Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
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.
By STA Law Firm
Should I not hear, as I lie down in dust, the horns of glory blowing above my burial? Contrad Aiken
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.
A criminal record can have far-reaching consequences, even if the criminal charges do not result in a conviction. Fortunately, Texas law provides an opportunity for expunction to people who were arrested but their cases were dismissed or they were found not guilty after trial. However, you will not be eligible for an expunction if you were placed on probation, deferred adjudication, or you finished your case by doing jail time.
Simply put, burglary involves entering a house, structure, business, or vehicle without the consent of the owner and with the intent to commit a criminal offense once inside. Burglary is an invasive property crime that can have some very serious, life altering consequences for the accused person.
The Dallas police department dropped charges against a Texas civil court judge after a month-long investigation. According to investigators, the lack of evidence presented in the case meant the charges would never hold up to a conviction in court.
Holiday weekends are known for increased DWI arrests and tragic alcohol related traffic fatalities. In an effort to thwart this trend, Texas increased no-refusal checkpoints across the state for the 2014 4th of July Weekend.
Did you know that in Texas, DWI offenses do not always involve driving under the influence of alcohol. Also, in Texas a DWI is not the same thing as a DUI. There are many driving under the influence and operating while impaired laws unique to Texas.
It is against the law for police or law enforcement officers to search you and your property without a warrant or consent. However, in some cases this does not stop them. That doesn't mean that the evidence obtained against you illegally cannot be used in court though. In some instances, evidence obtained in an illegal or warrantless search can still be used in Texas courts.
When you get a traffic ticket, consider the following issues before deciding whether to fight the ticket:
The Texas Parks and Wildlife Department is zeroing in on boaters and watercraft operators driving under the influence of alcohol. Local task forces have been developed in various high volume boating and recreation areas across Texas.
Did you know you can get a DWI for driving a golf cart while intoxicated? Driving a golf cart under the influence of alcohol is a crime in Texas, depending on your speed and where you are driving the cart.
When an individual is sentenced for a specific crime and is out on probation, it is absolutely essential that he or she complies with the terms of that probation. Terms of probation can include refraining from using illegal drugs, consuming alcohol, possessing a weapon or even committing a new crime. If the defendant violates their probation, the probation officer can file a document that is called “Petition to Revoke Probation” and can issue a warrant for the person’s arrest.
Many states are legalizing marijuana, but in Texas the possession of marijuana is still a crime. Still farmers continue to grow the valuable cash crop along Texas' fertile farmlands. Learn what the penalties and fines are for possessing marijuana in Texas, and what the future may hold for the legalization of marijuana in Texas.
Arizona law includes punishments when someone violates an order of protection in the state. A judge will usually issue an order of protection or restraining order in response to a person’s fear of possible harassment, assault or domestic violence. The defendant might not know that a person has requested an order until they are served with papers. Once the defendant receives the order, it is in effect for a full year.
Child pornography offenses are one of the fastest growing crimes in California, with a 150% increase in detection and arrests each year. As more and more people are caught in police stings as a result of Task Force operations, it is increasingly apparent that people accused of this crime come from all walks of life.
This question comes up more and more often as the United States continues to increase enforcement and lower Blood Alcohol limits. The short answer is No, you can’t get into Canada with a DUI, a DWI, or any state’s equivalent charge. At least not without jumping through a series of hoops set up by the Canadian government.
Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders
This article presents an overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.
The San Francisco Bay Area has seen a recent change in way prostitution is being prosecuted. Traditionally, prostitution and solicitation of prostitution were charged as low level misdemeanors. However, defendants are now being charged with serious felonies. It is important to understand who can be charged with these crimes and why the authorities are changing their policies.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?
There is no “Preliminary Hearing” in China criminal procedure. The Initial investigation is carried out by the prosecutor (Called The People’s Procuratorate in China), who will then decide if the case is deserving of criminal charges.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
Posting a bond can be an intimidating procedure, especially if a loved one is sitting in jail and you’ve never had any experience with the criminal legal system before. While the details can get confusing, there are essentially two ways to post a bond. An individual can post a bond for a family member, friend, or loved one, or a professional bondsman can post a bond for a criminal defendant.
The European Banking Authority (EBA) published on the 4th of July 2014 an Opinion addressed to the EU Council, European Commission and European Parliament setting out the requirements that would be needed to regulate ‘virtual currencies'.
By Brown, PC
In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the United States initiated a coordinated effort with foreign governments to combat tax evasion through the use of offshore trusts and accounts. The U.S. Department of Justice (DOJ) has since launched criminal investigations of several foreign banks, many of which are ongoing.
The summer is a time for BBQ’s and celebrations, but drunken driving arrests and accidents often increase during the summer months as well.
Enjoying a few drinks while socializing is a popular way to spend a Friday or Saturday night for many people. Frequenting a bar during happy hour with some friends after work is also quite common. A-list celebrities may be able to afford a driver to chauffeur them around to these types of events, but the majority of us instead get from point A to point B by driving.
If parents consent to a relation between a minor an adult, is it crime? The answer is more complex then it may seem at first.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.
Florida has some harsh recidivist sentencing statutes, the most draconian of which is the PRR statute. This article outlines the circumstances under which the statute applies, and its implications for an accused person.
More and more people are being thrown in jail for petty reasons.
Attaining success in a criminal case is not an easy feat and requires close cooperation between the accused person and their attorney. The stakes are high considering the fact that your freedom is at risk with possible long term ramifications and legal financial implications. There should be high a level of communication exchange between you and the criminal lawyer assisting with your case.
For individuals dealing with internet crimes in Las Vegas Nevada or Larceny charges, here are a few details about what this means to you.
Many people travel to the state of Florida from other states as it is the home to many popular vacation spots. While on vacation, many people may consume alcohol while enjoying the beautiful beaches, plentiful clubs and bars, and luxurious weather. Sometimes an out-of-town guest can consume too much alcohol before getting behind the wheel of an automobile.
A brief overview of the jury trial process in the State of Florida.
Moneyval's Statement Calling for Enhanced Due Diligence Measures for Bosnia and Herzegovina Transactions
On 1st June 2014, the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) issued a public statement about the persistence of deficiencies in the anti-money laundering and counter financing of terrorism (AML/CFT) regime in Bosnia and Herzegovina.
By CTM Avvocati
New criminal offences under Italian Law - Commercial Bribery and Undue inducement to give or promise benefits - Corporations at risk of fines and disqualification sanctions if not compliant - Setting up or updating a compliance program.
Driving under the influence, called operating a vehicle under the influence in Ohio, is typically a misdemeanor of the first degree. The mandatory minimum penalties on a first offense OVI conviction include 3 days in jail or 72 hours in a driver intervention program, a $375 fine, and a driver’s license suspension for 6 months.
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.