Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
You have been pulled over but you are not sure why. You do not think you did anything wrong, but you get a ticket anyway. How do you fight it?
Homicide is the taking of a human life. Every state in the US has its own unique classifications of homicide, but these classifications generally fall into three general categories. Those general categories are murder, manslaughter, and justifiable homicide.
Have you ever heard someone talk about larceny and wondered why they called a theft by that name? What about robbery? How about fraud or embezzlement? What's really the difference between all these different types of theft? It can be an important question if you or someone you know is facing criminal charges or have been the victim of a crime. Following is a description of eight (8) different types of theft and what their respective elements include.
The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as safeguarding their intellectual property, financial information and the Company’s reputation, amongst others. Concurrently, critical digital assets are being targeted and the potential impacting businesses has never been greater.
Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.
How often do we hear the compound term “assault and battery” thrown around in courtroom television dramas or the nightly news? Were you aware that assault and battery are actually two different things? That they can have both civil and criminal implications? So what exactly is the difference between them, and why is this distinction important?
When thinking of shoplifting, you may think of Jean Valjean in Les Misérables who stole bread for his starving sister and was imprisoned for five years. But not everybody who shoplifts steals food because they're hungry. It doesn't matter what was shoplifted, or who did the shoplifting, it is still a crime, and is the most common type of theft happening today in the United States.
Regardless of where you live, driving under the influence is a serious offense with serious consequences, but California drunk driving laws can be especially confusing and difficult to maneuver. The best way to approach them is to work with a lawyer that is well versed in what the laws are and what they mean for you.
One very often used tool in the law enforcement tool box is the power to intimidate citizens into voluntarily giving up their rights, usually without even realizing they are doing it.
This is a step-by-step guide as to what you should do if you get pulled over for a DUI (Driving Under the Influence) or a DWI (Driving While Impaired). This is not a substitute for using common sense and avoiding behavior that might put you in jeopardy of being stopped for a DUI or a DWI. It is also not a substitute for getting assistance from a qualified, competent attorney. When in doubt, contact your lawyer.
Let's face it, being arrested can be a terrifying, stressful, confusing experience. From that point forward, things can move fast, get very complicated, and it may be very hard to know what to do or who to turn to.
Breathalyzers have had a long history of controversy over their effectiveness and validity when used as evidence in a court of law. The author details their history of failure and malfunction as well as their current problems.
Any activity involving the cannabis plant is a criminal offense. In all the jurisdictions, it is an offense to possess marijuana, transport marijuana, drive under the influence of marijuana, sell marijuana and grow cannabis. But scientific evidence verifies that marijuana has the following therapeutic effects:
Individuals convicted of drunk driving in Florida are often required to install Ignition Interlock Devices (IID) in their vehicles as part of their sentences. IIDs require drivers to take a breath test before their vehicles will start. Learn about IID laws in the state of Florida.
You have just been arrested for a DUI, oh how your world is going to change. If you are convicted you will face fines, possible jail time and loss of your driving privileges. Will you lose you job as well? Anything is possible, if you need to be able to drive to do your job, it could be in jeopardy. Consult an experienced DUI attorney if you are arrested, you have so much to lose, make sure that you aren't convicted.
A careful review of your case may find critical mistakes. Each may work in your favor and result in a dismissal of your case
What happens after you've been arrested for a OUI in Boston?
On the 15th July 2013, the Malta Financial Services Authority (MFSA) issued a Notice for the purpose of formally notifying all Financial Services License Holders of the recent publication of the Malta Financial Intelligence Analysis Unit (FIAU) Annual Report for 2012, issued in terms of Article 42(1) of the Prevention of Money Laundering Act (Chapter 373, Laws of Malta).
Each state has unique laws governing drinking and driving. Continue reading to learn about Arizona’s DUI administrative and criminal statutes.
The European Central Bank ("ECB") and the Economic and Monetary Affairs Committee ("ECON") have issued opinions following the adoption by the European Commission, on 5th February 2013, of a Proposal for a Fourth Anti-Money Laundering Directive and a Proposal for a Regulation on Information Accompanying Transfers of Funds, to reinforce the EU's existing rules on anti-money laundering and fund transfers.
The “Florida Ban on Texting While Driving Law” is set to go into effect on October 1, 2013 and has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.
The Hamburg Labor Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.
Sometimes jail just isn’t the answer. To help combat criminal activity in a more effective manner, alternatives to the standard criminal sentencing are being used, namely, drug courts.
The Florida Community Control Program places offenders under house arrest or electronic surveillance as an alternative to a traditional incarceration sentence.
A recent program has been initiated by the National Traffic Safety Board, and it is referred to as the “Sniffer.” The “Sniffer,” has been overshadowed by another proposal to decrease BAC levels from 0.08% to 0.05%; however, if enacted, it may have just as serious implications to drivers apprehended for driving under the influence.
Unlike speeding tickets, which are considered to be civil violations a reckless driving charge is defined as a criminal offense and comes with more, and more severe penalties. One will not be able to simply pay a fine and move on with their life if they are charged with a willful or wanton act.
Pursuant to the Illinois Driver License Compact (625 ILCS 5/6-700), the ‘home state’ of a driving license holder is the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
One of the more recent technological advancements in the criminal justice world is DNA analysis. More and more frequently, especially in Texas, DNA evidence gathered from a crime scene is used to identify someone who may have been present. It is also used to exclude someone from consideration as a suspect or to save him or her from a wrongful conviction.
Becoming the subject of an Internet investigation related to the online solicitation of a minor is life altering. Not only are there criminal penalties, but also if convicted sex offender registration rules apply and jobs and housing can be hard to come by with required background checks.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
Minnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.
If you have received a careless driving ticket in Broward or Miami-Dade County, you probably got the ticket due to being involved in an automobile accident where the officer investigating the accident found you to be at fault or the cause of the crash. A careless driving charge in Florida carries a four point penalty against your license. If you pay the ticket outright, these points will be assessed on your license, which will cause your car insurance rates to increase.
Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.
Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.
Several banking giants, such as HSBC and Standard Chartered, are currently being investigated by US regulators for alleged failings in anti-money laundering (AML) compliance. All fingers point to lapses involving outsourcing units operating without adequate oversight.
Internet solicitation of children and teens has been a persistent problem following the immense popularity of the Internet as a means of information and communication. The state of Florida has put in place adequate laws to deal with this problem firmly and reduce the risk of Internet surfers becoming victims of such online solicitation.
People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.
When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.
What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?
In the United States, the US Constitution's 4th Amendment provides protection for US citizens from unreasonable search and seizure.
In January 2013, a pilot was arrested after failing a breathalyzer test in the cockpit. The pilot was about to take off with more than 50 passengers aboard the plane.
A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
The Council on Alcoholism & Drug Abuse reports that approximately 16,000 alcohol-related traffic accident deaths occur every year in the United States. According to the Centers of Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA), alcohol plays a role in about one out of every three traffic fatalities.
In any situation, and for any alleged crime, police and other government officials have guidelines and limitations on their power to gather evidence against a suspect.
Most people are very aware of the dangers of drinking and driving, but texting while driving is becoming just as serious a threat on our public roadways.
From the tragic Station Night Club fire came a decision from the Rhode Island Supreme Court discussing R.I. Gen. Laws § 12-28-5. See Derderian v. Essex Ins. Co., 44 A. 3d 122 (R.I. 2012).
Felony traffic offenses are the most serious type of criminal traffic offenses.
Imagine finding the job of your dreams-only to be told you don't qualify because of a conviction from many years ago. Or imagine being able to get rid of that cloak of doubt that fills your head every time you see a checkmarked box that asks if you've been convicted of a crime. By expunging your criminal record, you can honestly answer “no” to this question, and employers outside of government agencies will not be able to see any past offenses.
Sex offender registries exist in one form or another across the nation, but there are differences state to state. However, most (if not all) state registries are public in nature.
Privacy is a thing of the past, and in a matter of minutes potential employers can have the ability to access public arrest records. In fact, in 2010 73% of companies conducted a criminal background check for all candidates.
Drug manufacturing offenses can be charged for the cultivation, production or possession of items necessary for the creation or growth of illegal drugs.
The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
While the Internet, email, smartphones, and the widespread usage of social media sites have improved our lives in many ways, they have also unfortunately become the breeding grounds for new types of crime.
This article describes the most common defenses used when facing a criminal charge. It's important that the accused are made aware of their rights so that they can properly defend oneself. Briefly describes self-defense, statute of limitations, alibis, entrapment, and insanity defense strategies.
An August 2011 sexual assault case that brings into question the validity of drunken consent to sex, is still being debated in Steubenville, Ohio. Members of organizations that work with victims of sexual assault across the country are pleased with the national attention this particular case is receiving, and regardless of the outcome, anticipate that the publicity will deter related crimes.
Unless you’ve been living under a rock, you’ve surely caught wind of the viral news story about Miami’s bad girl du jour: the foul-mouthed, bird-flipping teen Penelope Soto. Here’s a recap of the infamous February 2013 courtroom incident:
In imposing sentences in Federal Court judges are required to consider the advisory sentencing guidelines adopted by the United States Sentencing Commission.
The state of Arizona has extremely harsh penalties for DUI convictions. Starting in 2012, the Arizona legislature passed a bill to lessen some of those penalties.
A mugshot is a photographic portrait taken of a defendant by the police department after the defendant has been arrested and is in police custody. Typically, the arrestee will take one front-view photo and one-side view photo. The purpose of a mugshot is to provide law enforcement with a photographic database of all arrested individuals, which is then often used by victims and investigators for identification purposes.
The Internal Revenue Service Criminal Investigation Division serves the American public by conducting criminal investigations regarding alleged tax violation and various money laundering statutes. The IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. There is a long, complicated investigation process involving many levels of personnel that goes into prosecuting these types of criminals.
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
Law enforcement officials agree that intoxicated driving during the day is a rising problem.
The Hawaii Department of Taxation has announced its goals for 2013, and the #1 goal is to increase voluntary compliance. The Department is going to focus its outreach and enforcement efforts on non-compliant groups, including non-residents and persons "new" to the tax system.
In California, the responsibility of school employees to report suspicion of child abuse is not only a component of a person’s moral compass, it’s the law. Communities rely on places like institutions of education to provide an element of safety for children, and teachers and administrators are assumed to uphold that expectation.
In the following 2009 case, a DUI matter, O.M. was driving his car when hit by DUI Defendant R.P. on Beach Boulevard in Orange County. O.M. sustained broken ribs, back fractures and a serious knee injury.
A Principal in Disturbing the Peace May Be Sentenced to 25 Year-To-Life for Attempted Murder that Follows
A reasonably foreseeable consequence of two rival gangs disturbing the peace, in confronting each other is a weapons discharge, as did occur. Consequently, as a principal in disturbing the peace, the attempted murder conviction was proper. Therefore, the 25 years-to-life sentenced was proper.
A court trial was then held on the petition. The evidence was that he was diagnosed shortly after birth in 1966 with being mentally retarded, but not mentally ill until 1992 when he had a violent outburst at his family home and threatened to kill himself. In 1999, he began hearing voices, he said, and also began calling people on the phone incessantly. In 2010, police were called to R.C.’s home in response to an alleged criminal threat made by R.C. over the phone.
To execute just one innocent person is too much, even if it means that people convicted of offenses like homicide will escape the ultimate punishment for their crimes.
More and more often, the collateral consequences of a criminal conviction (often referred to as the four C's) are more serious than the direct penalties determined in court.
Often times defendants without legal representation end up getting held for criminal offenses when they shouldn’t be.
As summer begins, so does the opportunity for teens and other underage people to try drugs and alcohol for the first time.
The Malta Financial Services Authority has issued a Circular addressed to the investment services industry regarding the Prevention of Money Laundering and Funding of Terrorism (Amendment) Regulations 2009, following the revision of Part I of the Implementing Procedures which changes are being introduced through the inclusion of a new Chapter 9 and additional paragraphs to Section 6.1 of the Implementing Procedures.
A victim may motivated by revenge or spite or even offering to dismiss charges with bribery.
Proposition 36 amended the state's Three Strikes Law due to overcrowding of state prisons.
New York City is known as the nation capital for federal securities and investment fraud investigations and prosecutions. The most common claims in arbitration filed in New York include Breach of Fiduciary Duty, Negligence, Fraud/Misrepresentation, Failure to Supervise and Breach of Contract.
In the midst of marijuana reform, and even legalization in some states, there are many parts of the country whose marijuana laws remain stringent, and some states are even getting stricter.
2012 marked a year of marijuana reform, legalization and heightened freedoms for recreational users. While some states have taken steps back, others have begun to pave the way and have inspired conversations among lawmakers.
Sexual assault, or rape in Texas is defined as a person intentionally, knowingly and recklessly causing or threatening to cause bodily harm to another through sexual contact without the victim's consent.
Internet sex crimes are becoming more prevalent and more serious in today's technology-driven society where offenders falsely assume their online identity is anonymous. The Internet Watch Foundation confirmed 1,536 child sexual abuse domains on the Internet in 2008, 58% of which were housed in the United States. Child pornography is a $3 billion annual industry, and continues to grow with its' demand.
The reader of this article may understand that a .50-cal weapon fires a very large round, one that probably can take down a hippopotamus or even perhaps an elephant. It is used in the military often to penetrate buildings with stucco and drywall (the author of this article is a former Marine with seven years of active duty service, including combat experience).
The National Transportation Safety Board (NTSB) recently recommended that all states require ignition interlock devices for first time drunk driving offenders.
Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant
In 1994, California amended its law again so that any sex offense conviction-felony or misdemeanor-required continuous registration, regardless of expungement. This was Penal Code § 290.1 (1994).
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.
Under AB109, also known as the Criminal Justice Realignment Act of 2011, California began a policy to reduce its prison population to ease over-crowding. The overcrowding was deemed by the U.S. Supreme Court to constitute cruel and unusual punishment for the prisoners and thus a violation of the U.S. Constitution’s Eight Amendment ban against cruel and unusual punishment.
On 19 October 2012, the FATF (Financial Action Task Force) has decided to suspend Turkey’s membership on 22 February 2013 unless the following conditions are met before that date: (1) Turkey adopts legislation to adequately remedy deficiencies in its terrorist financing offence; and (2) Turkey establishes an adequate legal framework for identifying and freezing terrorist assets consistent with the FATF Recommendations.
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
Make no mistake about it. Possession of child pornography (Penal Code § 311) is considered a serious crime. However, it is subject to many defenses, regardless of whether defendant faces federal charges or state charges.
Congress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”
Defendant Removed from Courtroom Not Entitled to Have Audio Video Feed to Hear or See Testimony in Trial
Defendant appealed his conviction on multiple grounds, however, this article will limit its scope to Defendant’s argument that his state and constitutional due process rights to a fair trial were violated by not being provided a video or audio feed of trial proceeding after he was removed from the courtroom. Defendant had moved earlier for a mistrial on such grounds, but that motion was denied.
Penal Code § 288.4 is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony, depending upon the facts of the case and the client’s criminal history. It is most often filed as a misdemeanor if the defendant has absolutely no prior criminal history (excluding minor traffic offenses such as speeding or parking tickets).
Most states classify their felonies by class, ”a class D felony ” is a term that is often heard. Florida does not have Felonies that are classified by letter.
The Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.
Accordingly, the conviction was reversed and the matter was remanded for retrial, with instructions to the trial court to remove that part of the subject jury instructions which said, “or not aware of the essential characteristics of the act because the perpetration tricked, lied to, or concealed information from her.”
The U.S. sentencing guidelines defined “controlled substance offense “as an offense “as an offense punishable by a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance) with intent to manufacture, import, export, distribute or dispense.”
Finding a job with a criminal record can be very difficult. If you have had a misdemeanor in Miami, you need to understand the difficultly of finding a job and what to do about it.
The state of Florida does not take lightly the world of drinking and driving. To prove this, they have enacted some of the stricter penalties to try and combat the temptation a person under the influence might have to get behind the wheel.
Virginia's penalties for driving under the influence of drugs or alcohol are very strict. They range in severity depending on blood alcohol content (BAC) and whether or not the driver has any prior DUI convictions.
This article’s focus is narrower. The following new laws affect criminal liability, as they are additions to the Penal Code and involve criminal liability, meaning jail, prison, fines, seizure or forfeiture of assets. The laws are referred to by the AB or SB number, or Assembly Bill and Senate Bill number, respectively. Their statutory reference in the Penal Code will be established shortly, but are not at this time.
If you are facing DWI charges in Texas, or are just interested in the the drunk driving laws of the state, continue reading this article written by a DWI lawyer in Texas to learn more about this state's statutes. DWI and DUI laws differ in every state, so it's important to know the laws just in case you are charged with a DWI in Texas.