Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.
Audits Targeting Medicaid Abuse Fall Short
July 16, 2012 By Robert J. Kulas, P.A.
A recent report issued by the Government Accountability Office, the nonpartisan research arm of Congress found that a federal program designed to combat Medicaid fraud has resulted in cost greater than the amount of fraud the program identified.
Marijuana Law in Texas (Punishments for Sale and Possession Provided)
July 14, 2012 By Cook & Cook Law Firm PLLC
This article provides an overview of marijuana law in San Antonio and all other counties of Texas. Many people in San Antonio are charged with the Possession of Marijuana. The Texas Penal Code sets out the following law on Marijuana (the possession of it, and the sale of it):
Getting a Temporary License after a DWI (Driving While Intoxicated) in San Antonio
July 14, 2012 By Cook & Cook Law Firm PLLC
This article discusses what a person can do in order to legally drive after getting a license suspended in San Antonio, Texas. We estimate that approximately 45,000 people in Bexar County, Texas get their license suspended every year due to being charged with, or convicted of a DWI, DUI or other drug offense. In Texas, the law enables DPS to suspend the license when a person is arrested or convicted of Driving While intoxicated.
Can a DUI Lawyer in Seattle Help Me if I Refused a BAC Test?
July 13, 2012 By DC Law Group
In Seattle, it is possible to be arrested for driving under the influence of alcohol and to face criminal sanctions based on your refusal to take a blood alcohol test. A blood alcohol test, or a BAC test, is a test to determine if you are driving when over the legal limit. If you refuse this test, you need to call a DUI lawyer Seattle right away since you refusal can have serious consequences.
Protecting Cyprus Ships against Acts of Piracy and other Unlawful Acts
July 12, 2012 By Anastasios Antoniou LLC
Cyprus has enforced legislation which allows for the provision of private security services on board Cyprus ships for the purpose of protecting them and their crew and cargo from unlawful acts in sea, particularly acts of piracy in high risk seas.
Government Medicaid Audits Cost 5 Times What They Recover
July 11, 2012 By John R. Vermillion & Associates, LLC
In 2008, the federal government launched a Medicaid audit program designed to curtail the estimated $60 billion a year that Medicaid loses to fraudulent claims and overpayments. Since its inception, the program has performed about 1,550 audits, resulting in the identification of about $20 million worth of Medicaid overpayments and fraud.
Fraud Continues to Plague Medicaid System
July 11, 2012 By John R. Vermillion & Associates, LLC
Medicaid, the joint state and federal health insurance program designed to provide health care to the poor, needy, disabled, and elderly, loses billions of dollars in losses every year. Soon, that number may soon increase when the Affordable Care Act expands Medicaid coverage to millions more Americans. Of the $400 billion spent on Medicaid last year, it’s estimated that about 8% of it was lost to fraud and abuse.
Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)
July 11, 2012 By Greg Hill & Associates
In newspapers, one often reads of someone being arrested and charged with the possession of burglary tools. Perhaps one has even more personal knowledge of such charges. Rhetorically speaking, just what are “burglary tools?” If one is arrested while attempting to begin a residential burglary and is found to have blue latex gloves and a large black bag, are these “burglary tools?”
Necessary Research When Enlisting a Broker
July 10, 2012 By The Law Offices of Jonathan W. Evans & Associates
Before entering into a contract to remodel your home in California, it seems obvious to check on the contractor through the State Contractors License Board to make sure the construction company is licensed, insured, and that other pertinent information is available.
What is Robbery?
July 10, 2012 By Greg Hill & Associates
In movies and television, robbery is often portrayed as someone using a gun to take money from someone operating the cash register at a liquor store. The legal definition of robbery, however, is much broader. It is the taking of another’s property from his person or his immediate possession, against his will, by force or fear, with the intent to permanently deprive the owner.
Canada - Trial by Judge or Machine? What Will the Supreme Court Decide in R. v. Anic St- Onge Lamoureux?
July 10, 2012 By Aitken Robertson Professional Corporation
Man Against Machine: What Will the Supreme Court Decide in R. v. Anic St- Onge Lamoureux? The Supreme Court will shortly be giving its decision in the R. v. Anic St-Onge Lamoureux case, which is a case about the constitutionality of certain provisions in the Criminal Code with respect to drunk driving charges. Why should you be interested in a drunk driving case?
Vehicle Forfeiture in Minnesota
July 9, 2012 By Appelman Law Firm, LLC
When a vehicle is involved in a crime such as a DWI, often law enforcement will seize the vehicle as evidence. Upon arrest, the vehicle will be taken into police custody and a notice of forfeiture will be issued shortly thereafter. In Minnesota, this notice allows the owner of the vehicle 30 days in which to challenge the forfeiture. If they do not do so, then the state will take ownership of the vehicle.
What is Carjacking?
July 9, 2012 By Greg Hill & Associates
Carjacking is the theft of a car by means of force or fear (Penal Code § 215). Force or fear requires that the defendant actually inflicts physical force upon the victim or that the defendant threatens to inflict imminent physical harm upon a driver or passenger, or even someone outside the car. The key is that the threat be made or physical force be used to gain control of the car. For such reasons, carjacking is a strike offense.
Fraudulent Medicaid Claims Decreasing, but Still a Problem
July 4, 2012 By Robert J. Kulas, P.A.
As states across the country continue to struggle with solving their Medicaid funding problem, fraudulent Medicaid claims continue to plague the system. Last year alone, the federal government lost about $22 billion of Medicaid funds because of fraudulent claims. Because Medicaid is a jointly funded federal and state program, state losses are also thought to be significant.
Know Your Drunk Driving Terminology
July 3, 2012 By The Law Office of James Davis, P.A.
From the moment you see the blue lights in the rear view mirror, you should already know everything you can about the DUI laws in the state in which you live. Even though the most common arrests are on DUI charges, the jargon used is still somewhat confusing.
What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?
July 3, 2012 By Greg Hill & Associates
Commercial burglary, defined at Penal Code § 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.
When is Medicaid Planning Actually Fraud?
July 3, 2012 By Anderson, Dorn & Rader, Ltd.
If you have heard claims such as “protect your estate assets and still qualify for Medicaid” and wondered about the legality of the claims, you are smart to do so. Although it is possible to legally protect many of your assets and still qualify for the Medicaid program, it must be done carefully, and with the help of an experienced elder law attorney, in order to prevent Medicaid fraud.
Atlanta Criminal Defense Attorneys Discuss Sexual Assault Charges against Taxi Driver
July 3, 2012 By The Margolis Legal Group, Inc
Recent sexual abuse and assault charges against 55-year-old Pesure Alshahapy of Tucker, Georgia, could cost the man his livelihood and land him in jail, according to Atlanta criminal defense attorneys. Alshahapy, an Atlanta taxi driver working for Rapid Taxi, has been charged with sexually assaulting one of his passengers, a 16-year-old girl. Alshahappy has been jailed without bond since June 14th.
Our Youth Criminal Justice System: A Primer - Canada
July 2, 2012 By Aitken Robertson Professional Corporation
The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003. Its predecessor was the Young Offenders Act (YOA) which came into force in 1984, and before that we had the Juvenile Delinquents Act (JDA) of 1908. The YCJA is longer and more complex than what came before, and is meant to address the problems found in the previous regimes......
The Historical Journey of the Spousal Privilege
July 2, 2012 By John T. Floyd Law Firm
Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings - As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence.
Attorney Work Product Versus Grand Jury Subpoena
July 2, 2012 By John T. Floyd Law Firm
Protecting Attorney Client Relationship, Privileged Information from Government Subpoena - The attorney work-product and the attorney-client privilege are often confused with each other. Although related, insofar as they both concern the attorney client relationship, they are distinct privileges protecting different types of information for completely different rationales.
Judge in Michael Morton Case Faces “Court of Inquiry”
July 2, 2012 By John T. Floyd Law Firm
Investigation of Intentional Prosecutorial Misconduct by Williamson County DA’s Office - In the 1980s Michael Morton was wrongfully, and unjustly, convicted of the murder of his wife (here and here). To say that prosecutorial misconduct was the primary reason for Morton’s conviction would be the proverbial understatement.
Self-Defense: No Duty to Retreat
July 2, 2012 By John T. Floyd Law Firm
Core of Defense of Third Person is What the Actor Reasonably Believes Concerning the Situation of the Third Person - It was a hectic, confusing scene in Dallas on December 2, 2007. A fight broke out between two gangs: Kirby Block and Manett Boys. It was never clearly established what, or who, precipitated the fight.
The Clergy Privilege - Clergy Privilege Protects Communications Made in Confidence, Waived if Called as Character Witness
July 2, 2012 By John T. Floyd Law Firm
In a previous post, we outlined the case of Ernest “Randy” Comeaux, an inmate serving six life sentences for a series of rapes from the mid-1980s to the mid-1990s in Lafayette Parish, Louisiana. The background of the case can be found here. In November of 1998 Lafayette Police Department Captain James Craft received an anonymous telephone call that linked Comeaux to the rapes.
Attorney-Client Privilege - Special Rule of Privilege in Criminal Cases Provides Greater Protection to the Criminally Accused
July 2, 2012 By John T. Floyd Law Firm
Ernest “Randy” Comeaux is currently an inmate serving six life sentences, without the benefit of parole, at the David Wade Correctional Center in Homer, Louisiana. The facts of Comeaux crime were detailed by a Louisiana Court of Appeals in the matter of Smith v. Lafayette Parish Sheriff’s Department on April 24, 2004:
Confidential and Private - Evidentiary Privileges in the American Legal System
July 2, 2012 By John T. Floyd Law Firm
Writing in the Pittsburgh Law Review, University of California Law Professor Edward J. Inwinkelried discussed in detail the history and legal parameters of evidentiary privileges. He opened his treatise with this observation: “From society’s perspective, the rules governing privileged communications, such as those between a client and his or her attorney are arguably the most important doctrines in evidence law.”
What is Shoplifting and Its Defenses?
July 2, 2012 By Greg Hill & Associates
Shoplifting is the unpermitted taking of an item belonging to another with the intent to permanently deprive the owner of the item. It is defined as petty theft (California Penal Code § 484 (a)), which means the value of the items stolen is $950 or less. It is always a misdemeanor, but nonetheless serious because it is a crime of dishonesty and a conviction for this can have immigration consequences. Even the mere charges can destroy one’s employment opportunities and reputation.
The Impact of Smith V. Cain
July 2, 2012 By John T. Floyd Law Firm
High Court Misses Opportunity to Discuss Ethical Obligations of Prosecutors - For reasons we discussed in a previous post, the U.S. Supreme Court had an opportunity in Smith v. Cain to discuss the ethical discovery obligations of both federal and state prosecutors—an idea strongly suggested by the American Bar Association in their amicus brief filed in the case.
Federal Discovery and Inspection Procedures
July 2, 2012 By John T. Floyd Law Firm
Tunnel Vision Interferes with Duty to Comply with Discovery Obligations - Most litigation in federal criminal cases regarding discovery of evidence, or lack thereof, is based on claims of violations of due process protections found in the Fifth and Fourteenth Amendments of the Constitution.
Wrongful Conviction and Prosecutorial Misconduct
July 2, 2012 By John T. Floyd Law Firm
Filing Grievances, Request for Courts of Inquiry in Wrongful Conviction and Exoneration Cases - On December 12, 2011, writing for Mother Jones, Beth Schwartzapfel and Hannah Levintova published a piece titled “How Many Innocent People Are In Prison?”—a piece based in part on research conducted by University of Michigan Law Professor Samuel Gross.
The Ethical Implications of a Brady Violation
July 2, 2012 By John T. Floyd Law Firm
Disciplinary Action against Rogue Prosecutors Who Intentionally Engage in Wrongful Conduct, Brady Violations Rare - Among lawyers practicing criminal law, “Brady violation” is probably second only to a “Miranda warning” as the most recognizable legal term in this country’s jurisprudence; and, significantly, both of these U.S. Supreme Court decisions are designed to curb prosecutorial and law enforcement misconduct.
Brady Violations in White Collar, Corruption Convictions
July 2, 2012 By John T. Floyd Law Firm
Serious, Widespread and Intentional Concealment of Evidence by DOJ and US Attorneys - Former Alaska lawmaker, Vic Kohring, has entered a guilty plea admitting he accepted bribes from an “oil man” for his help in keeping taxes low on the Alaskan oil industry. The plea comes after an appellate court tossed out Kohring’s original conviction, along with others convicted in the scandal, after finding that the Government had intentionally withheld evidence in the trials.
Smith V. Cain: A Look at Prosecutor’s Duty to Disclose
July 2, 2012 By John T. Floyd Law Firm
ABA Files Amicus Demanding Disclosure of Exculpatory Evidence Regardless of Materiality, Broader than Brady - The Orleans Parish and Williamson County district attorney offices have something in common: both have a disturbing history of withholding exculpatory information that resulted in innocent men being sent to prison (or death row) for long periods of time (here, here and here).
More Shenanigans in Williamson County DA’s Office - DA Announces Policy of Hiding Brady, Potentially Exculpatory Evidence
July 2, 2012 By John T. Floyd Law Firm
We have become convinced that the only way the Williamson County District Attorney’s office will operate in a lawful and ethical manner is for the State Bar to assign an ombudsman to oversee its day-to-day handling of criminal prosecutions. The behavior of this office in the Michael Morton case has already triggered four investigations, including one by the State Bar (here and here).
“Prosecutor of the Year” Feels the Heat - Williamson County Justice System under Scrutiny by State Bar of Texas
July 2, 2012 By John T. Floyd Law Firm
Since our last post about the tragic case of Michael Morton, the “prosecutor of the year” in that case, now District Judge Ken Anderson, and his cohort, Mike Davis, who actually prosecuted Morton for the 1986 murder of his wife, face investigations by the State Bar of Texas and Morton’s attorneys, according to the Austin Statesman.
“Prosecutor of the Year!”
July 2, 2012 By John T. Floyd Law Firm
Williamson County District Attorneys Gain Distinction for Hiding Evidence, Wrongful Conviction and Hard Fought Cover-Up - Ken Anderson was a prosecutor in Williamson County, Texas, in 1986. In fact, he became Williamson County’s longest tenured district attorney with 16 ½ years as the county’s chief prosecutor and 5 ½ years as an assistant district attorney.
Proceed With Caution to Avoid Elder Financial Abuse
June 30, 2012 By Augulis Law Firm
There are some people who will go to any lengths to line their own pockets, and they will even stoop so low as to target senior citizens. Indeed, elder financial abuse is all too common these days and expert observers are finding that the problem is on the rise.
Several States Make Choking a Felony Charge
June 29, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
Several states across the country are moving to tighten the laws on choking and strangulation by making it a felony charge. Several states across the country are moving to tighten the laws on strangling. A much debated topic, choking and strangulation is one of the top domestic abuse crimes, but is not considered a felony by many states.
How to be Safe on the Fourth of July
June 29, 2012 By Ferrer Shane, PL
The NHTSA has rolled out its impaired driving prevention campaign because the Fourth of July just might be the most dangerous holiday to drive. “Drive sober or get pulled over,” says the National Highway Traffic Safety Administration (NHTSA), as part of its impaired driving prevention campaign. The campaign is intended to prevent impaired driving throughout the Fourth of July holiday period (July 2 – July 6), by promoting awareness and prevention through advertising.
The Florida DUI Court Process
June 28, 2012 By Denmon & Denmon Trial Lawyers
In every Florida DUI case, two separate cases flow from the same offense. Apart from a civil case filed against you with the DMV, you will also have to deal with criminal charges and penalties. There are several processes and procedures involved in an average Florida DUI criminal case.
Opening a Garage Door with a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed Burglary
June 27, 2012 By Greg Hill & Associates
Our offense has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other person. The caller asks us what we can do or they should do to prevent the other party from burglarizing their home, where they are no longer welcome.
Branding Young People as ‘Criminals’
June 26, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
Children and teens convicted of crimes face the prospect of being unfairly labeled as an offender during a time period when many experts believe their brains – and their resulting actions – are still developing. People love to classify and apply labels. It’s a natural human tendency.
Good Faith Exception to Execution of an Improper Search Warrant
June 26, 2012 By Greg Hill & Associates
It is well established law that probable cause for a search requires a “fair probability that contraband or evidence of a crime will be found in a particular place, based on the totality of the circumstances.” Dawson v. City of Seattle (9th Cir. 1983) 435 F.3d 1054, 1062 (quoting Illinois v. Gates (1983) 462 U.S. 213, 238).
Different Forms of Drug Crimes and Its Penalties
June 26, 2012 By The Mace Firm
Penalties of Drug crimes mostly depend on the amount of drug. Even if there is large amount of drug for personal use it will be concluded that you have intention to sell or deliver drugs. I you are involved in some form of drug case consult with a lawyer immediately.
Appoint a Lawyer to Recover Wrongful Death Compensation
June 26, 2012 By The Mace Firm
Death of a loved one left a family grief stricken, but they have to file a lawsuit if such death occurs due to neglect of some others. A financial compensation is not able to fulfill the loss of a person but it certainly protects the family from financial crisis for the sudden death. It will be best to appoint an attorney to recover the compensation.
What to Do if You Suffer a Slip and Fall
June 26, 2012 By The Mace Firm
Claim for the losses if you slip and fall due to neglect of some other entity. It is difficult to establish a personal injury case without lawyer’s assistance. A lawyer will support in every step of your case and will manage best compensation for the damages you suffered.
Appeals Court Holds, in a Romero Motion, that There is No Dismissal for Strikes Arising from Same Act
June 25, 2012 By Greg Hill & Associates
In 1999, Darlene Vargas was convicted of both carjacking and robbery arising out of her role in the theft by force of a car. In late December, 2008, Defendant faced charges of burglary, grand theft and receiving stolen property. In the complaint for this case, it was alleged that Vargas had the two prior convictions from 1999, both strikes.
The Rhode Island Veterans Diversion Program
June 22, 2012 By Law Office of Bernard P. Healy
Criminal Charges against Veterans who complete the Rhode Island Veterans Diversion Program are dismissed. The program itself is therapeutic, including confidential therapy and counseling. The Rhode Island Veterans Diversion Program is State wide and is available to all Rhode Island Veterans who are charged with criminal misdemeanors.
Animal Cruelty and Puppy Mills
June 22, 2012 By Stephen G. Rodriguez & Partners
The ASPCA estimates that up to 10,000 puppy mills are in operation across the United States. These mills facilitate unhealthy living conditions, but their cruelty often goes unnoticed because of minimal animal cruelty laws across the country. In California, individuals accused of animal cruelty may face severe penalties and fines.
Job Search Difficult for Ex-Offenders
June 21, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
It’s generally against the law for most employers to discriminate against job applicants on the basis of race and national origin, among other characteristics. But these same employers routinely refuse to even consider hiring someone with a criminal record. The applicant with a record goes to the bottom of the pile – or doesn’t get into the pile at all.
Having a Kansas City DUI Lawyer on Your Side is Essential When Arrested for Driving Under the Influence
June 20, 2012 By The Sandage Law Firm, P.C.
Driving under the influence is no big deal, right? It absolutely is; in fact, DUI is a serious criminal offense that is punished much more harshly today than it was a decade or two ago. If you or a loved one have been charged with this offense, even if it is a first, it is essential that you consult with a reputable Kansas City DUI lawyer.
Conviction Record Discrimination under the Wisconsin Fair Employment Act
June 20, 2012 By Walcheske & Luzi, LLC
Like arrest record discrimination, conviction record claims are not under federal law, but rather only under the Wisconsin Fair Employment Act. Also like arrest record discrimination, the same “substantial relationship” exception can be applicable.
Overview of Misdemeanor Charges in Las Vegas
June 20, 2012 By Potter Law Criminal Defense
Misdemeanor Charges - A misdemeanor is an offense that the criminal justice system considers less serious than a felony. The offense is normally punishable by fines up to $1,000 and imprisonment for up to six months. Felony offenses are punishable by a year or more in prison. Misdemeanor sentences are typically served in a local jail.
DUI Based on Being Under the Influence of Drugs
June 18, 2012 By Greg Hill & Associates
It is fairly uncommon for DUI to be prosecuted for a driver being under the influence of drugs, but it does happen in perhaps one in every 200 DUI prosecutions. The charges are just as serious as those of alcohol-based DUI, but there is no blood alcohol content (BAC) data to evaluate the severity of the intoxication. This is because in drug related DUI’s, there is only blood tests and urinalysis.
Basic Overview of RICO Charges
June 18, 2012 By Potter Law Criminal Defense
RICO Charges, Racketeer Influenced and Corrupt Organizations charges are extremely serious as it is not considered an individual's crime against society, but has harsher penalties due to the organized crime aspect in these charges.
Understanding Insurance Points in North Carolina
June 15, 2012 By The Law Offices of Darrin M. Gamradt, P.C.
In North Carolina, insurance points drastically increase insurance premiums. For this reason, having an attorney defend you in traffic court may save you from costly insurance points. In North Carolina, traffic tickets can be extremely costly, resulting in skyrocketing insurance premiums and sometimes a suspended driver’s license.
Maryland Needs More Effective Drug Sentencing Laws
June 14, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
All too frequently relatively innocent people are caught in a system that makes prison time the answer to a drug problem. Abandoning or modifying mandatory minimum drug sentencing in Maryland may be the only way to correct that injustice.
Should You Talk to the Police about a Crime They Think You May Have Committed?
June 14, 2012 By The Law Office of James Davis, P.A.
Your Miranda rights are in place for a reason and that reason is to protect your rights under law and to keep you from saying anything, which may be held against you later in court. If you are a witness to or know something about a crime, which has been committed, chances are good that you will be called or approached by police or other law enforcement officer.
Sixth Amendment Not Violated in Rape Case when Expert Introduces Hearsay that Supports Conviction
June 13, 2012 By Greg Hill & Associates
Benjamin Flourney allegedly raped L.M., in 2003 when she spent the night at his apartment. L.M. first went to one hospital the next day and reported being raped by a stranger. The next day, she went to another hospital, where she claimed the same thing. At the second hospital, police took her clothes and she was given new clothes, including new underwear. L.M. did not did not consent to an internal examination, so the nurse did not perform an internal examination with a speculum.
Arrest Record Discrimination in Wisconsin
June 13, 2012 By Walcheske & Luzi, LLC
Arrest record claims in Wisconsin are full of twists and turns, loopholes, and caveats. For this reason, they can easily get screwed up if you are not careful. We recommend that you always, always talk to an attorney about these situations.
Orange County Judge Reversed for Refusing Production of Internal Affairs Witness Statements
June 12, 2012 By Greg Hill & Associates
Edward Rezek was charged in Orange County Superior Court with delaying or obstructing a police officer in the performance of his duties (Penal Code § 148 (a) (1)) and vandalism (Penal Code § 594 (a)), both misdemeanors. Rezek allegedly punched the hood of a car driven by a private security guard in a parking lot at a Tustin shopping center, causing damage to the vehicle. The security guard then made a citizen’s arrest.
When Mandatory Minimum Sentencing Goes Wrong in Maryland
June 12, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
At sentencing, the judge indicated that he believed the defendant, yet because of mandatory minimum sentencing, he was obligated to sentence him to serve time behind bars anyway. A 45-year-old tow truck operator, searching for adult pornography on the Internet, claimed to have accidentally stumbled on a site linked to child pornography. The man then made a big mistake: he unintentionally downloaded 25 images of child pornography onto his home computer.
Do Crimes of Moral Turpitude Include Illegal Possession of Assault Weapon and Cultivating Marijuana?
June 11, 2012 By Greg Hill & Associates
When most people think of crimes of moral turpitude, the first thing that comes to mind is a conviction for robbery or perhaps rape. In the case of Solomon Gabriel, the issue was whether his prior convictions for unlawful planting, cultivating or harvesting of marijuana (Health and Safety Code § 11358) and unlawful possession of an unregistered assault weapon (Health and Safety Code § 12280) constituted crime of moral turpitude for purposes of impeaching his credibility.
Veteran’s Diversion Programs
June 8, 2012 By Law Offices of Robert H. Humphrey
In the article, the development and validity of veteran’s diversion programs will be discussed, as well as the research that has been conducted on the effects of PTSD on servicemen. Veteran’s diversion programs were created in several states in lieu of the Jail Diversion and Trauma Recovery—Priority to Veterans initiative that was brought about by the Substance Abuse and Mental Health Services Administration (SAMHSA) in 2008.
Five Men Charged with Armed Robbery in Newport Beach
June 8, 2012 By Law Office of Frances Prizzia
The consequences of armed robbery in the state of California can be severe. Much of the penalties are determined on whether or not it was first degree robbery or a second degree robbery. If the suspect was carrying a dangerous weapon that obviously worsens the verdict.
Oxycodone Bust Results in 98 Arrested in Long Island, Including Two Doctors and One Nurse
June 8, 2012 By Prime & O'Brien, LLP
Local authorities arrest 98 individuals in New York, including two Long Island doctors and a nurse practitioner. Investigations are being made to determine the level of involvement these medical professionals had in a recent prescription drug trafficking ring.
Severe Consequences for Drug Charges in Texas
June 8, 2012 By Law Offices of Q. Tate Williams, P.C.
Texas is not the only state to crack down on drug trafficking, possession, and manufacturing. The penalty for possession in the state of Texas vary based on the type of drug and the amount of the drug being sold or trafficked.
Importance to Appoint an Eminent Lawyer for Drug Case
June 8, 2012 By Hassett & Associates, P.A.
Drug charges can be of various types but penalties for each of them are quite harsh. Moreover, drug charges however minor it is can have adverse effects on career and life. So, it is important to counter such charges with Hollywood criminal lawyers. However, before appointing a lawyer be sure that he or she has adequate experience in this field.
Aggravated Harassment in New York
June 7, 2012 By Law Offices of Scott J. Limmer
Aggravated harassment in the second degree, a Class A misdemeanor, occurs when a person intentionally acts to harass, threaten, annoy or alarm another person, using a telephone, telegraph, the mail or any form of written communication, including electronic means. Simply making a call, even if no conversation takes place, can constitute aggravated harassment in the second degree.
Sex Crimes and the Sex Offender Registry
June 7, 2012 By Law Offices of Scott J. Limmer
It is also important to understand that you will be required to register under SORA for conviction of any sex crime, not just for sex crimes involving minors. This includes rape or sexual assault, child pornography, and molestation or sexual abuse of a child.
Prostitution and Patronizing a Prostitute in New York
June 7, 2012 By Law Offices of Scott J. Limmer
You can be charged with prostitution if you engage in, agree to engage in, or offer to engage in sexual acts with another person in return for money. Prostitution is a class B misdemeanor, with a potential sentence of not more than 90 days in jail.
Criminal Sale of a Firearm in the Third Degree
June 7, 2012 By Law Offices of Scott J. Limmer
In New York, if you sell, exchange, give or dispose of a firearm to another person, and you did not have the legal authority to possess the firearm, you can be charged with third degree criminal sale of a fire arm. Even though the 2nd Amendment to the United States Constitution grants individuals the right to bear arms, there are state laws in New York that restrict the sale of firearms.
Prosecutor Accused of Misconduct in Wrongful Conviction
June 7, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
The Brady Rule requires prosecutors to disclose any evidence they discover that is favorable to the defendant – but all too often, prosecutors fail to comply, citing their duty to zealously prosecute the alleged crime. In a criminal case, prosecutors have enormous resources available, including police investigators to conduct in-depth interviews and research, extensive databases, and facilities and staff to analyze evidence with sophisticated (but not infallible) laboratory testing and analysis.
Supreme Court May Modify Punishment for Youngest Offenders
June 7, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
The U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment. Baltimore residents may recall the headlines when, in 1999, a 14-year-old youth participated in a video store robbery in which one of the other robbers shot and killed the store clerk.
How is Bail Set?
June 6, 2012 By Greg Hill & Associates
It is easiest to think of bail as money one must give to the court in order to leave jail. The money is used as collateral to ensure one appears as ordered in court. If one does not appear, the court keeps the money. The money at issue is usually not deposited with the court. Instead, a bail bond company pledges to pay the full amount if the defendant does not appear.
Concealing the Risks of Dangerous Drugs
June 5, 2012 By Andrus Hood & Wagstaff
As more drug developers continue to conceal the potential risks of new drugs or medical devices, the frequency in which personal injury lawsuits are being brought up against them is exponentially increasing. It seems that more and more cases of dangerous drug liabilities and defective medical devices are coming to light in recent years.
Court Arraignment – No Trial
June 5, 2012 By The Law Offices of Jason K. S. Porter, P.A.
If you have gotten notification for an arraignment that lists “no trial” then continue reading to find out more about what this means. An arraignment, rather than a criminal trial, is a reading of a criminal complaint in an official setting in which the defendant is present. This arraignment will detail the nature of the crime and then allow the accused to respond.
What is GERD and How Does it Affect DUI?
June 5, 2012 By Greg Hill & Associates
There is a cliché that “Garbage in gives garbage out.” Nowhere is this seemingly more true, perhaps almost literally, than in the case of someone who suffers from GERD, also known as gastroesphageal reflux disease. GERD is also known as heartburn and has symptoms similar to those caused by acid reflux syndrome. Someone who suffers from GERD literally expels stomach vapor and gasses back up through their throat and out their mouth.
“I Didn’t Know I Had a Warrant!”
June 5, 2012 By Chernoff Law
Those who have warrants for their arrest are required by law to show up to their court hearings. Continue reading to find out if you have a warrant that you didn’t know about. Most people are familiar with the term “warrant” even if the extent of their knowledge only comes from crime shows or the evening news. A warrant is a court-issued document that required a person to show up for a hearing after they have been accused of a crime.
Atlanta Injury Attorneys Fight Cyberbullies
June 5, 2012 By The Margolis Legal Group, Inc
A Cobb County middle school student is taking a stand against bullies, employing the help of Atlanta injury lawyers to fight back and bring about justice. When she first learned of a fake Facebook page that her classmates had created in her name, fourteen-year-old Alexandria Boston of Acworth, Georgia, was devastated and hurt by the harsh posts and rude allegations that her peers were making.
How Much Time Will I Serve?
June 4, 2012 By Greg Hill & Associates
In nearly every case, our clients ask about how much time they will actually spend in jail or prison. This curiosity arises not just because of widespread media attention about jail and prison overcrowding resulting in shortened sentences, but out of concern for their employment, their family’s financial support and simple anxiety over being incarcerated.
First Arrest by Pilotless Drone Raises Fourth Amendment Questions
June 1, 2012 By The Law Offices of James E. Crawford, Jr. & Associates, LLC
The first American citizen to be arrested with the help of a pilotless drone in the U.S. is claiming his legal rights were violated when a drone flew overhead during a stand-off with police. Today’s citizens, including those in Maryland, have adopted as an integral part of their lives the new technology: the Web, mobile phones, tablets, etc. Much of this technology includes applications like GPS positioning.
It's the Cola: Pepsi Settles Conviction Record Discrimination Case
June 1, 2012 By Walcheske & Luzi, LLC
In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.
Most Americans in Favor of Medical Marijuana Laws
May 31, 2012 By Mesirow & Fink
While several states like California have medical marijuana laws in place that allow the production, distribution and sale of medical marijuana for medicinal purposes under strict regulations, the federal administration does not allow the sale of marijuana for any kind of purpose. New research finds that as many as three quarters of all Americans support state medical marijuana laws, and want the federal administration to respect these laws.
What Will It Take?
May 31, 2012 By D'Alessandro & Wright - Personal Injury
I just read a story in the local paper that a 24 year old man killed a 40 year old man because the 24 year old was driving the wrong way on interstate Route 95 in Providence, RI. Although there is no evidence yet as to intoxication or drug use, and everyone is presumed innocent until proven guilty, the facts of this case suggest that intoxication or drug use was indeed a factor.
DUI Lawyer in Seattle WA Warns to Use Caution this Summer
May 31, 2012 By DC Law Group
Summer is a season for fun in the sunshine, beach parties and many holidays. As your DUI lawyer Seattle WA knows, however, summer is also a season when many people get arrested for a DUI. DUIs are especially common in the summer for many reasons including both the increased likelihood of sitting around a BBQ or summer party drinking beers or other cool drinks and also the strong likelihood of DUI checkpoints on certain key summer days.
Four Reasons You Need to Hire a Seattle DUI Attorney
May 31, 2012 By DC Law Group
When you have been arrested for driving while intoxicated, hiring a Seattle DUI attorney is the only course of action that really makes sense. A Seattle DUI attorney can provide you with important legal assistance that you would not otherwise get from a general public defender or criminal defense attorney. Your Seattle DUI attorney will be your advocate and will help you to have the best chance of avoiding a conviction for DUI.
“Bad Cops” and Pitchess Motions
May 30, 2012 By Greg Hill & Associates
Our office often hears clients describe how a police officer made a traffic stop of them because they “look like a gang banger” or “because the cop knows me” or “because the police officer just wanted to check out my girlfriend, who was a passenger.” Our client may claim the officer planted evidence. Or our client may say the police lied in the police report or coerced a confession.
Guilty or Innocent, You Need a Kansas City DUI Attorney Who's Capable and Aggressive
May 29, 2012 By The O'Connor Law Firm
You've been pulled over for suspicion of driving under the influence, and you have had a drink. No sense calling a Kansas City DUI attorney, right? Or, you're completely innocent, so you have nothing to worry about. Wrong! Guilty or innocent, it is critical that you consult with an experienced Kansas City DUI attorney, who can help protect your freedom, your job and your driver's license.
CDO Attorneys Use their Skill and Expertise to Protect Investment Victims
May 29, 2012 By Diane A. Nygaard, PA
Why would you need an experienced CDO attorney? Unfortunately, investors are frequently taken advantage of or "scammed" by brokers and financial advisors, even in the area of collateral debt obligations. As these asset-backed securities were found not to be diversified enough when the stock market started to collapse, it became apparent that these CDO's were being sold by investment bankers, who then used the money to themselves profit.
Should I Waive a Jury Trial and Instead Have a Bench Trial?
May 29, 2012 By Greg Hill & Associates
In many cases, especially when the crime is publicly scorned (i.e. DUI, domestic violence, animal cruelty, sex offenses) yet a bona-fide defense exists, one should consider waiving a jury trial. The case is then tried to only the judge. This can make it easier to focus the case on evidence and argument that matters most toward a not guilty verdict, rather than spending a lot of time and effort persuading twelve jurors to put aside their biases.
Can I Withdraw My Plea Based on Ineffective Assistance of Counsel?
May 28, 2012 By Greg Hill & Associates
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
Children Exposed to Abuse, Bullying at Risk of Premature Aging
May 25, 2012 By Davis Levin Livingston
Any Hawaii personal injury lawyer who deals with cases of sexual abuse, knows that exposure to abuse, bullying and other forms of violent behavior in childhood dramatically affects a child’s psychological state. However, a new study finds that the effects of such exposure to violence may actually be more profound than we know.
New Team Chasing Insurance Scammers in San Antonio
May 25, 2012 By The Law Office of Rolando Ramos
San Antonio is the third city in Texas to enlist the help of a prosecutor and an investigator who are dedicated exclusively to cases of insurance fraud. Officials estimate that insurance fraud is estimated to cost the citizens of Texas around $300 more every year on premiums, and many people are left without insurance as a result.
The Not-So-Minor Penalties of Underage Drinking in Texas
May 23, 2012 By Knight Law Office
For decades, countless organizations and committees have been created to fight the criminal offense of underage drinking in the United States. Whether it is the gathering of a local community council, new bills proposed to state government or a national movement, people are always trying to lower the alarming number of teens and younger children who drink alcohol before the age of 21.
How Do I Have My Arrest Record Sealed and Destroyed?
May 23, 2012 By Greg Hill & Associates
Our clients who are unlucky enough to be arrested, but then, fortunately, the prosecutor decides not to file a case often ask if they can have the arrest record sealed and destroyed. After all, an arrest record is a public record. The client may comment that the mere record of the arrest affect child custody issues, adoption eligibility, licensing, insurance premiums, school admissions, credit applications and, most importantly, one’s reputation.
Conviction Reversed for Conspiracy to Commit Burglary of Junk Cars for Gasoline
May 22, 2012 By Greg Hill & Associates
The California Supreme Court has defined “building” broadly for purposes of burglary. Some may say that such liberal or loose definitions have led to convictions that were not legally correct. In the case of People v. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary.
The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273
May 22, 2012 By Ongoren Law Office
“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into force by publishing in the Official Gazette numbered 28093 and dated 03.02.2012. This Law brought radical amendments with respect to check which is one of the most important and vital payment instrument of the commercial life. The prison sentence concerning bad check has been abolished.
Restitution Order in Federal Court Improper When Calling for Immediate Payment
May 21, 2012 By Greg Hill & Associates
Jack Ward was convicted of nine counts of armed bank robbery. He was sentenced to 300 months in prison and ordered to pay $27,885 in restitution to the victims. The federal district court, without considering Ward’s ability to pay, ordered that the restitution payment be made “immediately.” This was impossible for Ward to follow, as he was broke and, once imprisoned, his earnings certainly did not allow “immediate” payment.
Basic Principles of Italian Criminal Law
May 20, 2012 By Studio Legale Canestrini
The principle of legality is affirmed not only in the Italian Criminal Code (Article 1 of which states that “no one can be punished for an act that is not expressly considered an offense by law, nor can sanctions be imposed that are not established by the law”), but also by the Constitution (Article 25 of which states that “no one can be punished if not in compliance with a law that was in force before the act was committed”).
