATCA are two important abbreviations for those who have overseas financial interests. Failure to file the FBAR report, in view of the IRS’s continuing application of FATCA, can get you into what old military veterans used to call FUBAR.
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.
Tax cases are document-intensive cases. As any white-collar criminal defense attorney knows all too well, summonses and grand jury subpoenas routinely seek documents. And there is a good reason why. If the government cannot get the requested documents, it often cannot make a case. It is for this reason that the seminal issue in document production cases is whether the taxpayer has a Fifth Amendment privilege with respect to documents that he possesses.
Most clients ask me, after being arrested (or questioned by law enforcement about the commission of a crime), what they can expect next. What follows is a brief overview of the process by which cases are prosecuted in Pinellas, Hillsborough, and Pasco Counties, Florida.
Recently we posted a story about how Colorado has chosen to regulate its now legal edible marijuana industry. Alongside gourmet goodies are the issues of safety and protection of consumers. Starting in June all edible marijuana goods must contain less than 100mg of THC. Meanwhile, just a few states away in Texas, a 19 year old caught with hash brownies faces a potential life sentence. What a difference a few hundred miles can make.
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.
Mistakes foreigners make in Egypt when theft has happened to them.
Foreigners in Egypt often have to deal with unpleasant situations, from minor annoyances like stolen change to serious instances like vehicle thefts, beatings and perhaps even real threats to life. In most, if not all cases, an international lawyer should be involved immediately. It’s not because some Egyptians (i.e., criminals in Egypt) have a rather vague notion of ‘just’ and ‘right’, but rather so that you always know how to come out on top of a situation and are protected at every step.
Peer-to-peer networks are commonly used in child pornography investigations. It's important to understand what they are and how they are searched. From a defense standpoint, it is important to understand whether the accused was knowledgeable about the network's settings as that can impact the charges filed.
The United States Sentencing Commission recently released its 2014 first quarter report. The report indicates a continuing trend regarding child pornography sentences.
United States v. Tweel is the most famous example of a motion to suppress in a tax case. In Tweel, the Fifth Circuit Court of Appeals held that it constitutes trickery, fraud, and deceit for the IRS to conduct a criminal investigation under the guise of a civil examination. Because of how fact-sensitive the holding of this case is, a recitation of the facts is necessary.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.
A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse charges.
Theft occurs when immovable property is involuntarily handed over to another person and he, knowingly retains it. As for all crimes, it needs the presence of mens rea and actus rea.
Californian criminal defense is a complex field, involving numerous state and federal statuses, as well as other regulations. Thereby, if you happen to need a criminal defense, it’s imperative to make an informed decision when choosing an expert attorney.
Currently serving as the state Representative for the 49th District in the Texas House, Elliot Naishtat made his seventh attempt at bringing medical marijuana to the lone star state earlier this week. While the proposed bill does not suggest legalization of medicinal or recreational marijuana, it could offer an alternative to criminal charges for certain users.
Since legalizing, Colorado’s marijuana industry has grown up over night with plenty of potential for growers and sellers. Everyone is looking for a piece of the proverbial pot pie, even the bakers and chefs.
Do you know what are your rights if you are related into some crime or illegal things in China? You may know what you can do in USA, but here in China things are totally different.
Law That May Reduce Tax Evasion Goes Into Effect On July 1 The Foreign Account Tax Compliance Act (FATCA) became law in the United States in 2010, but the clock is still ticking on its implementation. The clock will stop ticking on July 1, 2014.
Contrary to popular belief, the IRS doesn’t want to throw you in jail. Criminal investigations consume a lot of resources, take time, and are expensive. For most taxpayers, a criminal investigation isn’t a first step, but rather the last step in a lengthy process to get you to resolve your tax debt. In other words, it’s rare that an agent will show up on your doorstep one day with cuffs in hand.
Nominated for the Supreme Court in 1975 by President Gerald Ford, when Justice Stevens retired in June 2010 he was the third longest-serving judge in United States history. Justice Stevens was born on April 20, 1920 and to call him an old-timer would not be an understatement.
It should come as no surprise that the IRS has authority to assess FBAR civil penalties. However, what might come as a surprise is that an FBAR violation doesn’t automatically mean that a penalty will be asserted. Why not?
United States citizens, residents and other persons must annually report their direct or indirect financial interest in, or signature authority over, a financial account that is maintained with a financial institution located in a foreign country if, for any calendar year, the aggregate value of all foreign accounts exceeded $ 10,000 at any time during the year.
Nothing can ruin a great vacation in sunny Florida like getting arrested for a DUI offense. What happens when you are arrested out of your home state for a DUI and what can you do about it? Here's how you can do everything you can to make sure what happens in Florida doesn't come back to haunt you in the future.
When discussing domestic and aggravated battery, there are a few things to consider. First, what is considered battery?
Wherever you have been for the past year, the issue of Florida's “Stand Your Ground” law has been a hot topic all around the country.
As the experiment of Colorado’s marijuana legalization continues, lawmakers and courts are churning out laws to help the industry along. Recently, the Colorado Supreme Court adopted a new comment to Colo. RPC 1.2 which allows attorneys to provide legal services to clients involved in the state authorized medical and recreational marijuana industry. The new comment provides that:
Law enforcement and financial regulators everywhere are on the lookout for money laundering. Big corporations and financial institutions hire compliance experts, and those experts cooperate fully rather than face huge fines and penalties.
Driving under the influence of alcohol cases aren’t to be taken lightly. Countless consequences come with being convicted of a DUI. One of those is having your license suspended.
As states like Colorado and Washington, along with twenty-one other states and the District of Columbia continue to address issues surrounding the legalization of recreational or medicinal marijuana, there seems to be a large discrepancy among the states regarding what constitutes driving under the influence. Utilizing the courts, instead of the legislature, Arizona recently ruled on the issue of marijuana impairment, pleasing many advocates.
Many people wonder about sealing a juvenile record, especially when they did something that they regret when they were younger. Just like any type of criminal conviction, it could end up making it difficult to move forward in the future.
Missing your court date isn’t exactly the smartest thing to do. Depending on the reason for court, there might be a variety of options for you. If you accidentally miss your hearing, you could be charged with failure to appear.
Plea bargains are agreements between the state where the defendant plead guilty and the defendant in exchange for certain types of benefits. More than 95 percent of all criminal cases are solved this way.
The rising stock market has also broadened the appeal of certain investments such as variable universal life and indexed universal life insurance policies that are linked to stock performance.
A Los Angeles area insurance agent accused of defrauding senior citizens will spend five years in jail and was ordered by the court to pay $1.2 million to compensate his victims.
The most common white-collar offenses run the gamut of nonviolent crimes from antitrust violations to money laundering. The FBI estimates that white-collar crime costs the United States more than $300 billion annually. These estimates do not take into account cases where aggressive and ambitious prosecutors snare an unwary person, who eventually pleads guilty in the face of intimidation and threats. Then there is the plethora of regulations where ignorant noncompliance is, nevertheless, a crime.
In 2010 President Obama signed P.L. 111-147, the Hiring Incentives to Restore Employment Act. The purpose of the law is in its eponymous title, but the IRS got into the act with the Foreign Account Tax Compliance Act (FATCA) provisions.
Ordinarily, the United States taxes U.S. citizens and resident aliens on their worldwide income, even when they live and work abroad for an extended period of time. To provide some relief, a U.S. citizen or resident who meets certain requirements can elect to exclude from U.S. taxation a limited amount of foreign earned income plus a housing cost amount. A double tax benefit is not allowed, however, and a taxpayer cannot claim a credit for foreign income taxes related to excluded income.
If you believe the conventional wisdom, when you are stopped by the police and placed under arrest for driving under the influence, you have already been found guilty. You are not guilty, and the state has a heavier burden of proof than you might imagine.
Now serving in his sixth year of presidency, President Obama issued his 10th commutation on a prison term sentence for a man convicted on a marijuana charge. However, this is not the president’s way of giving other individuals serving time for marijuana charges a get out of jail free card.
In 1970, the Controlled Substances Act banned the cultivation of industrial hemp, but that didn’t negate the American manufacturer’s need for the fiber. Currently, the industrial hemp market in the US is a $500 million industry, which consists entirely of imported hemp goods from China, Europe and Canada.
The law in Colorado offers an incentive to certain drivers who have been determined by the Colorado Department of Revenue to have been driving under the influence of alcohol, with a test revealing a blood alcohol content (BAC) of 0.08 or higher at the time of the offense, to receive an early reinstatement of their driver’s license when they agree to install an “ignition interlock device” on their vehicle.
Under Colorado law, driving a motor vehicle is considered a privilege and not a right. This means an individual’s privilege to drive may be taken away for a period of time by the Colorado Department of Revenue – Division of Motor Vehicles (DMV) through an administrative determination.
Embezzlement is typically seen at public sector however it has been a general issue in private sector as well and it may be a risk factor that causes serious financial loss.
Bid rigging is mostly a current issue at public institutions however it has become widely encountered at public sector as well ant it surely causes serious financial damage.
Criminals are utilizing their Internet connection to file false tax returns that help them steal refunds from the innocent. In 2013, fraudulent returns saw almost $4 billion sent into the hands of scam artists. Making things worse is the fact that the Internal Revenue Service is having a hard time stopping the fraud from happening in the first place.
There’s been a lot of debate from both sides of the aisle regarding whether the legalization of marijuana in states like Colorado and Washington has been worth it in terms of decreasing violence and protecting the public. The initial cries from some law enforcement groups and anti-legalizers claimed that Colorado and Washington would fall into collapse and both states would be reduced to a citizenship of munchie-fiending couch potatoes who simultaneously commit random acts of violence.
An arrest for a misdemeanor must be based on the officer usually watching the crime take place. However, there are examples of exceptions.
Marijuana wasn’t always illegal. Like most substances now considered unlawful and highly dangerous, there was once a time when cocaine, heroin and marijuana could all be purchased over the counter at your local pharmacy.
Where the client’s identity is not an issue or the client agrees to stipulate to his identity as the suspect, waiving the client’s appearance at trial may be viable. This may be true because the case is an extremely minor misdemeanor and thus the punishment is relatively minimal. This may also be smart when the client does not make a good appearance.
With SXSW in March, Austin City Limits in September and a whole bevy of smaller festivals in between, Texas is no stranger to large music festivals. For different people, festivals mean different things; some come for the bands, some for good times with friends, and some for the drugs.
Going to prison should not mean the end of someone’s potential. However, upon re-entering society, many released prisoners find fewer opportunities than when they entered the prison system.
Quick, who’s the top white collar criminal of all time? If you said, “Bernie Madoff” you’d be wrong, at least as far as sentences go. You wouldn’t be too far off—Mr. Madoff’s 150-year-sentence is impressive, but he only ranks fifth in the list of sentences imposed on high-dollar scammers. Here’s the list of the five most notorious “businessmen” of all time, beginning with that fifth-place notable crook:
The Bureau of Justice Statistics estimates that more than 216,000 people are sexually abused in the US detention system every year. Although there is sufficient proof to believe that the abuse rate against immigrants is much higher than previously thought, there are no such comprehensive reports detailing each case.
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver. He did not have a valid license. Police say he had been drinking and ran a red light. His vehicle collided with a Chevrolet Camero driven by 17 year old Juan Carlos Dominguez-Palomino. The young man was killed.
Is Double Jeopardy Violated If a Court Increases a Sentence More Than Once, Resulting in a 495 Year Sentence?
Under the Habitual Sexual Offender Law (Penal Code § 667.61, 667.71 and 667.6 (d)), the minimum sentence for someone convicted of certain sex offenses under certain circumstances is 25 years to life. Under Penal Code § 1170.1, the court may only increase a sentence once due to a prior serious felony conviction. Under the Three Strikes Law (Penal Code § § 667 (e) and 1170.12), however, multiple sentence increases are allowed.
With the changing political landscape of marijuana legalization nationwide, activism in the Dallas Fort Worth area has grown more visible and popular. With over 400 new members since 2011, DFW NORML has been one of the fastest growing chapters in the country.
Medical marijuana is a very controversial topic. Recently, there have been 16 states with pending legislation or ballot measures on medical marijuana: Florida, Georgia, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin.
Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate
The federal tax collection system is founded on the concept of voluntary compliance. The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.
There are many reasons as to why you were in possession of the property and why you would have never stolen it.
Almost half of all American adults, 48% to be exact, have experimented with marijuana at some point in their life. While many of those staunchly opposed to marijuana legalization argue that weed is a gateway drug for harder, more dangerous substances, many scientific studies have frequently discredited this theory. Marijuana’s label as a gateway drug is likely more a case of mistaken identity of cause for correlation.
The main center of the criminal justice system is that all persons are innocent until proven guilty, beyond a reasonable doubt. In other words, the only way you can be found guilty is if prosecution is able to prove it.
Reports of drugs having washed up on the shores has been going on for many years. Just in the last 20 years, major headlines have been made by the billions of drugs that have been confiscated - and this is just the drugs that are found.
This past week the House of Representatives passed H.R. 4138 ENFORCE the Law Act with a simple majority, 233-181. The act, an acronym for Executive Needs to Faithfully Observe and Respect Congressional Enactments, was written to ensure that the president upholds his constitutional obligation to execute the laws that legislature enacts.
Primaries have come to a close in Texas, many Texas politicians are supporting marijuana reform. Wendy Davis, democratic candidate for governor, and Jerry Patterson, lieutenant governor candidate, along with Kinky Friedman, agriculture commissioner candidate, have all shown support for decriminalization or medical legalization.
Marijuana alters a person’s ability to perform certain functions, including operating a motor vehicle. According to a new study, fatal car crashes involving marijuana have tripled during the past decade, which may be responsible for the increase in impaired driving accidents in recent years.
According to Bob Ferguson, the Attorney General of the state of Washington, it’s completely legal for cities and other local governments that don’t want marijuana to be legal in their area to enact laws banning it.
There were 87 exonerations last year—more than have ever been recorded in the past 25 years. In 27 of those cases, it was determined that no crime even occurred, and in 15 cases, it was revealed that defendants had falsely confessed to a crime they never committed.
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.
Theft carries a punishment of imprisonment from 6 months up to 3 years or a fine. Attempted theft, which is also a crime, carries the punishment from 3 months up to 18 months or a fine.
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.
On 21st February 2014, the MFSA issued a Notice to Financial Services Licence Holders informing them on the Financial Action Task Force (FATF) identifying jurisdictions with strategic deficiencies, as outlined in the recent publication of two public documents. These countries are considered to have strategic deficiencies regarding anti-money laundering& and combating the financing of terrorism (AML/CFT).
While reading can aid in learning, there is no substitute for doing. Reading about what steps should be taken to solve a tax problem is no different than reading about how to ride a bicycle. In the same way that the only way to learn how to ride a bicycle is by experiencing it firsthand – i.e., by physically getting on it (and perhaps falling off it more than once) – the only way to become proficient at solving tax problems is by trudging through a multitude of hypotheticals.
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.
Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.
There have formulated a number of theories to explain, at least partially, the national decline of violent crime. The first plausible reason – and one embraced by many – is that a lot of American cities have increased the number of law enforcement per capita, and that police officers are getting more skilled at their jobs.
A federal jury recently convicted three people on charges related to Medicare fraud. The fraud took place during the time frame of 2006 - 2011. The defendants in the case operated a durable medical goods company out of the Los Angeles area.
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
It is a serious crime that is punishable with a long jail sentence to carry a concealed weapon in the State of Florida. But, there are ways to legally carry a firearm in Florida, which will keep you from being arrested and thrown in jail.
Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not.
It is considered a serious crime to carry a concealed weapon in Florida, a crime punishable by a long prison sentence. However, there are ways you can carry a firearm in Florida legally so as not to subject you to getting arrested and put in jail. If you live in Florida and own a firearm, it is vital that you know and understand how and when you can carry your firearm without being arrested.
Someone who drinks excessively and then commits a domestic violent crime probably isn’t thinking about the legal consequences of their actions.
Why Swiss Bank Clients Who Can’t Stand the Heat Are Getting Out of the Kitchen.
Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
Nary a day goes by that a client doesn’t ask me the question, “Why am I being charged criminally with failing to file my tax returns? Lots of people get behind on their taxes and fail to file their returns for a few years, but they are not prosecuted. Why me?”
Recently, I received a panicked call from a client being detained at a major metropolitan airport. The client, a nonresident U.S. taxpayer, owed money to the Internal Revenue Service. Upon investigation, I learned who was responsible for detaining him: none other than the IRS. Under what authority? A two-year-old program designed to target nonresident delinquent taxpayers who travel to and from the United States.
New Jersey Notice of Federal Tax Change Requirements
In the heat of a domestic argument or in an effort to gain advantage in divorce, one party may call the police to falsely accuse another of domestic violence.
Utah law is harsh on crime. However, it also offers a generous policy for sealing past criminal records, known as expungement.
No one is perfect, and even police officers can be caught driving under the influence. Such is the case for a 28 year-old off-duty police officer of the NYPD.