Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law.
April 16, 2012 By Greg Hill & Associates
On the evening of July 20, 2010, Harley Paul Finney stabbed Chad Robinson more than ten times. Robinson almost died. During Finney’s trial in San Luis Obispo Superior Court, the jury was unable to reach a unanimous verdict on the attempted murder charge, but did return a guilty verdict for assault with a deadly weapon (Penal Code § 245 (a) (1) with a finding that Finney inflicted great bodily injury on the victim (Penal Code § 12022.7 (a).
April 13, 2012 By Law Office of Frances Prizzia
Special task forces and California Highway Patrol officers recently arrested 40 people suspected of driving under the influence of drugs or alcohol in Southern California. The CHP has been developing and implementing a variety of innovative enforcement programs over the past several years in an attempt to better enforce California’s strict DUI laws.
April 13, 2012 By Law Offices of Shane Smith
Enlisting help from a personal injury law firm in Decatur may be necessary if the motor vehicle accident involves a DUI and injuries. Talk to an auto accident compensation attorney now. If you’ve been injured in a DUI motor vehicle accident in which the other driver is at fault, there are some things you need to know when filing your injury claim.
April 12, 2012 By Law Offices of Aaron T. Hicks
Do you have questions about the Three Strikes Law in California? There are over 20 states in the U.S. which have specific laws set up in regards to offenders who habitually commit crimes. These are in place to ensure that someone who committed a crime twice will not do so again.
April 12, 2012 By Law Offices of Robert M. Bernstein
One of the growing problems in American households and divorce cases today is the occurrence of false accusations of child abuse. While a large percentage of child abuse accusations are true, accusing someone of child abuse is one of the easiest ways to earn the sympathy of the court and ruin the reputation of another. Being falsely accused of child abuse by a spouse, family member or someone outside of the family can be devastating and hard to handle.
April 12, 2012 By Law Office of James Davis, PA
There are many types of machines that conduct lie detector and polygraph tests. They all vary in the way that they conduct the test or the features that they offer. Some machines are more sensitive to others so that they can easily pick-up on the slightest variation in the vitals. The end result is the same an unreliable reading on if a person is actually telling the truth or not.
April 12, 2012 By DUI Attorney Los Angeles
There are strict laws regarding driving under the influence of drugs or drinks in most countries. The person can be fined heavily, may have to face strict charges, have his license suspended or even be given a prison sentence. Many U.S. states implement stringent guidelines on sentencing. DUI charges can be annoying and frustrating, especially if one is a first time offender.
April 11, 2012 By Richard S. Miller, Attorney at Law
Drug crimes are a common occurrence and many find themselves facing prosecution for allegations including any type of involvement with an illegal drug. Whether a crime includes trafficking, possession or manufacturing, any form can put a suspect at odds with the law.
April 11, 2012 By Greg Hill & Associates
To ensure a defendant’s appearance in court at a future date, law enforcement may set bail as a condition of releasing that defendant from police custody. Bail is a matter of right except in cases punishable by death, probation or parole violations and in certain public safety offenses. It can be paid in cash, personal check, money order or even a traveler’s check. Bail, however, is not excessive merely because a defendant cannot afford it.
April 10, 2012 By The Law Offices of Adam Allen Arant
Being charged with a DUI is never an enjoyable experience, but truck drivers who are charged with a DUI have even more to worry about. Drivers who possess a California commercial driver’s license, required to drive a commercial truck for a living, are at risk for losing their license and their job when they are charged and convicted of a DUI.
April 10, 2012 By Greg Hill & Associates
Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a “wobbler.” When the District Attorney’s office decides to bring the case as a felony, our office always considers whether and how we can reclassify the case as a misdemeanor under Penal Code § 17 (b).
April 9, 2012 By Law Offices of Aaron T. Hicks
What will happen to you if you are arrested for personal possession of cocaine or other controlled substances in San Diego under Health and Safety Code 11350(a)? Following is some brief information regarding an arrest for personal possession of a controlled substance in San Diego.
April 9, 2012 By The Nichols Law Firm, PLLC
In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.
April 9, 2012 By Greg Hill & Associates
Certain offenses, depending upon the circumstances, may be charged as an infraction or a misdemeanor. The most common examples of this are petty theft (Penal Code §§ 484 or 490.1), disturbing the peace (Penal Code § 415) and trespassing (Penal Code § 602).
April 6, 2012 By Garrison & Associates, PLLC
Fraud is one of the more serious criminal offenses that a person can be charged with. Though it is not serious due to a physical act of violence, in most cases, it is a serious offense in the sense that it can cause great financial turmoil for a victim of fraud and potentially put a victim or group of people in danger.
April 6, 2012 By The Law Office of Timothy Hessinger
Jail and prison are two locations that many people hope that they will never have to see in a lifetime. Fortunately, with the help of skilled legal counsel, you may have a fighting chance of avoiding jail by pursuing one of the many alternative options. If you have recently been arrested and charged with a crime, you may be wondering how you will handle this type of situation and what will come of the future.
April 5, 2012 By Richard S. Miller, Attorney at Law
After an arrest there are a number of steps that will be taken prior to the trial taking place. Being informed beforehand can save you difficulty if it is a situation you ever find yourself in. An arrest occurs when an officer takes you into custody for suspicion of any action that is illegal under the state or federal law. When arrested for a criminal accusation many people are unaware of what they will be in for.
April 5, 2012 By Law Offices of Vernon H. Smith III
This article gives advice on choosing an attorney when faced with a DUI charge in Georgia. In Atlanta, driving under the influence of alcohol has almost become a way of life. The public transportation systems are inadequate and the city itself is spread over an incredibly large area.
April 4, 2012 By JRLaw, PLC
If you have recently been arrested and had the charges dropped, you still need legal representation. As many people are unaware, there is no guarantee that a criminal arrest will not follow you into the future. Expunging your criminal record should be your main priority.
April 4, 2012 By Greg Hill & Associates
Since 1982, with the enactment of Penal Code § 1170.9, our state legislature has recognized the unique needs of military veterans in dealing with California’s sentencing guidelines. In 1982, our courts were witnessing Vietnam veterans struggling with psychological and chemical dependency problems that manifested themselves in everything from multiple DUI’s, domestic violence, substance abuse and fighting in public.
April 3, 2012 By Feldmann Nagel, LLC
It may surprise you to learn that a person living in Colorado is twice as likely to have their car stolen as a person living in New York City. According to the Colorado State Patrol, Denver has five thefts per 1,000 cars and a surprisingly large number of those thefts are carried out for the purpose of committing more serious crimes.
April 3, 2012 By DiNapoli & Corbo, P.C.
The current mayor of New York City, Mike Bloomberg, is notorious for his “stop and frisk” policy that is known by many New Yorkers as a repressive search policy in the NYPD arsenal. But a recent lawsuit has shed light on an even more oppressive tactic used by the NYPD that is known as the “Clean Halls program”. This program allows police to execute “vertical patrols” by going up into private buildings to conduct stop-and-frisk searches in the hallways without the landlord’s permission.
April 3, 2012 By The Martinez Law Firm
When you face charges for drinking and driving, you can greatly improve your chances of avoiding a conviction by learning as much as possible about how law enforcement agencies investigate and prosecute this crime. With a firm understanding of the process, you will be more capable of taking action to defend your rights.
April 3, 2012 By Falk & Ross, PA
Vehicular manslaughter is one of the most serious criminal charges you can face for a traffic-related violation, and it is most commonly seen in conjunction with charges like reckless driving or driving under the influence. If you or someone you know has been arrested for and charged with this type of crime in Fort Lauderdale, reach out to a team of criminal defense lawyers immediately.
April 3, 2012 By Falk & Ross, PA
Although it is often assumed that juvenile charges are not serious and will not result in any serious permanent ramifications, an assault arrest is treated very gravely by the court system. According to statistics, convicted juvenile offenders in Fort Lauderdale found guilty of assault are prone to repeat violence offenses in their future. As a result, the state often goes to lengths to prevent juvenile recidivism by aggressively prosecuting offenders.
April 3, 2012 By Greg Hill & Associates
A fairly rare, but highly effective defense to a charge of driving under the influence (DUI) when the BAC is based only upon a breath test is the “Mouth Alcohol” defense. The basis for this defense is, in a nutshell, “garbage in, garbage out.” In other words, if the breath test assumption that deep lung (alveolar) air only is being tested is wrong, the BAC measured is not an accurate measurement of blood alcohol levels.
April 2, 2012 By Greg Hill & Associates
A common and often successful defense to a charge of driving under the influence (DUI) is the rising blood alcohol content (BAC) defense. This office finds it is one defense that not only the Department of Motor Vehicles seems to understand, but juries do, too. The gist of this defense is that while one’s BAC may be measured at 0.08 or slightly higher, the BAC of the driver when driving was lower than 0.08 and thus legal, meaning it did not violate Vehicle Code § 23152(b).
March 30, 2012 By Law Offices of Aaron T. Hicks
Here are some of the most popular questions prospective clients ask after being arrested for a first time DUI in San Diego, California. 1. Will I Go to Jail? A first time DUI carries a maximum sentence of up to 6 months of jail, however this is seldom if ever imposed. Typically on a first time DUI, as long as there are no aggravating factors, you will not serve any additional jail time to what you have already served.
March 28, 2012 By Greg Hill & Associates
In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter. After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station.
Delay of Four Years before Filing First Degree Murder Charges not Sufficiently Prejudicial to Merit Dismissal
March 27, 2012 By Greg Hill & Associates
A jury convicted John Clyde Abel of first degree murder for the 1991 shooting and robbery of a grocery store owner. The shooting took place in a bank parking lot in the City of Orange. The judge sentenced Abel to death. During a part of the sentencing phase of trial, Abel conceded that he had robbed about twenty people in multiple scenarios over his lifetime that were never prosecuted.
March 27, 2012 By Law Offices of Vernon H. Smith III
This article details what will happen after an arrest and provides tips for negotiating the process. - What to Do if You Are Arrested. For many people, being placed under arrest is one of the most traumatic events of their lives. Most are in a position they never expected to be in, and are completely unprepared for what they are facing. This article will attempt to detail what you can expect and what you should do in Georgia if you are unfortunate enough to be placed under arrest.
With the explosive and continued growth of the internet, it is no surprise that more and more crimes are committed such as phishing, computer hacking, identity theft, fraudulent transactions and other illegal activity. If you have been accused of such an offense, it is critical that you speak with a capable Kansas City internet fraud attorney right away. Without effective legal counsel, your reputation, career and future are at stake.
Federal offenses are typically considered more serious than those charged at the state level, and the penalties are usually much more harsh. If you have been charged with such an offense, it is imperative that you seek the effective legal guidance of a Kansas City federal crimes lawyer.
When you are accused of or arrested for embezzling (whether innocent or guilty), it can be frightening and stressful. What will happen to you? Who can you turn to for help? An experienced Kansas City embezzlement attorney will answer all of your questions, guide you through what you can expect, and provide you with exceptional legal representation.
If you have been accused of or arrested for credit card fraud, your future and reputation could be in serious danger. Kansas City credit card fraud attorneys know that without skilled legal representation, you may be facing monetary fines, jail/prison time, a permanent criminal record and community service, among other penalties.
Whether you've been arrested for driving on a suspended license, hit and run, reckless driving, speeding or eluding police, it is critical that you obtain the services of a skilled Fairfax traffic defense lawyer. Why? Your driver's license is at stake, and you may face serious penalties which can impact your life.
If you have been arrested for possessing an illegal drug or substance, you may think there is really no point in consulting with a Fairfax drug possession lawyer. Even if you are guilty, it is essential that you have skilled legal counsel on your side.
Why an Arlington Traffic Defense Attorney is a Good Idea, Even if You've Been Issued a Speeding Ticket
Yes, even a seemingly non-serious speeding ticket can be considered reckless driving, which means you could face serious penalties. An Arlington traffic defense attorney has in-depth understanding of the traffic laws, and how serious violations can affect those who commit an offense - and even those who are innocent of the charges against them.
In Virginia, a juvenile is a child any age below 18 years. A juvenile delinquent is a child who has been involved in a crime that would have been legally punishable, had the individual been an adult, and is under the age of 18 years.
March 27, 2012 By The Law Office of Robert B. Abtahi
Whether you're a witness or accused, when you're facing a grand jury it is important to get the appropriate legal counsel from a Dallas criminal attorney. Since this process may be entirely new to you, you need to learn how to handle certain questions and what evidence you ought to present to defend yourself. A criminal lawyer in Dallas insures that you use all evidence available to you to prevent the charges and punishment.
March 27, 2012 By Florida Sex Crimes Attorneys
A Report from Your Florida Sex Crime Attorney - Rape is a horrific crime. Whether the assailant is a stranger, friend, or intimate partner, millions of people have been forced to endure the trauma, depression, and anxiety that comes with such an intimate violation. Florida rape lawyers witness the destruction that date rapes and stranger rapes can wreck upon a person’s psyche and can offer legal advice and support. However, there is one place survivors do not get the support they need: prison.
March 26, 2012 By Greg Hill & Associates
Since AB109, the measure to realign California’s overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains. While split sentencing has not quite caught on in Los Angeles County as it has in other counties, it may gain popularity as the jails become more and more crowded over the next year. Currently, the majority of split sentences apply to felony sentencing, but it can equally apply to misdemeanors, too.
March 24, 2012 By Fikadu Asfaw and Associates Law Office
The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.
March 22, 2012 By Chernoff Law
The ignition interlock device (IID) is a common penalty to befall many Texan drivers who are arrested for drunk driving. Still, there is still a large misconception about the machine, as well as what it does.
March 21, 2012 By Law Offices of Aaron T. Hicks
Driving under the influence of alcohol is an extremely serious charge that can have lasting consequences to that person who is arrested if they are ultimately convicted.
March 21, 2012 By Law Offices of Shane Smith
When someone makes the decision to get in their car and drive after having too many drinks or while under the influence of another substance, that person is deciding that their convenience is more important than the safety – and the lives – of others who might be on the road.
March 21, 2012 By Greg Hill & Associates
In vandalism, certain theft cases such as shoplifting and embezzlement, and criminal cases involving automobile property damage, a judge may dismiss the case if he or she is satisfied that the victim has been fully compensated for the loss or repair costs and it not desirous of prosecution. In other words, the monetary value of the loss or damage has been settled in a civil manner and the criminal court no longer has any need to be involved.
March 21, 2012 By Drake Law Firm
This article provides a general overview of the possible routes to recovery for individuals injured by a drunk driver in Alabama. In recent years, nearly one-third of all deadly Alabama car accidents involved drunk drivers. Many times, the victims of drunk-driving accidents suffer substantial property damage and personal injuries while the intoxicated driver is unharmed.
March 20, 2012 By Greg Hill & Associates
For six years, Defendant Joseph Robert Horvath and his wife tortured, beat and maimed their adopted daughter, starting when she was nine and ending when she was fifteen. The wife thought her husband was sexually molesting the daughter, so she beat the girl until she confirmed this was so. Then the husband would take over and beat the girl for such an accusation, which was false.
March 19, 2012 By Greg Hill & Associates
The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution forbids a second trial to allow the prosecution a second, redundant opportunity to supply evidence which it failed to introduce in the first trial. In other words, the prosecution cannot make repeated attempts to convict an individual for an alleged offense if it fails to do so on its original attempt.
March 19, 2012 By Richard S. Miller, Attorney at Law
Kidnapping is a serious offense that is harshly considered by the legal system. Those accused, right or wrong, will have a tough case before them to prove their innocence.
March 15, 2012 By The Samuelson Law Firm
In the past month, lawmakers in the state of Colorado have vocalized concerns that too many youth are being charged as adults, and they are now trying to scale back the authority that prosecutors have in the state. Colorado prosecutors have always been able to charge juveniles as adults when they commit serious crimes because of a process called a “direct file”.
March 15, 2012 By Greco & Associates, Attorneys at Law
If you or a family member were arrested for driving while intoxicated, it is important that you have all the information you need regarding your case. Knowing about the charges you may be facing could help you make the best decision about keeping your freedom. Driving while intoxicated (DWI) is a criminal offense throughout the United States.
March 15, 2012 By Cain Firm, Attorneys
In most states, assault and battery are two separate charges that are almost always charged at the same time. If you have been charged with assault, battery, or both, you will need to know the difference between these charges and how they will affect your future.
March 14, 2012 By Greg Hill & Associates
Upon being arrested and booked for DUI, one is issued a temporary driver’s license under most circumstances. This temporary license is on pink sheet of paper and, in small print, advises the recipient that unless he or she contacts the DMV to reserve a hearing within ten days of the arrest, the license will be automatically suspended.
March 14, 2012 By The Martin Law Firm, P.C.
The Pennsylvania State Police as well as local police forces throughout Montgomery County, PA will be on roving patrols throughout the region to catch drunk drivers this St. Patrick’s Day, Saturday, March 17, 2012. PA police also plan to set up DUI checkpoints in various spots throughout the area to catch drunk driving offenders.
March 14, 2012 By The Zalkin Law Firm P.C.
Sexual abuse against children is one of the most heinous crimes that can be committed. According to police officers, even convicted murderers despise those who have sexually abused children. Child sexual abuse can be divided up into three categories: sexual exploitation; non-touching sexual offenses; and touching sexual offenses.
March 13, 2012 By Rosenfeld Injury Lawyers
Yesterday we discussed potential signs of mistreatment or abuse in a day care setting. Today we continue our discussion regarding child abuse as we consider the signs of various types of abuse. While many of these topics are exceptionally troubling, as parents it is important to pay attention to changes in the behavior of our children and recognize the importance of addressing these issues head on.
March 13, 2012 By Daniel & Hudson
White collar crimes are non-violent crimes that usually occur in the business world. If you have been accused of fraud, embezzlement, or money laundering you need to learn as much as you can about the charges you are facing. White collar crimes were given their name due to the fact that they are usually committed by business professionals within their workplace.
March 13, 2012 By Greg Hill & Associates
In a major victory for criminal defense attorneys in the San Francisco area, the San Francisco District Attorney’s Office announced this week a joint investigation into the San Francisco Police Department’s use of PAS (preliminary alcohol screening) devices for at least the last five years.
March 13, 2012 By The Margolis Legal Group, Inc
We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?
March 12, 2012 By Tylden Shaeffer, Attorney at Law, PC
If you have been accused of a violent crime, it is imperative that you have all the information regarding your case. Learn about the possible charges and penalties. According to the United States Bureau of Justice Statistics, violent crimes include assault, robbery, rape and sexual assault, and murder. The Federal Bureau of Investigation categorizes violent crimes by whether or not force or the threat of force was involved in the crime.
March 12, 2012 By Tiemann Law Firm
Contrary to popular belief, DUI arrests do not have to lead to an ultimate conviction each and every time. With a knowledgeable and tenacious attorney, your chances of avoiding a conviction are far greater. It’s unlawful to operate a motor vehicle with a blood alcohol concentration of .08% or greater in all 50 states.
March 12, 2012 By Greg Hill & Associates
Within the last two years, there have been two successful challenges to tickets issued based on “red light camera” photographs and videos for violation of California Vehicle Code § 21413 (failure to stop at a red light).
March 12, 2012 By Tiemann Law Firm
There are multiple levels of sex crimes which are criminalized in the state of California, many of which carry mandatory sex offender registration. Hiring an attorney may be your only line of defense against a criminal accusation. In the state of California, many different forms of non-consensual sexual contact have been categorized as a sex crime.
March 9, 2012 By Rosenfeld Injury Lawyers
Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the city’s West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.
March 9, 2012 By Rosenfeld Injury Lawyers
In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Smith v. Iowa Department of Human Services (755 N.W. 2d 135) Parties: Plaintiff (Appellee) - Smith - Defendant (Appellant) - Iowa Department of Human Services Court: Supreme Court of Iowa (2008)
Granddaughter Guilty of Financial Elder Abuse through Embezzlement and Moving Grandmother Out of Home
March 8, 2012 By Greg Hill & Associates
Our office receives numerous phone calls about financial elder abuse, usually involving quit claim deeds of property and / or second mortgages that go unpaid, resulting in a home foreclosure. It is unusual for law enforcement to take action in such cases, as such problems are seen as civil, not criminal, in nature.
March 6, 2012 By De Castroverde Law Group
What are the common types of drug charges? A defense attorney can help you understand the truth about drug possession, cultivation, trafficking and all other common offenses. Drug crimes are those types of criminal offenses committed in relation to the possession, sales, trafficking, or cultivation of illegal substances.
March 6, 2012 By Greg Hill & Associates
California Penal Code § 529 makes it a crime to use a false identity to create or exploit a written instrument. The statute’s intent is to make it illegal for one to create liability for an impersonated person for a financial or legal obligation. The statute is a “wobbler,” meaning it can be prosecuted as either a felony or a misdemeanor.
March 5, 2012 By Thomas & Paulk, PA
The number of drug manufacturing plants across America is growing, but the majority of illicit drugs in our country are imported from other countries in South America and the Caribbean and Mexico as well.
March 5, 2012 By Greg Hill & Associates
Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.
March 4, 2012 By Law Office of James Davis, PA
Florida drug laws are rather strict when compared to other states. Not only will a person convicted of possession or any other infraction of a drug law lose their license for two years, but they will also be facing fines and in some cases jail time. The state of Florida wants the residents and visitors to the state to understand that they are not playing around when it comes to the war on drugs.
March 2, 2012 By Herron Law, LLC
Driving while under the intoxication of alcohol or drugs is a practice that is illegal throughout the United States. The specific penalties and consequences for DUI and DUII charges are determined by each individual state, and the acceptable level of blood alcohol concentration is unique to every state as well. If a police officer suspects a driver of driving while intoxicated, they may pull the driver over and request a test to determine alcohol-level.
March 2, 2012 By Dichter Law Office
Vehicle impoundment is a popular penalty imposed by law enforcement agencies for crimes such as DUI or failing to pay a traffic ticket on time. Having a vehicle impounded is a serious hindrance for the owner of the car, and may affect their ability to work and live a normal life.
March 2, 2012 By Martin & Wallentine
Have you been arrested or charged with a DUI offense? If so, the ruthless process of the criminal justice system has already started and you need to act quickly to defend your rights. DUI charges can be complex matters because you will be facing both a criminal and civil case with the possibility of severe consequences. From the moment you are charged, you will have a mere 14 days to request an administrative hearing to save your driver’s license.
March 2, 2012 By Greg Hill & Associates
California’s Three Strikes law contains sentencing requirements that add time to one’s sentence if the individual has a prior conviction for a “strike offense.” “Strike offenses” are generally described as serious or violent felonies, such as murder, rape, armed robbery and arson, but can include other offenses that seem, by comparison, not too serious or violent. This often results in sentences one court described as “arbitrary, capricious and patently absurd.”
February 29, 2012 By Taracks Gomez & Rickman
Driving under the influence of a prescription medication, an illegal substance or an over-the-counter medication can be as unlawful as drunk driving. In the state of Florida, DUI is defined as driving under the influence of alcoholic beverages, chemical substances or controlled substances. What does this mean? It means that it is unlawful to operate a motor vehicle when your normal faculties are impaired by the means of alcohol, or any other substance.
February 28, 2012 By Fagan, Fagan & Davis
While many people brush off a misdemeanor offense as a minor violation of the law, this serious crime can have a lasting effect on your life and your criminal record. Continue reading to learn more about the effects of a misdemeanor conviction on your record.
February 28, 2012 By Brown Law Firm
If you or a loved one is facing accusations of driving under the influence, there are ways to fight against a conviction. Learn how you could get your case dismissed by challenging the evidence against you and the method by which it was obtained. In the U.S., it is illegal to drive with a BAC (blood alcohol concentration or content) of 0.08% or above.
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc
The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.
February 28, 2012 By Greg Hill & Associates
In the early morning hours of June 3, 2008, a silent alarm was triggered at a Murietta Best Buy. Police arrived and found “a large hole cut in a side steel door leading into the store that appeared to have been made by a torch.” Inside the store, police found a locked camera cabinet that had been forced open. A store security video showed a man in a hooded sweatshirt taking video recorders and cameras worth approximately $24,600 from the cabinet.
February 28, 2012 By Baker, Lewis, Schwisow & Laws, PLLC
Have you been charged with a crime in the past? If you have been accused and convicted of a criminal offense, your ability to secure work, housing, public benefits and financial aid in the future may be significantly impacted. The state of Washington has enacted laws that created a process for individuals who have a criminal record to clear misdemeanors, gross misdemeanors and felonies from their criminal record.
February 27, 2012 By Greg Hill & Associates
With the exception of limited marijuana offenses, legal aliens are subject to deportation once convicted of any drug (or narcotic) crime in California. 8 U.S.C. § 1227(a)(2)(B). “Any” means simple possession of methamphetamine, cocaine, ecstasy (“X”), phencyclidine (“PCP”), codeine, hydrocodone (“Vicodin”), ketamine (“Special K”), gamma-hydroxybutyric acid (“GHB”), heroin, peyote, and many other drugs, including prescription drugs without a valid prescription.
February 23, 2012 By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:
February 23, 2012 By The Law Offices of Angelo R. Bianchi, LLC
Expungements serve an important purpose of the law: allowing criminal defendants to wipe their criminal history clean, so long as they do not abuse this privilege. Understanding the New Jersey statutory framework is critical before an attorney should attempt to submit a petition to the courts. Below is a short, capsule guide to navigating the (surprisingly) detailed law for expungements.
February 21, 2012 By The Schneider Law Firm
It is unlawful to operate a motor vehicle with a BAC of .08% or greater nationwide. The state of Georgia is particularly harsh with their DUI punishments and much like other criminal offenses; you will need a competent attorney to help you retain your driving privileges and your freedom.
February 21, 2012 By Greg Hill & Associates
Our office often represents folks accused of domestic violence and who are not U.S. citizens. A big issue is consequently the effect of a conviction on their ability to legally remain in the United States and return to the United States if they leave for any reason.
February 21, 2012 By The Martin Law Firm, P.C.
At least two states are considering legislation to ban DUI checkpoints on the basis that checkpoints violate citizens' rights. DUI checkpoints are stationary roadblocks conducted by police officers who make suspisionless stops to check for intoxicated drivers. If it is determined that a motorist who passes through a DUI checkpoint is intoxicated, he or she will be arrested for driving under the influence of alcohol or controlled substances under 75 Pa. C.S.A. § 3802, the PA DUI law.
February 21, 2012 By Florida Sex Crimes Attorneys
For the first time since 1920, the FBI has updated its definition of rape in a move hailed by feminists, rape crisis centers, police, victim’s rights advocates, and Florida rape lawyers. The old definition of rape was the vague “carnal knowledge of a female forcibly and against her will.” The new definition is far more in line with current understanding about the nature of rape: it defines rape as the penetration of a person, regardless of gender, without the person’s consent.
February 20, 2012 By Maury D. Beaulier, Attorney at Law
The law in Minnesota is forever changing as DWI attorneys challenge inaccurate testing for DWI cases. Review the latest changes in 2012. The Minnesota Supreme Court decided the case of State v. Tanksley on February 8, 2012. That ruling allows the State to continue using urine tests in DWI cases despite the significantly flawed nature of the test in relationship to intoxication.
February 20, 2012 By Greg Hill & Associates
Our office often receives phone calls from folks who are arrested for DUI and are told by police that they must submit to a breath or blood test of their blood alcohol level. In perhaps five to ten percent of such cases, our clients refuse to give such a sample. They often ask, “now what happens?”
Someone uses your credit card to charge a Caribbean vacation. Or accesses your bank account and drains it of funds. Or uses your ID while committing a crime. Identity theft refers to a broad range of crimes, including misuse of your financial information, name, Social Security Number and reputation. Identity—it’s more than your name, it’s life as you know it.
In December, the National Transportation Safety Board (NTSB) called for a nationwide ban on all cell phone use while driving. This goes beyond the hands-free laws enacted by ten states. Considering the dangers, why isn’t there such a ban in place? Cell phone use spread at almost an epidemic rate before the dangers were documented. Distracted driving causes more 6000 crashes and 3000 deaths each year.
You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse contact. If you inform the collector you are represented by a bankruptcy attorney or other counsel, the collector must contact your lawyer rather than you.
February 18, 2012 By Randolph Wolf, Esq
In the state of New Jersey, driving with a suspended license has now become a criminal offense under certain circumstances. Specifically, if your license has been suspended due to driving while intoxicated (DWI) or because you refused to submit to a breath test, continuance to drive under the suspended license can result in a fourth degree criminal charge.
February 17, 2012 By Thorn Law Group
You’ve probably heard a lot about Ponzi schemes recently in the news — about people becoming unimaginably wealthy through fraud, only to watch their empires, built on dishonesty, collapse about them — but how many people who are not NJ tax attorneys truly understand what a Ponzi scheme is and how it works? Grasp the fundamentals of a Ponzi scheme, and you too can keep yourself from being victimized by perpetuators of this white collar crime.
Street Terrorism Sentence Stricken When Defendant Already Punished for Underlying Arson and Criminal Threats
February 16, 2012 By Greg Hill & Associates
Michael Hong Louie and Soriyaa Ek were both validated gang members. They were convicted of arson, criminal threats and street terrorism. The underlying facts are that Louie and Ek, in January of 2007, allegedly set fire to a Stockton, California, apartment of a woman who repeatedly reported gang activity in her neighborhood. Both defendants were also charged with attempted murder, but the jury returned a not guilty verdict on the attempted murder charge.
February 16, 2012 By Oserogho & Associates
It is a criminal offense, under Nigerian law, for any person to commit, threaten, promote, fund, assist or facilitate any act preparatory to or in furtherance of, or the actual execution of any act(s) of terrorism. It is also a criminal offense for any person or group of persons to seize, detain or attempt to seize or detain, or threaten to kill or injure another person (or property) as a basis to induce the release of a terrorist.