Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
Sexual contact with another that is offensive is a crime in Colorado. Though these offenses often cover a wide range of actions, they are deemed a lesser offense than sexual assault. With conviction, registration and probation are likely outcomes. Like a few others, these offenses are considered extraordinary risk crimes. These types of crimes have increased sentencing requirements than others in the same class type.
In many states, indecent exposure or offensive revealing of private areas is charged very infrequently. When the crime is committed, it is usually in an area that has the public passing through constantly.
The consenting ages for sexual relations may be stated in a state’s statute. However, sometimes age is only one factor when considering whether statutory rape has occurred. In some states, the parents’ permission can provide necessary consent for underage persons that helps a defendant escape criminal culpability.
Indecent exposure is a crime that is sometimes brought against people suspected of committing lewd behavior. It is important to know what behavior is considered indecent and what exactly exposure entails. When law enforcement officers charge and arrest a person for this behavior, it is essential to know if any crime has actually been committed. Some passers-by may have been unaware there was not actual indecent behavior occurring.
It is essential to choose a defense lawyer that has knowledge in the area of the crime the defendant is accused of. Plea offers should be understood, witnesses should be examined and evidence should be thoroughly reviewed. All matters should be evaluated. How much probation may be sentenced, how a reputation or career may be affected by charges or conviction and how a conviction can affect immigration status should all be deliberated upon before settling on a course of action.
Law enforcement officers often arrest citizens for various reasons in different manners. During the arrest itself, it is important to stay calm, remain peaceful as cuffs are tightened, follow orders to get in the vehicle and ensure all behavior is completed in a composed manner. There is no reason to allow any possible incrimination or potential penalties for negative behavior when being arrested.
July 15, 2016 By SDM Partners Law Firm
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
Athens GA DUI Driver in Felony Homicide by Vehicle Case Highlights High Risk for Recreational Marijuana Users
July 15, 2016 By William C. Head, PC
Because marijuana use requires several days to be eliminated from the user's body, many marijuana users risk Felony Homicide by Vehicle and Felony Serious Injury charges when an accident occurs and blood tests show the mere presence of marijuana or other controlled substance (drug that requires a doctor's prescription). Hundreds of thousands of drivers whose daily recreational marijuana use creates the risk of lengthy state prisons sentences when a fatality occurs when they are driving.
July 15, 2016 By Counsels Law Partners CLP
As a trial advocate, one of the more common questions that I get asked is regarding bail when a convicted person decides to appeal. What happens during that appeal stage with regards to Bail and suspension of sentence is what this article is concerned about.
July 20, 2016 By Torres Law, PLLC
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
Georgia Drivers License - DUI Suspension and How to Protect Your Administrative License Suspension Appeal
July 11, 2016 By William C. Head, PC
Georgia Driver License suspension after a DUI arrest in Georgia - After a DUI arrest in Georgia, the Georgia drivers license of virtually every person taken to jail is confiscated. An out-of-state drivers license can also be confiscated. This seizure of your drivers license is part of the Georgia implied consent law, and a 30-day permit is issued. Not appealing this DUI license suspension within 10 BUSINESS DAYS after arrest, triggers loss of the right to drive in GA for 12 full months.
Many high school students check out campuses in various cities without any notion to discover statistics of certain situations that occur on campuses. They drive down during breaks such as spring break or during the holidays to see what college campuses are like. Becoming members of these universities, new students are completely unaware of negative issues that plague some students. Sexual attacks may occur anywhere.
When a person is accused of a sex crime, those allegations tend to follow the individual socially for many years. The stigma affects every day life, career life and how others perceive the person. When the allegations are proven in court, the person’s world is forever changed. If there is any way to prevent these statements from becoming public, it is best to ensure those preventative steps are taken.
Sex crimes are an ever present issue in most states in America including Florida. The many consequences of conviction include registration, potential prison time and loss of custody of children. Most states necessitate registration as a requirement when conviction occurs for these crimes. When a convicted individual fails to register in the area he or she moves to, severe penalties may incur.
Potential charges of child abuse and molestation are severe crimes with potentially devastating consequences. These issues are taken seriously, and investigations are carefully carried out to ensure those suspected are genuinely guilty. Those charged often lose many rights immediately, but parents charged with these crimes may lose all rights as a parent. Harsh punishments await those convicted of these actions, including a lengthy jail sentence.
In many instances, women and men have been charged and convicted of various kinds of prostitution. What may not be known is that the actual issue for many of these crimes is human trafficking. These individuals are often victims, not criminals. Without evidence of the culprit of these crimes, it is all too common for the responsible party to get away.
Sexual offenses are often a complication and problem for law enforcement. These cases bog down the legal world for judges and lawyers in many states. Illinois has enacted the 730 ILCS 150/2 B act that requires that someone who has been convicted of a sex crime be registered as a sex offender. Because of this act, anyone in this state defined as a sex offender must register with local authorities of whichever county or city he or she resides.
Charges of taking indecent liberties with an underage child in Virginia are considered targeting these children with sexual acts. Often, these offensive acts are performed by an adult towards an underage child about fifteen years and below. These acts are also considered offensive and indecent when an adult participates in acts creating pornographic images or video with anyone under eighteen years of age.
Registration is mandatory in many states including Colorado for convicted sex offenders. The criminal justice system in this state finds this component of justice important and various penalties arise when registration is not completed by those convicted of these crimes. Registering as a sexual criminal often affects the person’s ability to find or keep a job and livable housing. It may also impact other areas of these individuals’ lives substantially.
United States law enforcement departments receive around 80,000 accounts of sexual abuse involving children every year. According to the American Academy of Child and Adolescent Psychiatry, this amount is an understated number of how prevalent this problem really is. More children are afraid of communicating when abused. Children often believe that telling someone about the use will make it worse or seem more real. Additionally, other potential psychological aspects may be at play.
Various cases in the media call attention to the statutes of limitations involving cases of rape. Should these cases have limitations is a question often considered. Several factors are often observed when these limitations are determined and each state fixes these restrictions in place after examining all factors.
When negligent behavior injures patients, physicians are subject to claims of medical malpractice. This phenomenon is becoming a serious problem in the United States. Studies have determined medical malpractice to be the third leading reason people lose their lives in America.
Often the best legal advice given in cases involving criminal law is to remain silent when a police investigation begins. This is often said for those that have been suspected of any crime. It does not matter if the individual is a suspect, a subject involved or someone that may have witnessed the crime.
July 11, 2016 By Respicio & Co. Law Firm
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
July 6, 2016 By William C. Head, PC
Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline.
June 30, 2016 By The Baez Law Firm
Florida’s drug laws are among the strictest in the nation. Mere possession of a controlled substance such as cocaine, heroin, or methamphetamine is a third degree felony, which can carry penalties including fines and up to five years in prison. If you are currently facing possession charges, however, you are not without legal defenses.
June 30, 2016 By Pike & Lustig, LLP
Business owners place significant faith in the hands of their employees. Unfortunately, sometimes this trust is misplaced and insider employees commit major fraud against the business. Florida companies of all sizes have been seriously damaged by employee business fraud. If you believe that your company has been victimized by an employee, please contact an experienced West Palm Beach business fraud attorney for immediate legal assistance.
June 29, 2016 By Hebets & McCallin
The Denver Post recently reported that applications for concealed carry permits have skyrocketed in Colorado this year. Some say this is a response to mass shootings, like the recent tragedies in Paris, San Bernardino, Colorado Springs and Orlando, others argue that this kind of increased access to weapons is part of the problem. Regardless of how you feel about guns, Coloradans should know what the rules are in our state.
97 Reasons to Fight a DUI charge; DUI Penalties; DUI Consequences; and Pleading Guilty = 100% Chance of Losing
June 29, 2016 By William C. Head, PC
For the past 30 years, an average of 1.5 million American drivers have been arrested for driving under the influence of alcohol or DUI drugs. In the states lacking a first offender act for DUI, no pretrial diversion and where no expungement of a DUI conviction is possible, fewer than 15% of all accused drivers avoid conviction. Three key factors determine who that 15% will be: (1) a defeatist attitude of the client (2) hiring the wrong lawyer and (3) lack of full information on DUI consequences.
June 29, 2016 By William C. Head, PC
These eleven tips would be good to share with anyone who occasionally has a drink and later drives a vehicle of any type.
June 28, 2016 By William C. Head, PC
No criminal court in Georgia processes more driving under the influence cases than the Atlanta Municipal Court. Atlanta DUI lawyer explains how the court moves its misdemeanor criminal cases and traffic tickets (including DUI) faster than all other traffic court locations in the State, instant information needs to be found online, by those issued traffic tickets in the Atlanta GA traffic court. City of Atlanta misdemeanor arrests start in the Municipal Court of Atlanta, including drunk driving.
June 28, 2016 By The Law Offices of Michael S. Berg
Not everyone is aware of what constitutes criminal conduct when it comes to the internet.
June 27, 2016 By William C. Head, PC
The questionable "science" behind field sobriety test evidence collected by police from unsuspecting citizens detained for suspected driving while intoxicated offenses must be met with a DUI expert witness in the defense phase of the case, to have the best opportunity to educate the jury about these bogus evaluations. Similarly, a breath alcohol test is never used by medical doctors, and police breathalyzers have known precision limitations and maintenance accountability crime lab records.
World Bank Group v. Wallace: International Organizations' Immunities and the Fight Against Corruption
June 27, 2016 By Bretton Woods Law
Was this a great victory or a near miss? Much has been written about the recent Supreme Court of Canada (SCC) judgment World Bank Group v. Wallace. Advocates of whistleblower rights and the anti-corruption community have declared this decision a clear stance in favour of whistleblower protection and a big win in the fight against corruption. A further review of the decision and the context in which the SCC was asked to rule reveals a far more nuanced result.
June 27, 2016 By William C. Head, PC
In Birchfield v. North Dakota, the US Supreme Court addressed the constitutionality of state implied consent laws that criminalize a person's refusal to submit to a forensic test (i.e., blood, breath), for impaired driving charges. About a dozen states have enacted Draconian DUI-DWI laws proscribing refusal to submit, in an effort to obtain compliance with implied consent law tests following a drunk driving arrest, or go to jail or prison for non-compliance. The case was decided June 23, 2016.
June 25, 2016 By The Law Offices of Michael S. Berg
Over 15 million Americans are victims of Identity Theft each year. Another 100 million more are at risk.
June 24, 2016 By Kenneth Padowitz P.A.
Virtual reality is now becoming mainstream. What was once a popular topic for science fiction, virtual reality is now becoming – for lack of a better word, a reality.
June 24, 2016 By The Law Office of William W. Hurst
House Bill No. 1048 will add a section to the Indiana Code that makes it illegal for vehicles involved in an accident to remain on the road. As of July 1, 2016, crashed vehicles will be required to move off the road as quickly as possible.
June 23, 2016 By Kaass Law
Convicted of a crime? Expunge your conviction under Penal Code § 1203.4. If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction. Such convictions are either misdemeanor or certain types of felonies.
June 27, 2016 By Fay & Grafton
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.
June 23, 2016 By The Law Offices of Michael S. Berg
Federal prosecutors face an uphill battle in prosecuting individuals under the Computer Crimes and Fraud Act (CFAA)
June 21, 2016 By Shustak Reynolds & Partners, PC
The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including Ash Narayan, formerly of RGT Wealth Advisors, who, the SEC alleges, siphoned millions of dollars from the accounts he managed at RGT for professional athletes and others while he was the manager of RGT Wealth Advisor’s Orange County, California office.
June 17, 2016 By Siam Legal International
Hearsay is an important rule in Thai criminal procedure as it is in that of other jurisdictions. Generally, it is the principle that the Court shall not consider any evidence that is a statement not made before the Court, if the purpose for offering that statement is to prove the truth of its assertion.
June 16, 2016 By The Law Offices of Michael S. Berg
Computers, smartphones, and the internet are household staples in California and across the United States of America. Digital technology continues to rise in popularity as our society obsesses with the “need to know everything right now”. It comes as no surprise that the rise in popularity correlates with an increase in computer crime across the world.
June 16, 2016 By Russell & Ireland Law Group, LLC
Kentucky’s new felony expungement law goes into effect on July 15, 2016 and will be retroactive. House Bill 40 passed in April 2016 and will allow individuals with certain Class D felonies and non-indicted felony charges to petition Kentucky courts for expungement. Before House Bill 40, no felonies in Kentucky could be expunged.
June 15, 2016 By Kenneth Padowitz P.A.
The difference between ‘date rape’ and standard ‘rape’ in the legal context is restricted to the legal meaning of the terms. Thus, they carry the same serious consequences.
June 15, 2016 By Kenneth Padowitz P.A.
It is the times really, crime fascinates our society, and the morbid curiosity for all things crime can be nauseating at extreme levels. The biggest culprits for the advance of this crime fascination are the media and cinema.
June 15, 2016 By Morgan & Morgan
Daytona Beach leaders on Wednesday unanimously voted for a plan to decriminalize small amounts of marijuana in what is the first big step in a process that includes a public hearing and a later final vote.
June 14, 2016 By Michalopoulou & Associates
Medtech Europe represents the medical technology industry in Europe. It is the alliance of the two leading medical technology industry associations, EUCOMED (which represents the European medical devices industry) and EDMA (which represents respectively the European in vitro diagnostic industry).
June 15, 2016 By Michalopoulou & Associates
The rapid rise in the use of digital technologies in the healthcare sector is not lost to cyber criminals.
June 7, 2016 By Cofer Law, P.C.
First, it's important to understand that criminal charges are not filed in court by "victims." The government files criminal cases, including assault or domestic violence charges. Second, a person cannot drop a criminal court case against someone. Third, your best chance of getting the assault or domestic violence charges dropped is when working with an attorney defending the person accused.
June 7, 2016 By Sidney L. Gold & Associates, PC
Some of the major stories in 2015 involved groups of individuals being killed at the hands of a gun wielding murderer.
Many people purchase a product or agree to service because the purchase comes with a warranty. However, if a warranty is made when the business is in the process of closing down or it has already closed down, certain legal implications may arise.
MoneyGram will pay a sum of $13 million to settle allegations of consumer fraud. The settlement will establish a restitution fund for consumers who were defrauded by third parties in which they had transferred money.
Many motor vehicle accidents are caused by impaired drivers. While many of these are attributed to drivers under the influence of alcohol, many others are due to drug impairment.
Charges of DUI could be quite stressful and may lead to heavy penalties depending on the situation. If you ever get convicted for driving under the influence (DUI) of drugs or alcohol here are ideas on how to get rid of DUI charges in Colorado.
Individuals who are injured in an automotive accident or another event may benefit from having a video of such accident or event. Such footage may provide significant value in legal claims.
Perhaps you've been arrested for drug possession, are under investigation for embezzlement, or have been charged with DUI. Regardless, it's a frightening and stressful situation. Will you face jail or prison time? Probation? How will your reputation and career be affected?
Prom season is here. It is an exciting time for many teenagers. High school students throughout Boston will be attending this special event over the next few weeks. Most students are happy with the occasion and many parents are worried about their child and alcohol abuse. Being involved in an OUI/DUI accident (operating under the influence of alcohol) will put a damper on the party.
The intent behind the Defense Export Control law, 2007 ("the law"), and the various regulations and orders enacted thereunder, is to regulate defense export on the grounds of national security, foreign policy, international commitments, and other crucial interests of the State of Israel.
Sex offender registration is required in cases where a defendant is convicted of a sex offense. It is a very important component to the many penalties that convicted sex offenders face in the Colorado criminal justice system. Registration can obviously have a substantial impact on a persons ability to find and maintain employment and housing, and may substantially affect other areas of the sex offenders life.
Unlawful sexual contact is a sexual offense in the state of Colorado which encompasses a very wide range of conduct. While it is a lesser offense than Sexual Assault, it is still considered a sex crime, and still requires sex offender probation and registration if convicted. It also is considered an extraordinary risk crime which requires higher sentencing requirements than other crimes in the same class.
Indecent Exposure is typically a misdemeanor offense in Colorado, unless the offender has a prior history of similar offenses, in which case it can be charged as a felony.
Juѕt аѕ lawyers hаvе specializations, Private Investigators dо аѕ well.
The process which a person may expect after being arrested for Domestic Violence. Once you are charged then you will appear in court and a full protective order is likely to issue. The Court may consider issuing a modified order, but be sure to confirm and understand the exact conditions of any protective order. Violating a valid order is cause for new charges.
Credit card fraud can be a stand-alone offense or be a charge that is made in conjunction with other state or federal charges. Individuals convicted of credit card fraud face serious consequences.
Restraining orders are issued in cases involving cases involving domestic violence and cases in which the judge believes that it is necessary to issue a restraining order in order to protect someone from another. However, situations sometimes arise in which a restraining order is not appropriate, such as when it is taken out against an innocent person.
Offenses from youthful offenders are not uncommon. However, this group of individuals is often perceived as a group that can be rehabilitated and avoid a life of crime. This makes crimes involving juvenile delinquency a complex area of the law that attempts to balance the needs of the public with the needs of the youth.
Battery, domestic battery and aggravated battery are all serious crimes under Florida law. However, they each have unique elements that must be proven and different implications regarding sentencing.
While the general rule is that law enforcement officers are not legally liable for failing to protect a citizen, there are exceptions to this rule. One such exception is the special relationship doctrine.
Child pornography is an insidious issue that affects communities across the world. Individuals who are involved in child pornography may suffer serious consequences, including child actors, adult actors and producers.
The general rule is that law enforcement officers are not held liable for failing to protect their citizens. However, there are exceptions to this rule. One such exception is the state-created danger legal doctrine.
Highlight on the New UAE Child Protection Law “Wadeema Law”
Drug crimes continue to be one of the most aggressively prosecuted categories of cases. As the link between drugs and violence continues to remain intact, governmental bodies continue to take drug crimes seriously.
The term “date rape” is used to differentiate between a rape that is inflicted by a stranger and one that is inflicted by someone whom the victim knows. Typically, this designation does not change the serious consequences of being faced with a sexual assault charge. However, some legal issues can arise in this context.
When people testify in court, they are often told that they will be subject to penalty if they perjure themselves. However, there are various types of ways that a person can be subject to perjury charges. Perjury can have many disastrous consequences.
Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is not true. Making a claim of this nature can cause serious consequences.
How is bribery in the commercial context dealt with by the courts, and how is it relevant to businesses in The Bahamas? Prosecutors are taking a much stricter stance with individuals and organisations convicted of bribery offences since the UK’s major bribery legislation came into force.
The precedent was set in 1989. In a United States v. Monsanto case, the Supreme Court held that a suspect who violated the Continuing Criminal Enterprise (CCE) and the Racketeer Influenced and Corrupt Organizations (RICO) should not have access to the funds obtained through illegal activity.
Child pornography is one of the most taboo subjects in the country. It strikes fear in society. In some situations, someone may suspect child pornography and wish to report it.
In some situations, a concerned parent or other individual may petition the court for an emergency hearing to grant an order regarding custody or visitation rather than wait for the next available hearing date on the docket. However, such hearings are limited to those situations in which a true emergency is at stake.
Rational choice is a prominent theoretical model in many fields of research, though many criminologists continue to doubt its applicability as a general theory of crime.
In the US, human right is the thread that holds the fabric of America’s diverse identity. One very important right: to be free from unreasonable search and seizure. The Fourth Amendment of the United States Constitution protects this right. In addition to protecting the right of a person to unreasonable search and seizure, the Fourth Amendment also extends this right to homes, cars, etc. belonging to an American citizen.
Statutes of limitations are a set of regulations governing the amount of time after a cause of action arises by which the case must be brought or be barred from being heard by the court.
In 2010, Congress implemented a new act that provides for monetary incentives for whistleblowers who report Securities and Exchange Commission violations. Whistleblowers are individuals with important information about the illegal acts of others.
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
The LAPD is issuing more and more tasers to it's officers as a way to help subdue a suspect. But what happens when tasers do not do the job?
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
While college represents many firsts for many students, some of these first-time experiences yield negative consequences, such as being the first time that some students have been away from their parents for any meaningful period of time. This new liberty and lack of supervision sometimes results in destructive behavior that has the potential to land the student in legal troubles.
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
A common business practice for retail stores and other establishments is to have a manager or other agent of the business deposit all cash and check after the close of the business day. This is often completed after the bank has already closed. The agent usually drops a pouch in a deposit box for this purpose.
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
DEA may reschedule marijuana with a lower schedule on the Federal Scale.
In Virginia, the charge of taking indecent liberties with a child primarily targets certain acts of a sexual nature when they are performed by an adult with a child under the age of 15 years old, though it also can concern adults participating in certain ways in the creation of pornography for anyone under 18. Most of the crimes are considered class 5 felonies, though the charges can be harsher under certain circumstances.
Individuals who have a criminal record often experience difficulty in acquiring employment. Many employers obtain a criminal background check in order to flesh out potential problems. However, sometimes these checks include inaccurate information. Furthermore, some individuals may wish to clear their record to avoid this potential problem and others.
The emotions that you feel when you are accused of committing a sex crime can swing wildly. Shock. Anger. Confusion. Sadness. Fear. During this trying time you need to focus on facts and pursuing a course of action for protecting your rights, no matter how difficult that may seem. An experienced defense attorney can help you keep your focus where it belongs.
With the recent events of the “Xunaed Video Scandal” which went viral and the Bangladesh Bank heist, interest of ordinary internet users in Bangladesh has heightened towards cyber crime.
In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.
By Just Rights
This article provides a general overview of the European human rights system and how to bring and prepare a case before it.