Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
In New York, if you sell, exchange, give or dispose of a firearm to another person, and you did not have the legal authority to possess the firearm, you can be charged with third degree criminal sale of a fire arm. Even though the 2nd Amendment to the United States Constitution grants individuals the right to bear arms, there are state laws in New York that restrict the sale of firearms.
The Brady Rule requires prosecutors to disclose any evidence they discover that is favorable to the defendant – but all too often, prosecutors fail to comply, citing their duty to zealously prosecute the alleged crime. In a criminal case, prosecutors have enormous resources available, including police investigators to conduct in-depth interviews and research, extensive databases, and facilities and staff to analyze evidence with sophisticated (but not infallible) laboratory testing and analysis.
The U.S. Supreme Court, which will soon rule on whether sentencing young offenders to life without parole is cruel and unusual punishment, in violation of the Eighth Amendment. Baltimore residents may recall the headlines when, in 1999, a 14-year-old youth participated in a video store robbery in which one of the other robbers shot and killed the store clerk.
It is easiest to think of bail as money one must give to the court in order to leave jail. The money is used as collateral to ensure one appears as ordered in court. If one does not appear, the court keeps the money. The money at issue is usually not deposited with the court. Instead, a bail bond company pledges to pay the full amount if the defendant does not appear.
As more drug developers continue to conceal the potential risks of new drugs or medical devices, the frequency in which personal injury lawsuits are being brought up against them is exponentially increasing. It seems that more and more cases of dangerous drug liabilities and defective medical devices are coming to light in recent years.
If you have gotten notification for an arraignment that lists “no trial” then continue reading to find out more about what this means. An arraignment, rather than a criminal trial, is a reading of a criminal complaint in an official setting in which the defendant is present. This arraignment will detail the nature of the crime and then allow the accused to respond.
There is a cliché that “Garbage in gives garbage out.” Nowhere is this seemingly more true, perhaps almost literally, than in the case of someone who suffers from GERD, also known as gastroesphageal reflux disease. GERD is also known as heartburn and has symptoms similar to those caused by acid reflux syndrome. Someone who suffers from GERD literally expels stomach vapor and gasses back up through their throat and out their mouth.
By Chernoff Law
Those who have warrants for their arrest are required by law to show up to their court hearings. Continue reading to find out if you have a warrant that you didn’t know about. Most people are familiar with the term “warrant” even if the extent of their knowledge only comes from crime shows or the evening news. A warrant is a court-issued document that required a person to show up for a hearing after they have been accused of a crime.
A Cobb County middle school student is taking a stand against bullies, employing the help of Atlanta injury lawyers to fight back and bring about justice. When she first learned of a fake Facebook page that her classmates had created in her name, fourteen-year-old Alexandria Boston of Acworth, Georgia, was devastated and hurt by the harsh posts and rude allegations that her peers were making.
In nearly every case, our clients ask about how much time they will actually spend in jail or prison. This curiosity arises not just because of widespread media attention about jail and prison overcrowding resulting in shortened sentences, but out of concern for their employment, their family’s financial support and simple anxiety over being incarcerated.
The first American citizen to be arrested with the help of a pilotless drone in the U.S. is claiming his legal rights were violated when a drone flew overhead during a stand-off with police. Today’s citizens, including those in Maryland, have adopted as an integral part of their lives the new technology: the Web, mobile phones, tablets, etc. Much of this technology includes applications like GPS positioning.
In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed with the Minneapolis EEOC. Through its investigation, the EEOC found reasonable cause that the criminal background check policy previously utilized by Pepsi had an adverse impact African Americans based on their race, in violation of Title VII.
While several states like California have medical marijuana laws in place that allow the production, distribution and sale of medical marijuana for medicinal purposes under strict regulations, the federal administration does not allow the sale of marijuana for any kind of purpose. New research finds that as many as three quarters of all Americans support state medical marijuana laws, and want the federal administration to respect these laws.
I just read a story in the local paper that a 24 year old man killed a 40 year old man because the 24 year old was driving the wrong way on interstate Route 95 in Providence, RI. Although there is no evidence yet as to intoxication or drug use, and everyone is presumed innocent until proven guilty, the facts of this case suggest that intoxication or drug use was indeed a factor.
Summer is a season for fun in the sunshine, beach parties and many holidays. As your DUI lawyer Seattle WA knows, however, summer is also a season when many people get arrested for a DUI. DUIs are especially common in the summer for many reasons including both the increased likelihood of sitting around a BBQ or summer party drinking beers or other cool drinks and also the strong likelihood of DUI checkpoints on certain key summer days.
When you have been arrested for driving while intoxicated, hiring a Seattle DUI attorney is the only course of action that really makes sense. A Seattle DUI attorney can provide you with important legal assistance that you would not otherwise get from a general public defender or criminal defense attorney. Your Seattle DUI attorney will be your advocate and will help you to have the best chance of avoiding a conviction for DUI.
Our office often hears clients describe how a police officer made a traffic stop of them because they “look like a gang banger” or “because the cop knows me” or “because the police officer just wanted to check out my girlfriend, who was a passenger.” Our client may claim the officer planted evidence. Or our client may say the police lied in the police report or coerced a confession.
You've been pulled over for suspicion of driving under the influence, and you have had a drink. No sense calling a Kansas City DUI attorney, right? Or, you're completely innocent, so you have nothing to worry about. Wrong! Guilty or innocent, it is critical that you consult with an experienced Kansas City DUI attorney, who can help protect your freedom, your job and your driver's license.
Why would you need an experienced CDO attorney? Unfortunately, investors are frequently taken advantage of or "scammed" by brokers and financial advisors, even in the area of collateral debt obligations. As these asset-backed securities were found not to be diversified enough when the stock market started to collapse, it became apparent that these CDO's were being sold by investment bankers, who then used the money to themselves profit.
In many cases, especially when the crime is publicly scorned (i.e. DUI, domestic violence, animal cruelty, sex offenses) yet a bona-fide defense exists, one should consider waiving a jury trial. The case is then tried to only the judge. This can make it easier to focus the case on evidence and argument that matters most toward a not guilty verdict, rather than spending a lot of time and effort persuading twelve jurors to put aside their biases.
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
Any Hawaii personal injury lawyer who deals with cases of sexual abuse, knows that exposure to abuse, bullying and other forms of violent behavior in childhood dramatically affects a child’s psychological state. However, a new study finds that the effects of such exposure to violence may actually be more profound than we know.
San Antonio is the third city in Texas to enlist the help of a prosecutor and an investigator who are dedicated exclusively to cases of insurance fraud. Officials estimate that insurance fraud is estimated to cost the citizens of Texas around $300 more every year on premiums, and many people are left without insurance as a result.
For decades, countless organizations and committees have been created to fight the criminal offense of underage drinking in the United States. Whether it is the gathering of a local community council, new bills proposed to state government or a national movement, people are always trying to lower the alarming number of teens and younger children who drink alcohol before the age of 21.
Our clients who are unlucky enough to be arrested, but then, fortunately, the prosecutor decides not to file a case often ask if they can have the arrest record sealed and destroyed. After all, an arrest record is a public record. The client may comment that the mere record of the arrest affect child custody issues, adoption eligibility, licensing, insurance premiums, school admissions, credit applications and, most importantly, one’s reputation.
The California Supreme Court has defined “building” broadly for purposes of burglary. Some may say that such liberal or loose definitions have led to convictions that were not legally correct. In the case of People v. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary.
“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into force by publishing in the Official Gazette numbered 28093 and dated 03.02.2012. This Law brought radical amendments with respect to check which is one of the most important and vital payment instrument of the commercial life. The prison sentence concerning bad check has been abolished.
Jack Ward was convicted of nine counts of armed bank robbery. He was sentenced to 300 months in prison and ordered to pay $27,885 in restitution to the victims. The federal district court, without considering Ward’s ability to pay, ordered that the restitution payment be made “immediately.” This was impossible for Ward to follow, as he was broke and, once imprisoned, his earnings certainly did not allow “immediate” payment.
The principle of legality is affirmed not only in the Italian Criminal Code (Article 1 of which states that “no one can be punished for an act that is not expressly considered an offense by law, nor can sanctions be imposed that are not established by the law”), but also by the Constitution (Article 25 of which states that “no one can be punished if not in compliance with a law that was in force before the act was committed”).
Under Italian law extradition is regulated by Law and international conventions. In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state).
Since 1989, the trial is supposed to be party-dominated and strictly separated from the pre-trial process (investigations). - 1. Introduction to the Criminal Trial in Italy
Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some general information on this unique area of business law and summarizes some of the major differences and similarities between these organizations and those in other industries.
After being arrested for a DUI, life becomes viciously confusing and difficult. Logistics become skewed as memory fades and those indicted begin to panic. Before someone is charged with any form of a crime, they should hire a criminal defense attorney to evade unnecessary convictions. Here are a few reasons why an attorney should be hired as soon as possible.
The surge in prescription drug abuse may be directly linked to the small pads that doctors use to scribble prescriptions for patients. Authorities found thousands of these seemingly innocent pads that were unsigned and stored at a diagnostic imaging center in the San Fernando Valley in connection to a suspected Medicare fraud scam. This is but one example of a situation where paper scripts are being used by drug abusers and pill pushers.
If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your driver’s license, it is only natural to think of an appeal. This may be a response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.
I am an Orange County criminal attorney; I am also referred to as an Orange County Criminal lawyer. It is the same thing. I have experience, passion, dedication, and success, while representing those facing prosecution for various crimes from drugs, theft assault to DUI. I treat no case too small or inconsequential when one is talking about your freedom. Prosecuted for a criminal offense is something that no one is prepares for, and it can literally ruin your life and turn your life upside down.
It may surprise you to learn that the majority of crimes committed inside of casinos do not involve the gambling itself. Instead, the 10 casinos in Pennsylvania reported that accounts of theft of wallets and purses for this year far outweighed the crimes of passing counterfeit money and forgery. Part of the reason for this shift in the type of crimes committed involves the modernization of gambling machines.
On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two women staying at the hotel. Police went to the women’s hotel room. At the door, police noticed a “strong smell” of marijuana. Police then knocked on the door and one of the women answered. Police then asked the occupants of the room to exit the room, which they did.
A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) - (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.
Immigrating to the United States can be a challenging prospect as there are many legal requirements to navigate. Seattle immigration attorneys can assist you with the process of determining what method of immigration to use and can answer all of your questions about green cards, visas, the naturalization process, amnesty and other issues related to immigration.
Throughout Seattle, law enforcement agencies routinely set up DUI checkpoints. These checkpoints are intended to catch people who are driving under the influence of alcohol. If you are stopped at a DUI checkpoint and you are found to be intoxicated and arrested for a DUI, it is absolutely imperative you consult with a DUI attorney Seattle WA as soon as possible. A DUI attorney Seattle WA can review the case against you and the manner in which evidence was obtained.
In an effort to reduce criminal activity, California adopted a sentencing scheme known as the Three Strikes law. Under this statute, felony offenders who receive three convictions are automatically sentenced to life in prison by state courts. Supporters applaud the law and its effects on crime levels, but critics call for change in light of the thousands of prisoners serving life terms for nonviolent crimes.
Many people are confused about how an individual is charged with obstruction of justice because the definition of this crime is very broad. One of the most famous and widely publicized instances of obstruction of justice involved President Clinton and his attempt to delay, cover up and conceal evidence in the Paula Jones sexual harassment lawsuit.
If you are drowning in debt, often the best and only real solution to your problem is to file bankruptcy with the help of a bankruptcy attorney Seattle. While you may be offered other "solutions," by companies who promise to make your debt problems go away, unfortunately you will often find yourself in a much worse position if you take advantage of these offers than you would be if you just got help from a bankruptcy attorney Seattle and filed bankruptcy in the first place.
Like all states, Seattle has strict rules when it comes to minors and driving while intoxicated or impaired by alcohol. Because the rules are so stringent when it comes to minors and DUI, it is imperative to contact a Seattle DUI lawyer if your child is charged with driving under the influence.
Stealing purses can be a lucrative business, and that is one of the reasons why this theft crime is on the rise in Miami. The Miami Police have asked for help catching a purse snatcher who has been seen as violent and has been pictured in a recently released surveillance videos. The man, a black male approximately 5’9” and 19-20 years of age, reportedly fought a woman for her purse and knocked her on the head, body slamming her to the ground.
It’s no secret that police officers strategically place and time DUI checkpoints to catch the most offenders possible. State troopers in Johnson County and throughout the nation have made their intentions clear: they are cracking down on drunk drivers this graduation season. With momentous events like prom and graduation, people are also more likely to drive while partially intoxicated.
Raise your concern against Pornography - While there are many ways that pornography harms children, I want to assure you that every child who views pornography will not necessarily be affected and, at worst, traumatized in the same way. The effects of pornography are progressive and addictive for many people.
Raise Your Voice against Easy Access to Pornography Online - Rule: Teach your children to never give personal information over the Internet, such as name, address, telephone number, password, parents' names, the name of any club or team he/she is involved in, name of his/her school, or after school job.
If you consider yourself a DUI lawyer or criminal defense attorney, then you will find yourself trying cases and picking juries. With a little bit of prep work, you can make your jury selection work for you, and earn valuable points with the Judge and Jury while doing so. Winning Your DUI: Jury Selection - Do you consider yourself a Criminal Defense Attorney? If so, you must surely be trying cases in front of a Jury, right? Right??
Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the right to challenge his sentence. In People v. Ronald Snow, a felony case out of Yolo County, the sentencing judge awarded $44,994.85 in victim restitution for, among other things, dental bills incurred by the victim when Snow knocked loose the victim’s dental crown with a punch and left eye surgery.
Depression may result after a drunk driver accident in Fulton County causes injuries. Depression may result from shock, coping with injuries or losing a loved one. Understand that DUI victims have legal options when it comes to seeking treatment -- and compensation -- for their condition. The days following a serious car crash can be confusing and frustrating, especially as victims try to cope with the trauma they’ve experienced.
You or a loved one have been arrested for driving under the influence. No big deal, right? Wrong. DUI is a criminal offense that is not taken lightly today by judges, lawmakers and even ordinary citizens. Whether you are guilty or innocent of the charges against you, it is urgent that you consult with a skilled Kansas City DUI attorney who is capable of obtaining good results. Without a lawyer, you are placing your reputation, freedom and future in serious jeopardy.
Whether you've been charged with an offense that you consider minor or major, it is critical that you consult with a capable Arlington criminal defense lawyer right away. DUI is considered a criminal offense, just like assault, robbery, shoplifting, drug charges or arson.
The penalties for a DUI conviction in the state of Virginia are harsh, even for first-time offenders. In order to avoid the penalties altogether or at a minimum have them reduced, it is urgent that you consult with a talented Arlington DUI defense lawyer. Without strong legal guidance, you may find yourself facing jail time, steep fines, and a criminal record. It's also likely that you will face a lengthy driver's license suspension.
You may believe there is no reason to consult with a Fairfax DUI defense attorney, particularly if you are guilty as charged. However, this would be a mistake on your part, putting your career, reputation and perhaps even your freedom at risk. Why should you speak with an experienced DUI defense lawyer in Fairfax when arrested for driving under the influence? There are several reasons - and who you choose to represent you is just as crucial to the outcome.
You trusted your broker or financial advisor to help you make smart decisions and increase your investments; now, you suspect that he/she may have scammed you, or given you bad advice. Can an investment securities fraud lawyer help you determine whether you were indeed scammed, and is there anything that can be done to recover your losses?
Has a stockbroker or financial advisor misled you, recommending a product or investment that proved to be unsafe or not suitable for you? A skilled securities fraud attorney understands these often complex issues, and will work to recover your losses.
You have been charged with DWI, and you have questions. Will your license be suspended? Will you have to spend time in jail? These are just two of the questions a trusted Kansas City DWI attorney can help answer. When you need guidance and don't know where to turn, a lawyer can offer you not only skilled legal counsel, but help you fight the charges, which is recommended. Never think that you have no choice but to accept the charges against you - you do.
When you have been arrested on charges of drug possession, you may not immediately think about hiring a lawyer. However, if you do not consult with a capable Kansas City drug possession defense lawyer, you could essentially be wrecking your life. Why? Even a simple offense could cost you your freedom, reputation, and employment.
In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one’s driver’s license, we often hear clients comment, “If they suspend my license, I will lose my job.” Other times, the client says their license is vital to transporting a sick parent to a doctor.
18 U.S.C. § 1341 prohibits the use of the U.S. Mail in furtherance of “any scheme or artifice to defraud.” This statute was enacted in 1872. In 1999, Congress added the words, “or for obtaining money or property by means of false or fraudulent pretenses, representations or promises.”
If you or your child has been charged with possession and/or distribution of marijuana or other drugs, often times, prosecutors will offer enticing plea bargains. For example, the prosecutor might offer twelve (12) months probation and fines in return for pleading guilty to such charges. However, pleading guilty results in a criminal record, which could adversely impact a juvenile’s education, employment, or military opportunities.
It is nearly impossible for someone to turn on their television set and not see that news story involving the shooting of Trayvon Martin. The negative effect that the shooting has had on the state of Florida has drawn a great deal of attention to what is call the Stand Your Ground Law in Florida.
Automakers have received funding under the federal transportation bill for research devoted to standard safety features that would prevent drunk driving. One specific objective of the Senate-sponsored research is to determine whether it would be feasible to require alcohol-sensing technology as standard equipment in all future cars.
For many Americans, trying to understand the rules that regulate the securities industry and the investment firms that invest their money is like trying to read another language. The investment industry has grown immensely over the past decade, and that growth has brought a complicated and massive system of policing along with it. If you have invested your money in a security or a company, you must take extra precaution to protect your rights and avoid being a victim of fraud.
Approved by 63% of voters throughout Michigan, the Medical Marihuana Act became effective as of April 2009. This Act allows the use of Medical Marijuana within the state in accordance with the provisions stated, and over 222,413 original and renewal applications have been received since the creation of the Act. Only Michigan residents can apply to be a registered patient in the Michigan Medical Marijuana Program (MMMP).
Innocent motorists and pedestrians should contact a top car accident attorney in Las Vegas if they’ve been a victim of drunk driving. Although numerous education and awareness campaigns are prevalent in society, drunk driving continues to kill and injure people each day. People who drink and drive face more than jail and humiliation—they will have to live with the fact that their actions have ruined another person’s life.
In our experience with those accused of felony hit and run (Vehicle Code § 20001), the biggest issue is whether our client knew that they were leaving the scene of an accident with an injury. The client often thinks only property damage was the issue or that the other person was at fault. Sometimes, our client is even unaware that there was an accident at all, perhaps because the cars never exchanged paint. The client then explains who else may have been using the car.
The Federal Bureau of Investigation created the Uniform Crime Reporting Program (UCR) in the 1920’s to generate a reliable set of criminal statistics for use in law enforcement operation, administration, and management. The program is used around the nation and has become of the country’s leading social indicators as to the growth or decline in crime.
The most recent years has really begun to see a division of states when it comes to their strictness in regards to gun laws. Some states have provided strict laws for gun holders, and some have provided more flexibility while increasing the punishment for those that violate gun holder’s rights.
We have all seen it. An athletic person, appearing about twenty-five years old, pulls into a parking space reserved for handicapped parking. The driver opens the door of the car and jogs into the store, obviously disabled only in his or her judgment.
Anyone who has been charged with evading an officer, a violation of either Vehicle Code § 2800.1 (a misdemeanor) or § 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. We suspect this is because on television, police chases are common and well understood.
On May 21, 2011, a Chicago Streets and Sanitation city vehicle driven by 62-year-old Dwight Washington ran up a curb and slammed into a group of people on a Near North Side sidewalk, injuring seven. A bottle of brandy was found in the truck and Washington had a blood alcohol content (BAC) of twice the legal limit in Illinois.
The Chicago Tribune reports that a woman used a broken wineglass to slash her boyfriend’s neck during an early Monday morning domestic altercation in Chicago’s Rogers Park neighborhood. While law enforcement officials took the 51-year-old woman into custody, the injured man was transported to St. Francis Hospital in Evanston for treatment.
A little over a year ago, Naperville Illinois resident Travis Edwards was convicted of computer fraud, computer tampering and cyberstalking related to his ex-girlfriend, who was attending Northern Illinois University.
Illinois drunk driving laws require anyone convicted of a DUI to install a BAIID, or breath alcohol ignition interlock device before being able to start their car and drive.
A recent report given by the Chicago Police department shows that Chicago homicides are on the rise. A majority of those crimes were shootings, a statistic causing some concern for gun control in Chicago. In 2010, the Chicago City Council attempted to impose strict gun laws throughout the city after the United States Supreme Court overthrew the city’s handgun ban, which had been in place for decades.
According to an article in the April 10, 2012 edition of the Chicago Sun Times, a Lake County jail inmate passed away on March 3 from spinal injuries received during an altercation occurring within the jail. Although the death of 51-year-old Eugene Gruber has been officially ruled a homicide by the medical examiner, the Lake County’s state attorney has requested a review of the initial investigation conducted jail authorities.
Being subjected to an alcohol breathalyzer test can be a nerve-wracking experience, even if you have had very little (or nothing at all) to drink. Unfortunately, false-positive breathalyzer tests do occur. There are various reasons for a false positive breath test, mainly due to chemical fluctuations in the body produced by medications, diets, and even environmental substances such as oil-based paints, gasoline, and paint removers.
Drew Peterson’s defense team is ending an almost two-year battle to stop hearsay evidence from being introduced at his pending murder trial. Peterson, a former Bolingbrook, Illinois police sergeant, is charged with killing his ex-wife, Kathleen Savio in 2004. Savio, who was Peterson’s third wife, was found dead in her dry bathtub and her death was originally ruled an accidental drowning.
A San Joaquin County jury convicted Kesh Maharaj of multiple counts of lewd and lascivious conduct involving the same girl, who was under age 14. One count involved forcible lewd and lascivious conduct (Penal Code § 288 (b)) and three counts involved aggravated sexual assault (Penal Code § 269). In nine counts, he was convicted of lewd and lascivious touching. (Penal Code § 288 (a)).
If you are in prison or headed for prison, make sure you know your rights. Unfortunately, prison officials are sometimes abusive and may interfere with your rights as a human being and a citizen of the United States. If you feel that your rights have been violated, contact an Atlanta criminal lawyer or the Atlanta branch of the American Civil Liberties Union to help you get your rights addressed.
Defendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.
When you are accused of drunk driving in Chicago, then instead of handling the situation on your own, it is better to hire a good DUI Chicago attorney. Even in a case when the accused person is intending to admit the accusations on him, it would still be advisable to hire a professional who can give you some helpful advice before you have finalized your decision.
A police station house detention – also known as “detention of a suspect” – is the holding of a particular suspect in the police station for the purposes of investigating a crime that person may be related to or have participated in. Typically, a station house detention occurs after an arrest has been made but before any formal charges have been filed against the suspect.
Our clients who face serving time in county jail often ask about private jail. They may be concerned about being assaulted by another inmate or inmates, or they just wish for a single, private cell where they can sleep without worries. They may have heard about it when first arrested and always ask as if private jail is some type of urban legend that really does not exist.
The National Highway Traffic Safety Administration states that over 10,000 people died in a traffic collision that included a driver with a BAC level over the legal limit. To check who is drinking and driving on the roads, officers employ a number of tools to increase the accuracy of their inspection. It happens to many people.
People sometimes question the need for a DWI attorney. If you have been accused of DWI, you cannot afford to go without such vital representation. Working with a knowledgeable DWI lawyer often makes all the difference in a case outcome. If you have been arrested for DWI, you are probably trying to figure out how you will get out of this mess with the least cost and time required.
Disorderly conduct is a criminal offense that many people view as a “catch-all” charge because it does not have to be supported by strong evidence. This area of criminal law makes it a crime to be drunk in public, to loiter in certain areas and to “disturb” the peace. Even though disorderly conduct charges are typically classified as a misdemeanor or violation, individuals should challenge charges of disorderly conduct to avoid having a criminal record.
We've put together a list of 4 common myths about prostitution in Minnesota. - Myth: Only new clients can be undercover cops. Fact: Police often use hobbyists who have already been arrested to pose as people looking for sex in prostitution stings.
When a police officer pulls someone over for drunk driving, they will likely ask that person to step out of the vehicle and perform one or more field sobriety tests. Field sobriety tests consist of both physical and cognitive tasks that can give a police officer probably cause to believe a person has been drunk driving.
Too many people do not understand how damaging a drug conviction can be. Not only are there fines and imprisonment involved; such a conviction can greatly affect the rest of your life by making it difficult for you to even obtain a job. If you live in the state of Texas, it is important to understand laws regarding illegal drug possession and drug use.
For individuals who have never been charged with a DUI and are unfamiliar with DUI law, the ignition interlock device is a mystery. The ignition interlock device (IID) is a mechanism slightly larger than a cell phone that is installed in a vehicle’s dashboard after an individual has been convicted of a certain type of DUI. The IID works like a Breathalyzer and the driver of the vehicle must blow into the device and register a legal BAC before the vehicle will start.
In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.
The elderly population has always been an easy target for financial fraud by both illegitimate and legitimate companies. During the recent economic recession, reports of fraud against the elderly have been rising. The Federal Trade Commission in conjunction with state attorney generals has been increasing their consumer protection programs to protect elderly consumers.
Court Rules Change in Petty Theft Limit is Retroactive Turning Certain Grand Theft Conviction into Petty Theft
In 2010, the California Legislature amended Penal Code § 487 to increase the amount of property fitting the definition of petty theft. The amount was of property increased from $400 to $950. Any theft valued at $950 or below is consequently now petty theft; any theft of property with value above $950 is grand theft.
If you have recently been taken into custody for any felony or misdemeanor offense, you may soon be enduring the complex criminal process. The following is a guide to help you understand the criminal process. Facing criminal charges is arguably one of the most detrimental and eye-opening experiences that a person can endure during their entire lifetime. What makes this process even more daunting? Knowing that you were wrongfully accused and arrested of committing a criminal offense.
If you are a member of the military and have been accused of a crime, you could be in a very serious situation. As the civilian criminal system varies greatly from the military system, you need to be aware of certain aspects of your case. Most people are aware of what happens when a civilian is accused of a crime.
There are several common offenses that a prosecutor can chose to charge as either a felony or a misdemeanor, depending upon the facts of the case and the defendant’s criminal history. In other words, the charge can “wobble” between a felony and a misdemeanor.