Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
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.
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.
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.
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
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.
These eleven tips would be good to share with anyone who occasionally has a drink and later drives a vehicle of any type.
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.
Not everyone is aware of what constitutes criminal conduct when it comes to the internet.
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
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.
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.
Over 15 million Americans are victims of Identity Theft each year. Another 100 million more are at risk.
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.
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.
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.
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.
Federal prosecutors face an uphill battle in prosecuting individuals under the Computer Crimes and Fraud Act (CFAA)
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.
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.
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.
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.
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.
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.
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.
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).
The rapid rise in the use of digital technologies in the healthcare sector is not lost to cyber criminals.
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.
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.
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.
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.
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.
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.
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.
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.
Disorderly conduct is one of the most often committed crimes in Utah, as well as throughout the country. However, this crime is often defined in a vague manner and can often entangle a person in its web for some behaviors that are not very serious. Knowing what the charge alleges and the potential penalty upon conviction can help a person better prepare a defense to the crime.
Being convicted of a DUI in Illinois can be serious and lead to significant penalties. These include jail time, fines and revocation of the defendant’s driver’s license.
Motor vehicle accidents are so common that states require all drivers to maintain minimum liability coverage. New Jersey is no exception. As a condition of driving, motorists are required to carry liability insurance so that individuals do not have to be responsible for injuries that were caused by another person’s negligence.
By Just Rights
An overview of the appeal procedure before the Grand Chamber against judgments of the European Court of Human Rights.
Like in other states, nurses are governed by a state board. This board is responsible for vetting nurses and enforcing rules that may impact nursing licenses.
Being pulled over by a law enforcement officer can be a stressful situation, even when the person being pulled over has done nothing wrong. In many cases, the law enforcement officer has the discretion of whether or not to give the individual a ticket or let him or her off with a warning. Some proactive steps can help increase a person’s likelihood of avoiding a ticket, including the following measures:
Texas Penal Code §22.021 defines the crime of aggravated sexual assault and what elevates a sexual assault case to an aggravated sexual assault. Aggravated sexual assault is considered more serious than typical assault and carries with it heightened punishments.
The practice of search and seizure of accounting, tax and other documentation of the enterprise is quite common in Ukraine. Sometimes these law enforcement actions are explained by the presence of really strong reasons to form a reasonable suspicion of specific individuals in committing crimes in the sphere of economic or other financial activities, and the implementation of the criminal proceedings.
Many times a criminal defendant is a first time offender. The defendant may be a generally good person, who happened to be in the wrong place at the wrong time. Regardless of how the drug crime came about or was committed, is it really fair for someone who is a first time drug offender to be treated as a serious criminal for one misstep? Is there anyway that a first time offender can get a break?
If you were convicted of a sex crime, one of the collateral consequences you will face is mandatory registration as a sex offender.
A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.
In August of 2015 the Colorado's felony DUI law went into effect. Colorado joined 45 other states in the United States in enacting a law which makes certain classes of DUI's a felony offense.
Identity theft is a crime that occurs when someone obtains another person’s private information in a wrongful manner through fraud or deception, usually so that the perpetrator can achieve economic gain. When identity theft occurs, there are two main parties who may wish to seek legal counsel: defendants and victims.
People may not pay taxes for a variety of reasons. They may think that they will not owe anything and the cost to prepare them will outweigh whatever small return they might receive. A recent divorce or death may make the process confusing. Someone may know that they will owe taxes and may try to avoid tax liability by simply not filing. Whatever the reason, the consequences for not filing taxes can be very serious.
Blackmail is characterized as a crime and in some cases a tort that involves revealing personal information about someone as a threat or threatening other conduct to get the person to do something that the offender wants completed. Like extortion, blackmail seeks to remove a person’s free will to conduct some action. Committing black mail can carry significant criminal and civil consequences.
This year, the FBI has begun tracking cases of animal abuse on a national level in order to research trends and adopt prevention strategies. Beginning in January 2016, police departments will be required to report animal-related crimes to the National Incident Based Reporting System (NIBRS). NIBRS is used by criminologists, law enforcement and researchers.
The Law responds to the continuous international claims and the listing of Panama in the FATF gray list.
Anti-Cyber Crime Law of Saudi Arabia is ny act committed related to computer or the internet violating stipulations of this law.
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
It is a truism that has to be accepted that those with no criminal record generally have a better chance at getting a job than those with one. However, if you have a DWI on your record, it is no longer the serious problem that it once was. More employers are adjusting their thinking, and there are also more legal options with which you may be able to clean up your record.
There are two ways for law enforcement to determine whether a driver is impaired. The Breath Analyzer and Field Sobriety Tests. Field Sobriety Test results are not always reliable, there are often other elements, such as the weather, or the ground surface in which the tests are performed. The question is are the results admissible in Court?
States and counties around the country have offered criminal defendants a number of alternatives to jail. These alternatives help to keep more people outside of overcrowded jails and provide an incentive to reform behavior.
Through the process of forfeiture, the government may be able to take away the property of a civilian. This may be because the individual is involved in criminal activity or because he or she owns property that was involved in criminal activity.
Drug Trafficking charges in Florida are basically only trumped up possession charges. This means that to prove drug trafficking, the state attorney only needs to prove that the defendant possessed a certain amount of a controlled substance – this amount is defined by Florida Statute 893.135 and is different for each drug.