Criminal Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.

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Too Drunk to Fly? Federal Blood-Alcohol Limits for Pilots

  April 24, 2013     By The Law Office of Marc S. Kohnen
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.

Driving Under the Influence of Intoxicants in Oregon

  April 24, 2013     By The Law Office of Donald J. Molnar
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.

Texas DWI Traffic Crashes in 2011

  April 24, 2013     By Kirklin & Soh, LLP
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.

Unlawful Search and Seizure

  April 18, 2013     By MacDowell & Associates, P.C.
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.

Nevada DUI

  April 12, 2013     By Howard Roitman & Associates
Nevada DUI DUI Las Vegas

Study Reveals Texting and Driving Just as Risky as Drunk Driving

  April 10, 2013     By Kans Law Firm, LLC
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.

No Duty to Defendant for Criminal Charge that Could Include Fines

  April 9, 2013     By The Bottaro Law Firm, LLC
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: What to Do if You Are Arrested?

  April 5, 2013     By Galanter Law
Felony traffic offenses are the most serious type of criminal traffic offenses.

How to Expunge and Clear Your Criminal Record in Virginia

  March 28, 2013     By MacDowell & Associates, P.C.
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.

Criticism and Changes to the Maryland Sex Offender Registry

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.

Job Hunting with a Criminal Record

  March 25, 2013     By Law Office of Benjamin Nadig, Chartered
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.

Cultivating and Manufacturing Drugs in Arizona

  March 22, 2013     By The Law Offices of Howard A. Snader, LLC
Drug manufacturing offenses can be charged for the cultivation, production or possession of items necessary for the creation or growth of illegal drugs.

Semi Truck Scares Interstate Drivers in Wrong Lane

  March 21, 2013     By Fisher & Talwar
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.

Florida’s Cyberstalking Laws

  March 21, 2013     By Galanter Law
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.

Taking a Look at Some Common Defenses for Criminal Charges

  March 20, 2013     By The Clark Law Office
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.

Ohio Rape Case Begs the Question: How Drunk Is Too Drunk to Consent to Sex?

  March 18, 2013     By Mark Rosenblum, P.A.
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.

Contempt of Court Charges in Florida

  March 15, 2013     By Galanter Law
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:

Federal Child Porn Sentencing Guidelines

  March 14, 2013     By Joyce & Bittner, Attorneys at Law
In imposing sentences in Federal Court judges are required to consider the advisory sentencing guidelines adopted by the United States Sentencing Commission.

Changes to Arizona DUI Penalties - Senate Bill 1200

  March 14, 2013     By The Law Office of Kyle T. Green P.L.L.C.
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.

Online Publication of Mugshots in Florida

  March 13, 2013     By Galanter Law
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.

An IRS Criminal Investigation at a Glance

  March 12, 2013     By Barnes Law LLP
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.

Criminal vs. Civil Charges

  March 11, 2013     By Fisher & Talwar
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.

Daytime DUI Rising Across The Country

  March 9, 2013     By Kans Law Firm, LLC
Law enforcement officials agree that intoxicated driving during the day is a rising problem.

Voluntary Compliance #1 Goal for 2013, Reports Hawaii Department of Taxation

  March 8, 2013     By Richard Paul McClellan III Lawyer
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.

California School’s Duty to Report Abuse

  March 8, 2013     By Estey & Bomberger, LLP
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.

Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational

  March 6, 2013     By Greg Hill & Associates
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

  March 5, 2013     By Greg Hill & Associates
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.

Court May Not Commit a Mentally Retarded Person Without Showing Violence is Related to Retardation

  March 4, 2013     By Greg Hill & Associates
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.

Maryland Citizen’s Dream of Death Penalty Abolition Closer to Reality

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.

Collateral Consequences of a Criminal Conviction

  February 28, 2013     By Law Office of Benjamin Nadig, Chartered
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.

The Bail Review Problem in Maryland Criminal Justice

Often times defendants without legal representation end up getting held for criminal offenses when they shouldn’t be.

Underage Drug and Alcohol Risks

  February 22, 2013     By Joyce & Bittner, Attorneys at Law
As summer begins, so does the opportunity for teens and other underage people to try drugs and alcohol for the first time.

Amendment of FIAU Implementing Procedures - Malta

  February 20, 2013     By CSB Advocates
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.

Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Claims

  February 12, 2013     By Greg Hill & Associates
A victim may motivated by revenge or spite or even offering to dismiss charges with bribery.

Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges

  February 11, 2013     By Greg Hill & Associates
Proposition 36 amended the state's Three Strikes Law due to overcrowding of state prisons.

New York State Tops the Nation With Investment Fraud Schemes

  February 8, 2013     By Napoli Bern Ripka Shkolnik, LLP
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.

States with the Most Strict Marijuana Laws: Part 2 of 2

  February 7, 2013     By Jackson White PC
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.

States with the Most Lenient Marijuana Laws: Part 1 of 2

  February 7, 2013     By Jackson White PC
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 under Texas Law

  February 7, 2013     By Paul Darrow Law Firm, P.C.
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.

Child Pornography under Texas Law

  February 7, 2013     By Paul Darrow Law Firm, P.C.
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.

Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled

  February 6, 2013     By Greg Hill & Associates
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).

Ignition Interlock: A Simple Step Toward Preventing PA Drunk Driving Fatalities

  February 5, 2013     By Silvers, Langsam & Weitzman, PC
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

  February 5, 2013     By Greg Hill & Associates
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).

Spoliation: Destruction and Failure to Safeguard Evidence

  February 5, 2013     By Reeves, Aiken & Hightower LLP
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.

Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

  February 4, 2013     By Greg Hill & Associates
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.

FATF Recommendations to Turkey and Draft on Preventing Terrorism Financing

  February 3, 2013     By Herdem Attorneys at Law
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.

The Violence Against Women Reauthorization Act and Violence Against Men

  January 30, 2013     By Brian D. Perskin & Associates, PC
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.

What Are the Defenses to Possession of Child Pornography (Penal Code § 311)?

  January 30, 2013     By Greg Hill & Associates
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.

17 Year Old May Be Charged as an Adult with Federal 2nd Degree Murder Based on Lay Testimony

  January 29, 2013     By Greg Hill & Associates
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

  January 28, 2013     By Greg Hill & Associates
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.

What is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?

  January 24, 2013     By Greg Hill & Associates
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).

Classes of Felonies in Florida

  January 23, 2013     By Galanter Law
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.

Michigan Implied Consent & Drunk Driving Laws: The Double Edge Sword

  January 23, 2013     By Patrick S. Fragel, Attorney at Law, PC
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.

Man Who Impersonates Female’s Boyfriend while Having Sex Is Improperly Convicted of Rape

  January 23, 2013     By Greg Hill & Associates
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.”

Federal Judge Incorrectly Classifies Crack Seller as Career Offender

  January 22, 2013     By Greg Hill & Associates
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.”

Misdemeanors and Finding a Job in South Florida

  January 18, 2013     By Galanter Law
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.

Tips to Avoid DUIs and Protect Your Livelihood

  January 18, 2013     By Mark Rosenblum, P.A.
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.

DUI Penalties in Virginia

  January 17, 2013     By MacDowell & Associates, P.C.
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.

Thirteen New Crime-Related Laws to Know for 2013

  January 16, 2013     By Greg Hill & Associates
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.

Texas DWI FAQs from a Dallas DWI Lawyer

  January 16, 2013     By Clancy & Clancy Attorneys at Law
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.

What is a STATIC-99 Report?

  January 15, 2013     By Greg Hill & Associates
Prosecutors often ask for STATIC-99 report to document how dangerous a defendant is and to support a longer sentence or more onerous plea bargain.

South Carolina Implied Consent DUI Law

  January 15, 2013     By Reeves, Aiken & Hightower LLP
While most would agree that the most significant piece of evidence in a DUI case is the results of a blood alcohol test, cases do arise in which this information is not available. It then comes down to a debate between the arresting officer, and the defendant.

The Attorney-Client Privilege in Florida

  January 14, 2013     By Galanter Law
Communications between a client and his attorney are generally privileged under the attorney-client privilege, which is a legal and ethical concept that preserves the confidentiality of communications between a client and his attorney.

Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His Crop

  January 14, 2013     By Greg Hill & Associates
The issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.

Competence Legal Assistance for Homicide

  January 11, 2013     By The Mace Firm
Homicide charge can be serious. You are required to hire a lawyer with specialization in criminal law to prepare the murder defense.

How a Lawyer can help you in fighting a Traffic Ticket

  January 11, 2013     By Law Office of Mark Coburn
Are you convicted of a traffic law violation? A lawyer can come to your rescue in this difficult situation of yours. The lawyer after analysing your case details will acquaint you with different courses of action and their pros and cons. He will then, gather information about your case and examine the aspects of the offense charged against you.

Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation

  January 9, 2013     By Greg Hill & Associates
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.

DWI and Gastric Bypass Surgery

  January 8, 2013     By Kans Law Firm, LLC
A recent study published in the Journal of the American College of Surgeons shows that patients who undergo gastric bypass surgery take a longer period of time to process alcohol in the body which can lead to excess drinking and other problems.

Partygoers’ Convictions for Attempted Murder Based on “Kill Zone” Theory Reversed

  January 8, 2013     By Greg Hill & Associates
The Second Appellate District, in People v. J.S. (2012 DJDAR 16323), quickly recognized that the “kill zone” theory was based on principles of transferred intent. The court pointed out the distinction between the intent in murder and that in attempted murder.

Marietta White Collar Crimes

  January 8, 2013     By Henrickson & Sereebutra, LLC
In recent years, white collar crimes are on the rise due to easier accessibility to private information on the internet allowing for fraud, identity theft and embezzlement. Penalties can be harsh for this offense without the help of an aggressive attorney.

Kansas DUI Changes and 2012 Highlights

  January 8, 2013     By Steve Schanker, Attorney at Law
Effective July 1, 2012, the state of Kansas made some changes to its current DUI laws and penalties. One particular change that went into effect is how the state is now criminalizing chemical test refusals.

Judge Rules DUI Field Tests Inaccurate

  January 8, 2013     By Joyce & Bittner, Attorneys at Law
According to a recent report in the Pittsburgh Tribune-Review, on December 31, a Dauphin County Court of Common Pleas Judge ruled that machines, known as Breathalyzers and Intoxilyzers, cannot be considered accurate for specific blood-alcohol levels.

Judge Rules DUI Field Tests Inaccurate

  January 7, 2013     By Joyce & Bittner, Attorneys at Law
According to a recent report in the Pittsburgh Tribune-Review, on December 31, a Dauphin County Court of Common Pleas Judge ruled that machines, known as Breathalyzers and Intoxilyzers, cannot be considered accurate for specific blood-alcohol levels. He deemed readings between zero and 0.05 and readings above .15 percent potentially inaccurate.

What is Indecent Exposure (Penal Code § 314)

  January 7, 2013     By Greg Hill & Associates
“Exposing oneself” means to reveal your entire naked body. Exposing one’s “private parts” means to show your bare genitals. Showing a bare female breast is not considered exposing one’s “private parts” (or else breastfeeding mothers might face indecent exposure charges). Similarly, flashing someone your under wear, no matter how revealing or skimpy, is not indecent exposure for purposes of Penal Code § 314.

Failure to Comply with Requirements Under Taxation Law in Victoria

  January 7, 2013     By Doogue O'Brien George
In Australia, failure to comply with taxation laws can lead to a Commonwealth criminal charge. What happens if you are found guilty and what penalty can you receive? Know the law for this offense and what you should do if you are charged.

Explaining the Difference in Statutory Rape & Child Molestation Charges

  January 4, 2013     By Paul Darrow Law Firm, P.C.
Statutory rape and child molestation are two topics that are often confused. They both involve sexual relations with a person who is below the age of consent, and they both violate the law.

What Can You do if Your License is Suspended – Can I Get a License From Another State?

What can you do if your Pennsylvania driver’s license is suspended?

States in the U.S. with the Most Strict DUI Laws Vs the Most Lenient State DUI Laws

  January 3, 2013     By Jackson White PC
Drinking and driving is a dangerous and expensive risk that drivers take everyday. Every state enforces laws against driving under the influence, and many of those laws are standards across the nation. However, the level of enforcement and punishment varies from state to state.

Court Incorrectly Grants Certificate of Rehabilitation By Not Evaluating Recent Drug Offense

  January 3, 2013     By Greg Hill & Associates
The prosecution argued that the request for a certificate should be denied because the plain text of Penal Code § 4852.05 requires, the applicant to, during the period of rehabilitation, “live an honest and upright life… and obey the laws of the land.” As M.Z. admitted he committed a felony in 2007, the petition should be denied on that basis alone.

DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools

  January 3, 2013     By Greg Hill & Associates
Sometimes an officer will find someone sleeping in their car on the side of the road, often in the early morning hours. Other times, a driver will park his car along the side of the road and run into the bushes to urinate or vomit, only to meet an officer as the driver returns to the car, keys in hand.

Ten Year Restraining Order Proper for Mother Who Stalks Husband and Scares Daughter

  January 2, 2013     By Greg Hill & Associates
In November of 2007, Mrs. N.C. went to her husband’s house, where her daughter then lived. She took a Lynx Black Cat golf club with her and pounded on the front door of the house, demanding custody of her daughter. The daughter was inside and heard the pounding, but B. did not open the door. B. told Mrs. N.C. he would call the police. Their daughter “saw her mom and then ran to her room, crying.”

Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable

  December 31, 2012     By Greg Hill & Associates
This article will mostly cover just the first ground of the accused's appeal. The Fourth Appellate District began its analysis by nothing that there are five elements of the crime of making a criminal threat, according to In re George T. (2004) 33 Cal. 4th 620, 630, fn. omitted.

Florida Ignition Interlock Device Laws

  December 18, 2012     By Galanter Law
Traffic crime offenses in Miami, Florida can be categorized as both felonies and misdemeanors. The majority of traffic violations are considered civil infractions but there are cases where traffic offenses are deemed as criminal in nature.

Habitual Misdemeanor Larceny

  December 17, 2012     By King Law Offices
If A Defendant Has Four Or More Prior Larceny Convictions, A Subsequent Larceny Offense Is A Felony.

Breach of Intervention Order or Family Violence Order in Victoria

  December 13, 2012     By Doogue O'Brien George
Breaching an intervention order? If you live in the state of Victoria (Australia), breaching a condition of an intervention order could land you in prison for more than a year. So, how do you fight the breaching intervention order charges in Court? Read on to know the possible defenses.

Driving Under the Influence of Intoxicating Liquor or of Any Drug (DUI) in Victoria, Australia

  December 13, 2012     By Doogue O'Brien George
Charged with a DUI? What consequences are you likely to face if found to be under the influence of alcohol or drugs while driving? Learn about the criminal law for this traffic offense and get advice from an expert about how to deal with the charge in Court.

Failing to Comply with Reporting Conditions (Sex Offender Registry) in Victoria, Australia

  December 12, 2012     By Doogue O'Brien George
Are you listed on Victoria’s (Australia) sex offender registry? If you fail to comply with any of the reporting conditions, you will be charged with a criminal offense. Find out the law for this charge and know what exemptions are being accepted by Courts.

Driving While Texting

On March 8th, 2012 Pennsylvania will join 35 other states with a statewide traffic law banning texting while driving. Under Senate Bill 314, text messaging while behind the wheel will be subject to primary enforcement, which allows law officers to stop and cite offenders for that reason alone and will carry fines of $50. The new traffic law does NOT ban talking on handheld phones while driving.

What is Vandalism and Graffiti (Penal Code § 594)?

  December 12, 2012     By Greg Hill & Associates
A complaint alleging a violation of section 594 can be filed as a misdemeanor or a felony. When the value of the damage is less than $400, the complaint is for a misdemeanor violation; when it is $400 or more, the complaint is filed as a felony. However, it is possible to resolve cases as misdemeanor vandalism when the value of the damage is over $400 and defendant has no prior record.

What is Reckless Driving (Vehicle Code § 23103)?

  December 11, 2012     By Greg Hill & Associates
Reckless driving is defined as driving “a vehicle upon a highway in willful or wanted disregard for the safety of persons or property…” Under subsection (b) of Vehicle Code § 23103, this crime can be committed also in an off-street parking facility.

Holiday DUI Checkpoints

  December 11, 2012     By Galanter Law
Being charged with a DUI in South Florida has very serious repercussions. It is important to find a DUI defense attorney that will do everything in their power to ensure that a DUI conviction does not haunt you for the rest of your life. The best DUI defense attorneys in South Florida are often able to get a DUI charge expunged, leaving you with a license and a clean record to police and employers.

What is Assault (Penal Code § 240)?

  December 10, 2012     By Greg Hill & Associates
Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it.

Indecent Act with a Child under the Age of 16 in Victoria - Australia

  December 10, 2012     By Doogue O'Brien George
Obviously sexual offences are considered some of the most serious criminal charges in Australia – especially if the victim is a child. What legal consequences are there for indecent acts with a person under the age of 16? And how is this charge processed in Victorian Courts?

Collecting or Making Documents Likely to Facilitate Terrorist Acts in Victoria

  December 10, 2012     By Doogue O'Brien George
How does Victoria treat crimes related to terrorism? If you’ve been charged with collecting or making documents likely to facilitate terrorist acts, you need to know your rights when questioned. Learn how the charge is established and defended in Court.

Self Defense and Stand Your Ground laws

  December 9, 2012     By Advanced Investigative Technologies, LLC
The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.

Failure to Answer Bail in Victoria, Australia

  December 6, 2012     By Doogue O'Brien George
What legal consequences are there for failure to answer bail in Victoria? Know the law and the proper way of addressing legal issues arising from this bail offense. Read on to find out the elements and defenses for this charge.

Exceeding PCA in Victoria

  December 6, 2012     By Doogue O'Brien George
Exceeding the Prescribed Concentration of Alcohol is one of the drinking driving charges in Victoria, Australia. When can you be found guilty? Learn about the legislation for this offense and how it is established and defended in Court. Know what to do when charged.

Differences Between a Misdemeanor and Aggravated DUI Charge in Arizona

  December 6, 2012     By The Law Offices Of David Michael Cantor
The State of Arizona has some of the strictest DUI laws in the entire country. There are many differences between DUI charges, such as the differences between Misdemeanor and an Aggravated DUI charge in Arizona.

Destroying or Damaging Commonwealth Property in Victoria, Australia

  December 6, 2012     By Doogue O'Brien George
Have you destroyed or damaged a Commonwealth property? In Victoria, the act is a serious criminal Commonwealth offense that may result in up to 10 years in prison. Know more about the law for this offense and the legal steps you should take when faced with this charge.

Corrupting Benefits Given To, or Received By, a Commonwealth Public Official in Victoria

  December 6, 2012     By Doogue O'Brien George
What are the elements of the offence of the offense of giving benefits to a Commonwealth public official? Learn the Victorian criminal law for the offense of “Corrupting Benefits Given To, or Received By, a Commonwealth Public Official”.