Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
There are multiple pieces of evidence that the prosecution relies on when convicting a person of DUI charges. A breathalyzer is only one of these methods. Passing this does not necessarily ensure a driver will not be convicted of a DUI.
For many, knowing whether it is required to breathe into a breathalyzer machine is unknown. Some lawyers may say there is no right answer, but in many states, refusal to do so results in a suspension of the driver’s license. It is best to contact a lawyer for any questions regarding the legality of this process.
Deportation is a concern when a violation of the law has occurred. When driving under the influence of alcohol arises, lawful immigration status may be threatened. Conditional residence in the United States has many factors that are considered for a person to retain such status.
Many states have checkpoints that check sobriety. These are used as methods to reduce potential cases of people drinking while driving. However, if improper searches or seizures are completed, a DUI charge may be invalid. It is important to know the law and what rights are afforded drivers in each state.
August 12, 2016 By HG.org
Being convicted of a DUI offense can establish long-lasting and far-reaching consequences. For this reason, many criminal defendants make the choice to hire an experienced criminal defense lawyer who has worked on DUI cases in the past.
Individuals who are pulled over are often asked to participate in various types of DUI testing. Refusing to test can subject the criminal defendant to certain criminal penalties. However, there are certainly times when a criminal defense lawyer would recommend not submitting to such testing.
DUI charges are treated differently by each state, which establishes its own laws prohibiting this conduct. Differences also exist depending on whether the offense is considered a misdemeanor offense or an aggravated DUI offense. It is critical that defendants understand the differences in these two offenses.
Every state has unique laws regarding drinking and driving. These laws govern the criminalization of the act as well as how such actions are treated administratively. The method that these cases are handled varies by each jurisdiction.
August 11, 2016 By The Kilfin Law Firm, PC
Theft involves the unlawful taking of, or using, the property of another person, or endeavoring to do so. Theft offenses in Florida can be prosecuted as either felonies or misdemeanors depending on the nature of the item taken, the value of the item taken, or the number of prior theft convictions an accused person has.
August 8, 2016 By Felahy Employment Lawyers
A judge from the federal district of southern New York has decided to invalidate evidence obtained through the use of a cell phone tracking device. This decision may serve to clarify rules about when it is appropriate to use such technology with and without a warrant.
August 8, 2016 By HG.org
Rising blood alcohol content defense is a common and sometimes successful defense of DUI charges. This defense explains that the BAC may have been lower when the driver was driving, even if he or she registered a .08 percent or higher after being pulled over. Various factors play a role in how the BAC registers higher later and how it may be lower before the rise.
August 8, 2016 By HG.org
Defenses exist to test the validity of a breathalyzer test when a foreign substance has been ingested. An arrest may still occur if these materials are taken. To ensure a proper defense is implemented for a case, a criminal defense lawyer should be obtained early. He or she may assist the defending person to build a strong and aggressive case against the prosecution. Many substances imbibed may cause the blood alcohol content levels to rise over the national legal limit of .08 percent.
Many DUI cases have substantial evidence in the prosecution to attempt to convict the driver involved. However, there are various ways to challenge the evidence based on common flaws that it may have.
The Fifth Amendment is a possible defense when a person has been arrested for a DUI. This Amendment to the Constitution allows for a person to remain silent to avoid incriminating himself or herself. Though some things may be required, this is a valid defense in many cases.
Not all DUI arrests lead to a successful conviction. When a knowledgeable lawyer is obtained, a positive defense may be implemented. Avoiding conviction is increased when a lawyer is hired to assist the accused individual.
There are numerous methods to fight charges of driving under the influence. It is necessary to generate a defensive plan to protect against conviction. Challenging evidence and processes may be the path to take. Hiring a criminal defense lawyer early to create a defensive strategy may lead to a positive outcome or reduced penalties if conviction does occur.
When a person is charged with DUI, he or she may be subject to an immediate license suspension. However, he or she may be able to file to have a hearing with the Motor Vehicle Division or similar agency in order to retain driving privileges and to fight the loss of his or her license.
When a person is arrested for DUI, he or she may immediately think about the possibilities of a conviction in a criminal case. However, the criminal aspect of the case is only one consideration. The other is the case regarding a person’s driver’s license.
August 8, 2016 By Tuomey Law Firm, PLLC
Many people aren't certain when it's time to speak with a Fairfax criminal defense attorney. Perhaps you have been questioned by police regarding a break-in to someone's home, a drug crime, or even an assault. Maybe you are being investigated and are understandably nervous as to whether you are about to be charged with a crime. Regardless of whether you are innocent or guilty of a minor or more serious crime, when is it time to seek legal counsel?
August 4, 2016 By Sidney L. Gold & Associates, PC
Facing sexual harassment can be uncomfortable and humiliating. When many people think of sexual harassment, they think of catcalls or jeers directed at women. Although this type of behavior certainly qualifies as sexual harassment, it far from defines it.
August 3, 2016 By HG.org
The mouth alcohol defense is a rare by usually very effective defense strategy for those charged with DUI. It explains that a blood alcohol test is not accurate if the person uses deep lung air only when being tested.
August 3, 2016 By HG.org
Picking juries may become difficult for lawyers based on specific cases. Achieving a good selection of jurors often is daunting. But, with prep work and good judgement, a jury may work for the lawyer once selected. In addition to this, jury selection with the right questions and behavior may earn respect and admiration from these individuals by the lawyer doing the picking.
Gastroesophageal reflux disease is caused by acid reflex syndrome. This medical issue may affect a DUI with a breathalyzer. It is important to know how this affects charges and cases. Some gases may affect the results when taking a breathalyzer test, and some traces of alcohol may remain present longer when the alcohol content in the blood has already dissipated enough to fall below the national legal limit of .08 percent.
After being arrested, the person charged with driving under the influence is taken and placed in jail. A breathalyzer test is then requested. If the driver refuses this test, his or her license is automatically suspended pending further action in many states.
Many individuals have heard of vehicular homicide, manslaughter or other offenses that are related when a person drinks and drives and ultimately causes the death of another due to an accident that occurs in the vehicle. However, in some jurisdictions such actions can even result in murder charges.
Some defenses in DUI cases are only applicable in certain states. In these states that have extremely strict laws against drunk driving, it is imperative a lawyer is obtained to build a strategy of defense. Penalties are often harsh with jail or prison terms, and applicable fines are usually expensive.
Evidence of breath tests often assist in convicting drivers arrested for DUI charges. However, they are not always accurate. There are some tricks that may assist in beating these tests.
Individuals who are arrested for drinking and driving face a number of consequences. One of the most significant and long-lasting consequences is losing a driver’s license.
August 3, 2016 By Agre & Jensen
Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs. In other cases, sleep deprivation may give rise to the accusation of reckless driving.
August 3, 2016 By Law Offices of Edward G. Appel
A DUI charge in South Jersey can seem like an intimidating thing to deal with as a defendant. New Jersey does not allow for plea bargaining in DUI cases, which can make them difficult to resolve. Instead, an effective DUI lawyer will often use dismissal of evidence in order to ensure a fair trial and strengthen their case.
August 3, 2016 By Torres Law, PLLC
On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
August 3, 2016 By Torres Law, PLLC
U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
August 2, 2016 By Torres Law, PLLC
Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
Almost every time a driver is stopped when there is suspicion that a DUI is being violated, the police officer asks if he or she would be willing to participate in a Standard Field Sobriety Test. There are reasons why this request should be refused.
The process of drawing blood without a warrant has been determined by the Supreme Court to be protected through the Fourth Amendment. There may be some stipulations to this, but unless there are specific circumstances, this protection holds.
When individuals think about the consequences of drinking, they may worry about possible jail time or the loss of driving privileges. They may overlook the financial aspect of getting a DUI or DWI. However, this aspect of the case can be quite expensive and subject the defendant to some of the longest lasting consequences.
Laws about DUI may be confusing for many due to the variations throughout the United States. Some states have varying degrees of penalties. It is best to obtain a lawyer well-versed in these issues in the state the charges were issued.
The right of all citizens of the United States is that no matter if the person is arrested, he or she is still innocent until guilt has been proven beyond a reasonable doubt. In some states, the burden of proof that the individual is guilty is very high.
Breathalyzers are a controversial subject when applied to DUI cases. There are many instances of effectiveness and validity, but some are not used in court because of flaws inherent in the devices.
There are various ways to fight charges of DUI. It is imperative to create a defensive strategy to defend against conviction. Challenging evidence and processes may be the path to take. Backed by a criminal defense lawyer, strategies about how tests may be challenged should provide a strong and aggressive stance in fighting charges of DUI violations.
Some states have specific laws that require citizens to obtain a criminal defense lawyer if they are pulled over for a DUI. Arrest for these offenses demand a lawyer hired no matter if there is a valid case or not.
Many drivers that are forced to go through DUI checkpoints often wonder if the process is a violation of the Fourth Amendment. Is the procedure in violation of unlawful search and seizure? Read on to learn more.
Adolescents commonly experience with drugs and alcohol during their youth. However, this can often result in serious ramifications to their development, future prospects and potential criminal culpability. Understanding these risks can help recognize and deter this conduct.
When a person’s drinking causes him or her to lose the ability to safely drive, a DUI accident may result. In tragic cases, this accident leads to the loss of someone’s life. Such accidents are devastating to everyone involved, including their families.
Specialists and experts determine the validity of chemical test and field sobriety test evidence collected by law enforcement agents from those driving under suspicion of DUI violations. Known flaws in these devices and processes are overlooked when analysis is performed in some situations. Many flaws are taken into account or used to explain results.
Testing of blood and breath are standard procedures police officers use to analyze the blood alcohol content of a driver when there is suspicion of DUI. These tests are not always reliable, and there are other factors that assist in determining if a case against an individual is valid.
Some ways law enforcement officers may determine if a driver is impaired are through a standard breath test or a sobriety test. However, these tests are not always reliable. The question then becomes one of admissibility in court.
Many states require blood testing to determine blood alcohol levels for determination of impaired driving. When a person refuses to be tested, these states criminalize these actions. The United States Supreme Court has addressed this issue.
Most individuals who are pulled over for possible DUI violations are unaware of what to do during or after these processes. Without the knowledge of what to do and what to avoid, many drivers make simple mistakes in many of these instances. It is important to become educated on how these processes work and how a DUI charge can be beat.
Drivers may be pulled over due to suspicion of driving under the influence of alcohol. When this occurs, they are often told that they are required to submit to either a breath or blood test to determine blood alcohol levels. In the cases these are refused, it is important to know what the next step may be.
Many individuals who are arrested for DUI or who fear that they may one day be so often have questions concerning the DUI process. Many of these questions center on what to do when they are pulled over. It is important to know what steps are needed for these procedures, and knowing the answers to the most common may assist in avoiding future complications.
Police officers pull over drivers they feel are under the influence of alcohol or drugs. Often when this occurs, they ask the driver to perform a field sobriety test. There are three standardized tests that may be performed, and there is the possibility the driver will refuse each one.
Many states have DUI checkpoints to test for DUI violations. There are some states considering a ban on these checkpoints, but other factors must be considered to determine if these should be removed in the states considering the action.
Some states have laws that characterize a DUI checkpoint as more of a roadblock. Determining the legal issues surrounding a checkpoint or roadblock is important to state government and law enforcement.
The Fourth Amendment of the United States Constitution protects against unlawful searches and seizures. Often, this requires probable cause before a law enforcement officer can search or seize something or someone without a warrant.
Law enforcement officers are not able to stop any vehicle that they want to stop. Instead, there must be an articulable reason for the stop, referred to as reasonable suspicion.
On many holidays, law enforcement cracks down on drivers who appear to be under the influence. Many are asked to perform sobriety tests or other tests to determine blood alcohol content.
When a driver encounters a DUI checkpoint, he or she may feel some stress or anxiety. If pulled over, there are some tips for remaining calm and how to get through the checkpoint. Stress upon the body often results in behavior that may be exhibited as being under the influence.
Behavior when being pulled over for a possible DUI violation may make the difference in whether a person is ultimately arrested or not. It is important to know what to do when being pulled over, and whether or not to allow a field sobriety test.
Cell phone use has made life simpler for drivers and passengers when it involves road issues. When another driver appears to be under the influence of alcohol, it is easier than ever to make an anonymous call to report the person. However, in many instances, the caller wants to remain anonymous for fear of being part of the trial as a witness or having to make a statement to police.
There are some standard regulations when driving. One of these throughout the entire United States is that it is illegal to drive with a blood alcohol level of and higher than .08 percent. It is important to become accustomed to the basics about driving under the influence to avoid any possible convictions for these charges.
Individuals who are arrested for DUI must worry about how a conviction may impact their lives. While the penalties are steep for civilians, the potential consequences are even more significant for individuals in the armed forces.
Utah v. Strieff is a case that may be used by prosecution throughout the United States again and again to overcome stops that are not entirely lawful. However, this case should only apply to a narrow section of cases when evidence that is searched for is not connected to why the individual was stopped.
Drivers who are under suspicion of driving under the influence are often pulled over by law enforcement. This is to maintain public order when DUI violations occur and to prevent unnecessary injuries. When subjected to these processes, it is important to obtain a lawyer. It is vital to remain calm and to be cooperative. Knowing how to act and what to do after being arrested is just as important.
When a person is stopped by police officers, it is often an overwhelming experience. Throw in potential criminal charges, and many individuals have emotional problems dealing with these situations. When the driver is charged, arrested or even just pulled over, it is important to know what rights he or she has under the law of the state he or she is driving in or through.
In response to an increasing number of DUI cases, many states began to implement a no refusal policy. This was a condition of receiving a driver’s license and provided consent to testing if a person was pulled over for suspicion of DUI.
Driving under the influence often is governed by state law. These laws can vary by jurisdiction. One state may charge this crime as a low level misdemeanor. Another state may charge it as aggravated with resulting grave penalties. A different state may require a short period jail time. Still yet another state may elevate the crime to a felony and increase all sentences with a mandatory prison term issued.
When a person faces DUI charges, he or she may wonder about the potential consequences of a conviction. Some of these thoughts may center on how a DUI conviction can impact a person’s military career.
When a person faces DUI charges, he or she may wonder what he or she should do. The defendant may consider a plea bargain or pleading guilty to the crime. There are several different pleas that a defendant may be able to enter in court, including pleading no contest.
July 29, 2016 By Steven J. Pisani, Attorney at Law
In Colorado, your driving license may get revoked or suspended for a number of reasons including traffic law violation, driving under the influence, not paying traffic tickets and many more. For the reinstatement of your drivers license, you must follow certain steps outlined by the law.
When a person is facing a conviction for DUI, he or she may consider what legal strategy is best to handle the case. In some situation, he or she may consider a plea bargain, or his or her lawyer may mention the possibility. Having a DUI lawyer is critical when considering the ramifications of taking a plea bargain.
A first DUI may result in probation, community service and other light punishment. In some cases, a jail term may be imposed, but it may be for only a few days.
Many DUI cases rely on having test results so that there is sufficient evidence to use against a defendant in the criminal case. As a condition of being licensed in the state, many states require drivers to provide implied consent to be tested in the event that they are pulled over for suspicion of driving under the influence arise.
While most cases involving DUI are based on intoxication by alcohol, others involve consumption of drugs. When charged for these violations, the penalties may be just as grave when convicted as with DUI involving alcohol or in some cases even harsher.
Drivers who are under the influence of drugs may or may not exhibit symptoms when the drugs are prescription grade. Often drivers are pulled over when signs of intoxication are observable, but that may not always be the case.
It is invaluable to know everything possible about DUI violations and how a person is charged for these. It is important to know the laws of the state in residence to avoid conviction for charges with possible traffic violations. It is also advisable to know what terms apply to which laws and regulations.
When a driver has taken an illegal drug, prescription medication or even an over-the-counter treatment, this may be the equivalent of drunken driving. In some states, these situations are connected and violations are issued with charges filed.
For various criminal charges, there are a number of defenses commonly used by defending parties to attempt to avoid conviction. It is important the charged individual is aware of his or her rights in order to defend against charges for crimes. Some of the most commonly used defense strategies include self-defense, statutes of limitations, alibi, entrapment and insanity. Applying the corresponding defense strategy to the charges that fit is not always an easy process.
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
Sex offenders are often viewed as some of the worst offenders. This often leads to unfair treatment at trial and abuse within prison walls.
Most states outlaw the act of willfully engaging in sexual conduct in exchange for money or other goods like drugs. Likewise, most states prohibit the selling of another person’s sexual services for money or other goods, but these prohibitions may be included in a separate state statute.
Many states have harsh penalties for conviction of DUI, especially when the impaired driver caused an accident. Often injuries are worse when substances are added to the mix, and even fatalities result from the actions of imbibing alcohol.
Sex crime defendants often lament the difficult in receiving a fair trial after being accused of a heinous crime. They may confront juror bias and a criminal justice system that is stacked against them. This has become evidence with the change in how the process works in some states concerning the admission of prior bad acts.
July 26, 2016 By HG.org
Possession of child pornography is a serious crime with potential harsh punishments based on state and federal charges. It is common for such charges to involve a federal investigation that turns up multiple forms of prohibited conduct.
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendant’s legal rights.
In states where a breathalyzer test or blood test is used as evidence, it is possible to be penalized with harsher punishments when conviction of a DUI occurs. A driver may fail both tests showing an assumption of guilt. In some states, the refusal of taking tests in the field is enough to arrest him or her.
When making an arrest based on a DUI charge, the officer making the arrest must decide through his or her own surveillance whether or not the suspect is illegally inebriated. Field sobriety tests are some of the ways officers may decide if impairment is at issue.
In most states, a specific amount of time is allotted to when a second DUI is committed and only considered a first offense. However, other states have more strict traffic laws that determine a longer amount of time must pass. It is important to know the laws of the state the person is driving through or residing in to avoid charges of DUI offenses.
Driving under the influence arrests and charges are confusing and lengthy and may end in a license suspension or prison time with potential additional fines. In some states, the laws do not require a suspect to take the field sobriety tests officers often ask in making a DUI arrest.
Retrograde extrapolation is the technical term and method for determining whether someone was intoxicated at the time of arrest even when testing is completed at a later time. Often in driving under the influence cases, suspects are not tested for their blood alcohol level at the time of accident or arrest. Retrograde extrapolation helps decide if the suspect was actually illegally drunk behind the wheel, though the test results may show a lower blood alcohol level once in police custody.
Driving while under the influence (DUI) is a broad spectrum of charges and until recently was only considered a misdemeanor in many states, including the state of Colorado. However, now certain classes of this charge can be considered a felony, which has its own set of sanctions to follow. A felony DUI can occur in most states when a suspect has a record of at least three driving under the influence charges over a lifetime.
Before new laws, all DUI cases were charged as misdemeanors in some states, unless someone was killed in a DUI accident. However, now individuals in many states who have prior conviction records may be charged with a felony DUI that issues two to six years in prison instead of the usual one year.
DUI stands for driving under the influence, of drugs or alcohol, and covers an extensive range of charges and situations. Driving under the influence is strictly prohibited in any method of transportation. The officer who stops the driver usually has the discretion to make this arrest.
With the ability to give a smart phone to their children, parents in the technological age have often decided to buy electronics and phones for their children to interact with their friends. When most children have a smart phone, it is not long before one of these devices is used for communication other than texting or phone calls.
Throughout the United States, teens are sending picture messages or video depicting their naked bodies. Often, they are sending these to each other, but in some instances they send them to someone over eighteen. The laws of each state may have been built to protect these young adults from exploitation and child sex crimes, but when they are the culprits, they may be breaking various state and federal laws themselves.
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
Individuals accused of sexual crimes often face negative social issues in a community. Despite being acquitted of these crimes, these innocent people usually must suffer through hateful words and actions affecting their everyday lives. It may affect their job, social status and even family life.
Sex offender registration is required in most states in various forms throughout the country. The initial purpose of registration was to provide the information about sex offenders to the public. Now the practice has become a way to punish sex crime offenders, discourage sex offender behavior and to prevent continued offenses.
Sexual relations with another person when consent has not been granted is considered rape or a sex crime in California as well as many other states. It is important to know what laws govern each state and how they apply to the person accused of the crime. Harsh penalties and punishments await those convicted of these crimes with severe consequences that may last the entire life of the offender.
The length of time registration lasts depends upon the severity of the crime committed. Often, only first and only time offenders are able to remove their names from the registry. Though this varies by state, removal is possible in some states. In other states, sex offense registry is mandatory for all sex crimes with no possibility of removal. It is essential to know which state requires registration and which state does not allow removal from this construct.