Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
July 24, 2016 By HG.org
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.
Many states in the country have laws that criminalize sexting. In some states the act is charged as a felony when naked pictures are transmitted to someone underage. Teens and adults may be charged with possession of child pornography when these activities transpire.
More individuals are being arrested for child porn crimes through federally funded task forces. Online crimes of child pornography are a top priority, but ridding the internet of this content is difficult with advanced technology and computer experts.
Accusations of rape charges involving children often cause negative consequences without any arrest having been made. These are serious crimes with potentially devastating consequences if conviction occurs.
A defendant facing charges related to sexual crimes has the same right to a fair trial as any other person accused of a crime. A lawyer should be available that has knowledge of the crimes committed and how to defend the individual. Even though accused, he or she still has these rights.
Child porn crimes are often committed with online access. Peer-to-peer networks are frequently utilized to share and distribute pictures and video. When investigations are initiated to discover child porn offenders, it is important to know what these networks are and how they are used. Research into these crimes provides knowledge on how to convict criminals and how to use these networks to find predators sharing child porn media.
Sex crimes are prevalent in each state to varying degrees. Of these, many offenders are convicted of crimes involving interactions through the internet. Some use profiles to capture the attention of specific people, while others create or distribute illegal content such as child pornography.
Prostitution is an ongoing problem in many states. Exchanges of money, services or products with those selling their bodies occur with clients often in big cities, but even smaller locales witness such activity.
Many factors are taken into consideration in determining whether a particular crime is classified as a sex crime. However, sometimes new instances occur that have no precedence or history of transpiring in the public legal domain. When these issues arise, it is important to handle them with care and immediacy to reduce difficulties or complexities in the future.
Many states have specific laws that prosecute sex crimes in a harsh manner. In some instances, these same crimes are prosecuted as federal cases as well. These tend to be the more aggravated crimes among those also tried state-side.
Allegations of child abuse and molestation are enough to ruin careers, social standing and relationships. When charges are issued to these accused individuals, the seriousness of the possible penalties and consequences of the crime become reality. Jail or prison time is a real possibility to include potential fines, sex offender registration and the ruination of any social standing or professional reputation.
With the technology age firmly pushing the world into the future, texting with phones has become an everyday past time. As technology has evolved, texting friends and loved ones has done the same.
One of the most damaging crimes that a person is able to go through and usually survive is a sexual abuse offense. The harm done to the person physically heals over times, but the trauma of emotional and psychological injuries may last throughout the entire life of the victim. Often these wounds resurface from time to time with haunting memories and nightmares that force these individuals to recall details they would rather forget.
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years. Mandatory minimum sentences are in effect for these crimes, and the United States Congress has created sentences that keep lengthening.
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
According to the US Department of Justice, every year there are around 800,000 children who got missing or exploited. (October 2002 report) That's typically 2,185 children being reported missing every day.
Changes in California law have allowed a more lax statute of limitations for sex abuse cases. This permits victims of abuse from a greater amount of time to come forward to accuse their abuser. Their cases may also assist other claims by different victims when the same person has been accused of abuse.
Charges for assault are a common theme in many cities. Though these actions do occur in other areas, law enforcement officers often find assault allegations arise more in areas of condensed populations. Typically, these accusations occur with those in relationships, but assault may occur with other crimes connected. Sexual assault, aggravated assault, assault of a minor and other related crimes all tend to occur in higher numbers in these areas.
In the United States, every criminal defendant is presumed innocent until proven guilty. The case is assessed by a jury of their peers. These jurors may bring in their own experiences, beliefs and prejudices that affect how they vote regarding the defendant’s guilt or innocence.
Emotional, psychological and physical issues arise after the acts of sexual assault or rape to most victims. Many different issues may occur, but specific psychological ones may leave an impact on the life of those affected. It is important to know what these problems may be, how to cope with them and how to resolve or repair the damage.
Child pornography is rampant in the online world. The internet is rife with graphic images of every kind imaginable, and many of them are only a click away from downloading or streaming.
Sex crimes in Texas are very serious and harsh punishments are attached to conviction of these crimes. Because of the severity of these crimes and how harshly punishments may be administered, a convicted individual may find himself or herself sentenced to life in prison for some sexual offenses.
Sexual offenses are among some of the most serious charges to be accused of. Often these accusations affect lives negatively even if nothing becomes of them due to the sheer importance behind what a sexual offense is.
Prostitution in New York is defined as engaging in sexual relations with another person for money or services. This includes agreeing to engage in these activities or offering to do so. Typically, this crime is a Class B misdemeanor with a possible maximum of 90 days in jail. These crimes are common in certain areas of the city, and law enforcement agents may sometimes use prostitutes as informants for other crimes.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.