Criminal Law Articles

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




Arrested for DUI, Will I lose My Job

You have just been arrested for a DUI, oh how your world is going to change. If you are convicted you will face fines, possible jail time and loss of your driving privileges. Will you lose you job as well? Anything is possible, if you need to be able to drive to do your job, it could be in jeopardy. Consult an experienced DUI attorney if you are arrested, you have so much to lose, make sure that you aren't convicted.

44 Ways to Beat the Cops

A careful review of your case may find critical mistakes. Each may work in your favor and result in a dismissal of your case

Time of Arrest is Key in Drunk Driving Arrests

What happens after you've been arrested for a OUI in Boston?

FIAU Annual Report 2012 - Malta

On the 15th July 2013, the Malta Financial Services Authority (MFSA) issued a Notice for the purpose of formally notifying all Financial Services License Holders of the recent publication of the Malta Financial Intelligence Analysis Unit (FIAU) Annual Report for 2012, issued in terms of Article 42(1) of the Prevention of Money Laundering Act (Chapter 373, Laws of Malta).

An Overview of DUI Penalties in Arizona

Each state has unique laws governing drinking and driving. Continue reading to learn about Arizona’s DUI administrative and criminal statutes.

Proposals for a Fourth Anti-Money Laundering Directive - EU

The European Central Bank ("ECB") and the Economic and Monetary Affairs Committee ("ECON") have issued opinions following the adoption by the European Commission, on 5th February 2013, of a Proposal for a Fourth Anti-Money Laundering Directive and a Proposal for a Regulation on Information Accompanying Transfers of Funds, to reinforce the EU's existing rules on anti-money laundering and fund transfers.

FL Texting While Driving Ban Signed Into Law

The “Florida Ban on Texting While Driving Law” is set to go into effect on October 1, 2013 and has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.

Extraordinary Dismissal in Cases of Suspected Personal Enrichment - Germany

The Hamburg Labor Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.

Alternative Criminal Sentencing – Drug Courts

Sometimes jail just isn’t the answer. To help combat criminal activity in a more effective manner, alternatives to the standard criminal sentencing are being used, namely, drug courts.

House Arrest: Florida’s Community Control Program

The Florida Community Control Program places offenders under house arrest or electronic surveillance as an alternative to a traditional incarceration sentence.

Pending Litigation Determines Whether Alcohol “Sniffing” Device Violates the Fourth Amendment

A recent program has been initiated by the National Traffic Safety Board, and it is referred to as the “Sniffer.” The “Sniffer,” has been overshadowed by another proposal to decrease BAC levels from 0.08% to 0.05%; however, if enacted, it may have just as serious implications to drivers apprehended for driving under the influence.

How to Beat a Reckless Driving Ticket

Unlike speeding tickets, which are considered to be civil violations a reckless driving charge is defined as a criminal offense and comes with more, and more severe penalties. One will not be able to simply pay a fine and move on with their life if they are charged with a willful or wanton act.

Effect of out-of-state DUI Convictions in Illinois

Pursuant to the Illinois Driver License Compact (625 ILCS 5/6-700), the ‘home state’ of a driving license holder is the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

Increasing Use of DNA Evidence Both Convicts and Exonerates in Texas

One of the more recent technological advancements in the criminal justice world is DNA analysis. More and more frequently, especially in Texas, DNA evidence gathered from a crime scene is used to identify someone who may have been present. It is also used to exclude someone from consideration as a suspect or to save him or her from a wrongful conviction.

Investigators Deploy Various Tools in Texas Internet Solicitation Cases

Becoming the subject of an Internet investigation related to the online solicitation of a minor is life altering. Not only are there criminal penalties, but also if convicted sex offender registration rules apply and jobs and housing can be hard to come by with required background checks.

Michigan's MIP Law Offers Deferred Prosecution

The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.

The Minnesota Commercial Driver and DWI

Minnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.

Careless Driving Ticket in Fort Lauderdale or Miami

If you have received a careless driving ticket in Broward or Miami-Dade County, you probably got the ticket due to being involved in an automobile accident where the officer investigating the accident found you to be at fault or the cause of the crash. A careless driving charge in Florida carries a four point penalty against your license. If you pay the ticket outright, these points will be assessed on your license, which will cause your car insurance rates to increase.

Embezzlement in North Carolina Can Get You in Criminal Trouble with the State or the Feds

Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.

Discovering Evidence in Criminal Cases

Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.

Outsourcing of AML Compliance: How Far Can a Financial Institution Go?

Several banking giants, such as HSBC and Standard Chartered, are currently being investigated by US regulators for alleged failings in anti-money laundering (AML) compliance. All fingers point to lapses involving outsourcing units operating without adequate oversight.

Law against Internet Solicitation in Florida

Internet solicitation of children and teens has been a persistent problem following the immense popularity of the Internet as a means of information and communication. The state of Florida has put in place adequate laws to deal with this problem firmly and reduce the risk of Internet surfers becoming victims of such online solicitation.

Drug Convictions Disqualify Student Financial Aid Applicants

People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.

Special Consideration for Motorcycle Accident Caused by a Drunk Driver Crash

When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.

What to Do if Pulled over for Suspicion of Driving under the Influence

What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?

What Is Unlawful Search and Seizure?

In the United States, the US Constitution's 4th Amendment provides protection for US citizens from unreasonable search and seizure.

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

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

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

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

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

Nevada DUI DUI Las Vegas

Study Reveals Texting and Driving Just as Risky as Drunk Driving

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

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?

Felony traffic offenses are the most serious type of criminal traffic offenses.

How to Expunge and Clear Your Criminal Record in Virginia

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

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

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

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

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

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?

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

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

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

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

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

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

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

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

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

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

In the following 2009 case, a DUI matter, O.M. was driving his car when hit by DUI Defendant R.P. on Beach Boulevard in Orange County. O.M. sustained broken ribs, back fractures and a serious knee injury.

A Principal in Disturbing the Peace May Be Sentenced to 25 Year-To-Life for Attempted Murder that Follows

A reasonably foreseeable consequence of two rival gangs disturbing the peace, in confronting each other is a weapons discharge, as did occur. Consequently, as a principal in disturbing the peace, the attempted murder conviction was proper. Therefore, the 25 years-to-life sentenced was proper.

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

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

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

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

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

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

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

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

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

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

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

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

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

The National Transportation Safety Board (NTSB) recently recommended that all states require ignition interlock devices for first time drunk driving offenders.

Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant

In 1994, California amended its law again so that any sex offense conviction-felony or misdemeanor-required continuous registration, regardless of expungement. This was Penal Code § 290.1 (1994).

Spoliation: Destruction and Failure to Safeguard Evidence

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

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

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

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)?

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

Congress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”

Defendant Removed from Courtroom Not Entitled to Have Audio Video Feed to Hear or See Testimony in Trial

Defendant appealed his conviction on multiple grounds, however, this article will limit its scope to Defendant’s argument that his state and constitutional due process rights to a fair trial were violated by not being provided a video or audio feed of trial proceeding after he was removed from the courtroom. Defendant had moved earlier for a mistrial on such grounds, but that motion was denied.

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

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

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

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

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

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

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

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

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

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

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?

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

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

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

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

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

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

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

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

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

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

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

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

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)

“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.


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