Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
Georgia rolled out its new procedure for jury selection on July 1st, and some Atlanta criminal attorneys are questioning whether the new procedure could lead to misrepresentation of the general population. By using a master list compiled from driver’s licenses and voting registration records, some lawyers fear that the process will exclude many Georgia residents who are not traditionally documented.
Plea bargains account for nearly 90 percent of all criminal cases in Florida, making them the most common way to resolve a criminal case within the American justice system. Critics of plea bargains are of the view that it is an unethical way to easily dispose of a criminal case as plea bargains save the State considerable time, money and resources.
If you are facing deportation for being convicted of a felony, you would need to contact a lawyer immediately. If you are in the United States on a green card or a visa, the worst thing you can do is commit a felony. Committing felony may get you deported out of the country. The immigration officials may even downgrade your status on the basis of felony or non-felony conviction.
If you have been charged with a white collar crime, there are several defenses that can be used to save you. Get in touch with a defense lawyer as soon as you can. When a businesswoman or a businessman commits a crime at a business, it is referred to as white collar crimes. Such crimes may also include crimes like fraud and embezzlement. Sociologist and criminology expert Edwin Sutherland came up with this term in a speech that he gave in 1939.
Reported Marietta Crime and Criminal Defense - Jurors in Marietta, GA are expected to deliberate on a killing that occurred 15 years ago. The defendant was arrested in 2010 and charged with a crime that was committed in 1995. The defendant has been charged with the murder of a 30 year old woman and also with the stabbing of her then 5 year old son, who survived the attack.
In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.
Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this. In the third incident, Mary Hernandez allegedly was standing in her house and looked out the window to see Smith masturbating in her backyard. Ms. Hernandez quickly closed the curtains.
It’s funny how things change. Just a few years ago, foreign companies flooded into Ukraine, driving up the prices of everything – buildings, factories and land. Now, just a few years later, Ukraine is considered to be a high-risk country with a notoriously difficult business environment. Unfortunately, this is a fair assessment, and it’s largely due to systematic government corruption and bureaucracy.
Follow these seven tips from a Miami traffic attorney if you are ever pulled over for a traffic stop. 1) Pull over at a safe location: If a police officer indicates for you to pull over, put on your turn signal to drive to the nearest, safe location and pull over. If possible, pull over as far to the right as you can, so that when the officer approaches your driver’s side window he will not have to worry about being hit by cars in the right lane.
Penal Code § 451 states that a person is “guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsel or procures the burning of any structure, forest land or property.” A conviction for a violation of § 451 is a felony, carrying with it a minimum prison sentence of sixteen months and a maximum sentence of three years in state prison.
The Second Appellate District recently made new law by affirming a Pomona judge’s decision that felony, rather than misdemeanor, vandalism charges were proper when the total damages are considered. In this case, there were damages suffered by defendant’s mom and an apartment owner, which when totaled, exceeded the misdemeanor vandalism limits of $400.
A man sentenced to death row after allegedly murdering two members of a family wants a new trial. His appellate lawyer appeared before the Georgia Supreme Court arguing that the man’s rights had been violated. Cobb County, Georgia – A man sentenced to death row for murdering a mother and her twelve-year-old son is seeking a new trial.
A DUI is not exclusively for drivers who drink and get behind the wheel. A driver under the influence of drugs, either illegal or prescription, can experience impairment to the extent that it affects the ability to operate a vehicle safely. Just recently, a man and woman died as they pulled away from a Houston gas station parking lot. They were killed by a driver who was high on drugs and slammed into their vehicle after he ran a red light.
If you have been charged with or are the subject of a prostitution investigation you need to hire a Fort Lauderdale criminal defense attorney or a Miami criminal defense attorney immediately to help you navigate the prostitution laws in Florida. Alexis Wright is a 29 year old Zumba instructor who lives and works in Kennebunk, Maine. As she taught her Zumba classes she developed a side line of offering prostitution services to the men in her community.
A recent study shows that in Florida, an estimated 83 traffic fatalities and 3,345 non-fatal traffic injuries were attributed to driving after underage drinking. One way the state is trying to combat the devastating traffic, health, and social problems associated with underage drinking is through its zero-tolerance policy for underage drinking.
Resisting arrest under Penal Code § 148(a)(1) is the misdemeanor version of Penal Code § 69, which is usually a felony. Section 148(a)(1) is violated when one obstructs an officer or EMT when the officer or EMT is performing his or her duties. The prosecution must prove that defendant knew or should have known that the person affected was an officer or an EMT performing such duties.
Both residents that reside in Miami, Florida and tourists just visiting the extravagant city take advantage of the beauty by taking boats out on the water. While being on a boat is great fun many act irresponsibly mixing their boating experience with alcohol and ultimately find themselves getting charged with boating under the influence. Here are answers to common questions when charged with a BUI in Florida.
The Cristian Fernandez case was a rather upsetting one. It is the case where a young boy was responsible for the death of his younger half-brother. There has been a lot of controversy following this case for the state has decided to try the young boy as an adult. A recent ruling has suppressed key evidence in the case which has led the state to file an immediate appeal.
Driving while intoxicated (DWI) by prescription drugs is considered a crime, just like driving under the influence of alcohol or illegal drugs. Yet reports have shown that drug-related DWI offenses can be much more difficult to prove. While there are clear standards for determining whether a person’s driving is impaired by alcohol consumption—the legal blood alcohol concentration threshold is 0.08 percent in Texas and in other states—there is no such standardized limit for impairment by drugs.
Penal Code section 422 defines criminal threats as “willfully” threatening to kill or injure someone, unequivocally and with sufficient specificity that the recipient of the threat is placed in a state of reasonably “sustained fear” for his immediate safety or that of his or her family. The threat can be communicated verbally, in writing or electronically.
Learn about the differences between a DUI and a BUI in the State of Florida from a Florida Criminal Defense Lawyer. - The Operator - Unlike a motor vehicle, a boat can be operated without a driver. When it comes to DUI (driving under the influence), it’s easy to tell who is driving or operating the motor vehicle—the person behind the wheel. However, when it comes to BUI (boating under the influence), it can be a little more difficult to determine who is operating the boat.
Find out what to do if you are charged with boating under the influence in the State of Florida. The Florida courts take BUI charges seriously due, in part, to the unfortunate fact that Florida has more annual recreational boating deaths than any other state and that one third of these recreational boating fatalities are alcohol related.
On July 1, 2010, Vehicle Code § 13352(a)(3) was amended to allow second time DUI offenders to apply for a restricted license with installation of an IID after ninety days of actual suspension. Previously, a second-time DUI offender was stuck with a one year license suspension.
Illinois DUI Laws and Penalties - 2013 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.
Illinois DUI Penalties - 2012 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.
P.A. 97-466, eff. 1-1-12 Short Description: School Bus Driver and Alcohol Testing · Amends 625 ILCS 5/6-106.1; adds 625 ILCS 5/6-106.1c new - · Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours...
Missouri's pro-alcohol reputation, supported by a strong alcohol industry lobby, continues to grow based on a recent decision by the Board of Alderman in Wentzville, Missouri. Despite efforts to tighten DUI/DWI laws, Missouri municipalities are having a tough time finding support.
Portable breathalyzers can help you and your friends avoid driving drunk and risking a DUI. As we begin this holiday season in St. Louis, Missouri, consider buying your favorite partier a portable breathalyzer for $30.00 to $100.00. While they may not be as accurate as police testing for DUI, they are valuable in helping someone realize they need to call a cab.
Since 2009, there have been no less than five legislative changes to the way presentence conduct credits are calculated, leaving even the most informed judges, district attorney and defense attorneys confused. The recent case of People v. Paul Garcia (2012 DJDAR 13257 (Sept. 24, 2012)) serves to clarify the law on this important issue.
The majority of my practice focuses on the defense of federal white collar crimes, which can be a confusing area of law for people who are unfamiliar with the system. In that vein, I've compiled some basic questions and answers regarding white collar criminal defense to help shed some light on the process.
In today’s digital age, identity theft is a serious concern for everyone. Not only is stealing an identity potentially easier in the electronic age, but once an identity has been stolen, a considerable amount of damage can be done in a relatively short period of time. Sometimes, the damage cannot be repaired, leaving victims without their life savings in their golden years.
With the proliferation of cell phone use, police often receive calls from motorists who claim to be witnessing a driver who appears to be intoxicated and a danger to other motorists. Sometimes, the driver is not willing to give his name for fear of being called to court as a witness. The witness may believe that he will be arrested on an outstanding warrant, overdue child support or for immigration issues.
Criminal defense attorneys understand the seriousness of a child rape charge. Not only is your freedom at stake but also your reputation, because you could be registered as a sex offender. When it comes to this type of charge, even an accusation can impact the rest of your life. There will always be the question as to whether or not you are guilty of this crime.
A Book Review - Suppose you wanted to write a novel about the activities of a man and chronicles of his day’s life, obviously it requires a powerful narration and lot of details. Faced with such narrative limitations you might be tempted to invent a wider canvas of things, places, events, books and things. The good news is that Ian McEwan has presented a beautiful novel on these concepts.
In San Diego County, a juvenile (“M.A.”) entered a house with the owner’s permission without any intent to commit a felony therein. While inside, he learned that there were guns in a closet and then decided to steal then. The closet was three feet by four feet and in the home’s entry way, but not in the home’s interior.
Turkey, even restructured its banking sector several times, has still not made sufficient progress in money laundering and compliance legislation for improvement of the inspection obligations. In particular due to its location bridging Europe to Asia attracts the foreign criminal organizations of migrant smuggling, terrorism and narcotics. Turkey hosted many brass plate companies in the past set for the purpose of placement, layering and integration of laundering transactions by 1990s.
Prescription drug use and abuse is a rising problem in our country, according to Atlanta criminal attorneys, and Georgia lawmakers and state officials are cracking down on dealers and users across the state. The recent arrest of Richmond County family physician Dr. John Rumbaugh has gained national attention as the state of Georgia attempts to rein in prescription drug fraud.
Named for the penalty in baseball for hitting strikes, the three strikes law is state legislation that imposes a life penalty for individuals that are convicted of three or more serious charges. This is typically reserved for felony crimes but is left up to the state to determine the details.
First Degree Burglary Conviction Upheld When Residential Home Uninhabited and Realtor’s Wallet is Stolen.
Under Penal Code § 460, every burglary of an inhabited dwelling is first degree burglary. Burglary of a structure that is not an “inhabited dwelling house” is second degree burglary. On June 27, 2010, realtor Janice Konkol was conducting an open house of a home in Irvine. Rodney Little and his girlfriend walked into the house.
Charges of child abuse and molestation can result in serious criminal consequences. If you are charged, you could lose your rights as a parent and face serious jail time.
Erik Rangel allegedly beat and stabbed a man in a San Mateo park. The crime was believed to be gang related. Days later, a judge signed a warrant for Rangel’s arrest and a search warrant for Rangel’s home. The search warrant authorized the seizure of stabbing instruments, as well as items containing stains or traces of human blood. The search warrant further authorized the seizure of items commonly known as gang indicia.
Under Health and Safety Code § 11469(i), when a government agency seizes a person’s money, the agency has a duty to protect the money and preserve its value. The government does this by placing the money into an interest bearing account instead of allowing the money to lose value over time. Moreover, the person whose money was taken is often entitled to get his money back, plus the accrued interest.
Recent instances of sexual abuse have again ignited debate in the subject of statute of limitations. This sensitive area of law is under national scrutiny in light of numerous sexual abuse scandals in the media. Establishing fairness for both plaintiff and defendant has become a balancing act with important repercussions.
Federal Conviction Reversed for Assault Because Federal Officer Not Aware Defendant Threw Rock at Him
On June 18, 2009, Enrique Acosta-Sierra threw a baseball-size piece of concrete at U.S. Custom and Border Protection Officer Abram Lopez. Acosta-Sierra missed, although he was only seven or eight feet away. Officer Lopez only became aware of the attempted battery (assault) when the concrete hit the metal gate behind him and made a loud noise.
Originally developed by the National Highway Traffic Safety Administration, field sobriety tests can be used by officers when they are determining whether or not a driver should be taken into custody for driving while intoxicated. There are three tests that an officer may choose to use separately or in combination with the others. There are a number of tools that officers will use to aid them in determining which drivers are operating their vehicle under the influence of drugs or alcohol.
Seven Years to Life Sentence for Dissuading a Witness for Benefit of a Gang Reversed Because Force Threatened
Michael Valles was fatally shot at a tattoo parlor in Stanislaus County in 2004. Felix Lopez was charged with violating Penal Code § 187, murder, as well as four other counts associated with the crime, including attempting to dissuade a witness from testifying (Penal Code § 136.31(a)(2) and active participation in a street gang (Penal Code § 186.22(a)).
Investing always involves a degree of risk taking and not all investment losses are due to investment fraud. There are cases however, where investors have lost substantial amounts of money because of brokerage firms, stockbrokers, or financial advisors violating the securities laws.
After the trial court convicts and sentences an individual of a crime, the defendant will have the right to appeal to an appellate court to have the judgment of the trial court reviewed. Learning about the procedure is essential if you are looking to make an appeal. After a defendant is found guilty of committing a crime and a verdict has been passed down by the trial court, he/she will get the right to make an appeal to the higher courts (appellate courts) for having the verdict reviewed.
Why You Should Advise Your Michigan Drivers License Attorney of Any Addictive Prescription Medications
If you are meeting with Michigan drivers license appeal lawyers to select one to help reinstate your drivers license, make sure to disclose any medications you are currently taking. Failing to advise your Michigan drivers license appeal lawyer of the medications you are taking can be fatal to your case. This is especially important if you are taking addictive prescription medication
Two men who who jetted from New York to Fort Lauderdale to board Royal Caribbean's Liberty of the Seas cruise ship to Jamaica last week, but their vacation took a twisted turn when they found themselves locked away in the cruise ship's brig, accused of raping a young woman.
Does the Law Against Carrying a Dirk or Dagger Violate My Constitutional Right to Bear Arms for Self Defense?
On September 28, 2010, a security guard removed Kenyatta Quinn Mitchell from the San Diego trolley because Mitchell did not have a ticket to ride the trolley. Another guard came to assist and noticed that Mitchell had a concealed knife sticking out from under his sweat shirt. The police were then summoned to the scene. They arrived and found Mitchell with an eleven inch knife.
This article explains the Florida statutes that dictate an individual’s consequences if he/she is arrested during a protest or demonstration. When you’re in a crowd for a political, religious, or social gathering, your actions will be strictly observed and judged by the police. While this differential treatment is necessary for law enforcement to maintain control, their demands may seem ridiculous or irrational, causing many to disregard them.
Any Floridian bagel junkie will know that Brooklyn Water Bagel company is for producing the ‘best’ bagels on the east coast, made with New York City's famously pure tap water. Recently, however the Palm Beach County company claimed it had nailed the secret of how to make locally baked bagels taste like those from up coast. The secret; there is no secret.
The activities of an informant are glamorized in movies and on television as dangerous, exciting, and dramatic. The informant can be the key witness everyone relies upon, so they are respected as powerful. Police appreciate this image of an informant, so it is not uncommon for police to appeal to this sense of adventure in saying, “Give us three and we’ll set you free.”
If one is charged with mayhem, or aggravated mayhem, it is not unusual for the rhetorical question of, “what is mayhem?” to be asked. After all, “mayhem” is not a word often used nowadays.
In recent decades, the likelihood of an arrest leading to a conviction has generally risen. Some defendants think that they can "beat the system" on their own. Those who have been through the criminal court system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic and to avert the impact of a criminal conviction.
Drunk drivers account for a large number of accidents that cause injuries and deaths in the U.S. Vehicle operators have a duty of care to drive in such a manner as to not cause harm to other vehicle occupants. It is always best to refrain from mixing drinking and driving, AND have a designated driver take over, take a taxi, or some other solution.
Those who have been convicted of a crime often face a sentence that includes probation. While many are familiar with the concept of probation, the idea of violating it may seem a bit more foreign. What counts as a violation? How serious is it? What are the possible consequences?
California Penal Code § 647(b) prohibits one from willfully engaging in a sexual act in exchange for money or other goods or services (typically drugs). This seemingly broad definition does not include pimping and pandering, which are separately addressed (Penal Code § 266 and 266i) or indecent exposure (Penal Code § 314). The scope of § 647(b) includes both the prostitute and the customer, also known as a “john.”
In the aftermath of the movie theatre shooting in Aurora, many people are questioning Colorado’s criminal justice system in regards to defendant sanity. The resolution of mental illness can have a substantial impact on the outcome of criminal cases, and in Colorado it is the prosecutors who must prove that a defendant is sane.
If you face a jail sentence, but also have enormous responsibilities at work and / or for your family, i.e. child care or an elderly parent, house arrest may be something you should request as an alternative to jail. House arrest is specifically provided for at Penal Code § 1203.016, where it is called “home detention.”
Clients who were convicted of a felony often ask the attorneys at the Law Office of Randolph H. Wolf about their right to vote. In the United States, conviction of a felony carries collateral civil consequences apart from penal sanctions such as fines or incarceration. Thus, offenders may lose the right to vote, to serve on a jury, or to hold public office, among other things.
To recover driving privileges, completion of a driver safety course may be required for license reinstatement. Whether you have lost your driving privileges because you accumulated too many points or your license was suspended following a traffic violation, you must meet certain conditions to become eligible for license reinstatement.
Pakistan faces significant risks of money laundering and even more significant risks of terrorism financing. Aware of the prevalence of corruption, narcotics trafficking and terrorism, the authorities have focused on tackling these predicates. Pakistan has however not yet sufficiently taken into account money laundering and terrorism financing associated with these and other predicate crimes.
Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?
A common question our office often hears is whether the prosecutor will dismiss or drop the case if the victim refuses to testify at trial or even refuses to appear at trial. Indeed, there are cases where this has occurred, but such cases are actually rather rare. It is important to note from the outset that this article excludes application to probation violation hearings, which have different rules concerning unavailable witnesses. People v. Stanphill (2009) 170 Cal.App.4th 61.
The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
As its name implies, at a felony preliminary hearing setting conference, a date is set for the preliminary hearing in the case. Yet that is only one of many important things that may happen at such a seemingly simple, single-purpose hearing. More importantly, the prosecutor and the defense attorney may negotiate, or attempt to negotiate, a plea bargain that would resolve the case (also referred to as “reaching a disposition”).
It is not uncommon in many serious cases for a defendant being accused of a serious crime to “pack the courtroom” with friends and family. The presence of friends and family is to show support for the defendant, both to the defendant and court, including the judge and the prosecutor. When the defendant is in custody and he or she sees the support, the defendant feels better.
Under Vehicle Code § 10852, it is illegal to tamper with a vehicle. The text of 10852 reads, “[n]o prison shall either individually or in association with one on more persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner.”
Videotaping your spouse, or soon-to-be-ex-spouse, is now permissible under Georgia law, Atlanta divorce attorneys at the Margolis Legal Group report. In the recent case of Rutter v. Rutter, Stacy Rutter presented evidence collected through secretly installed video cameras in the home she shared with her then-husband Charles to aid in her divorce case.
Have questions about criminal records in the state of Colorado? This article will help you understand how the Colorado Bureau of Investigation (CBI) maintains criminal records, what types of records can and cannot be sealed, and how to seal the records that you can.
Using False Identification - According to law enforcement, technology and the Internet makes it easier than ever to obtain high quality fake identification. Unfortunately, some young people think that using false IDs are simply a rite of passage. There are also individuals who use the documents to conceal information that prevents them from obtaining decent paying jobs.
Trespass means many things to many people. To one person, it means walking into an area posted with signs that state, “No Trespassing.” To others, it means walking into a business, loitering for a long time and then leaving without making a purchase. To others, it may be a homeless person living for several days, or even weeks, at an empty foreclosed upon house without permission.
The Georgia Taxpayer Protection False Claims Act (GTPFCA) went into effect on July 1, 2012. The GTPFCA models the federal FCA, but also contains some provisions that are unique. - —Liability and Damages Provisions - The liability and damages provisions under the GTPFCA are similar to those under the federal FCA. For example, an individual will be liable for knowingly presenting or causing the presentation of a false or fraudulent claim for payment or approval, or...
Indiana passed the Indiana False Claims and Whistleblower Protection Act (IFCWPA) in 2005. The IFCWPA generally models the federal FCA, but contains some differences. —Liability and Damages Provisions - Generally, an individual will be liable under the IFCWPA for the same violations as the federal FCA. For example, an individual will be liable for knowingly or intentionally presenting a false claim to the state for payment or approval, or...
For one who is unfamiliar with California’s criminal courts, the charge of disturbing the peace may conjure up thoughts of a homeless man shouting obscenities at passing cars on a busy street. It may conjure up ideas that the charge is for someone who plays his stereo too loud at a party, disturbing neighbors late at night. It may also be two folks arguing too loud in a restaurant.
False imprisonment prohibits wrongful restraining, confining or detaining a person without that person’s consent (Penal Code § 236). The most common context of this that our office sees is when someone transports someone in a car, against their will, usually during an argument after the person asks to be let out of the car.
Defective drugs or Wrong dosages can result in serious injuries or can even lead to death. An individual suffering from drug injuries may claim for the damages. However, before that it is important to determine who is responsible for such an outcome.
There are defenses for drug crimes. Only skilled and knowledgeable lawyer can study the case in details and work on suitable defenses. Thus, you should contact an attorney if you get involved in any drug cases.
Generally speaking, there are 2 basic components to every crime: the criminal act (actus reus) and the criminal intent (mens rea). Thus, the prosecution must prove not only that the defendant committed an act prohibited by the law, but that he/she also had the intent to commit the criminal act beyond a reasonable doubt for the defendant to be adjudged guilty.
DUI checkpoint encounters can create anxiety for motorists. Here are some suggestions for what you should do if you’re pulled over. A DUI checkpoint can be scary. Most people would rather not have to deal with the police, but occasionally, a DUI checkpoint makes it impossible to avoid. There was a time when the legality of DUI checkpoints was an issue for the courts. Now, the U.S. Supreme Court has ruled that they are constitutional, so they’re a fact of life for motorists.
Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job.
Statutory rape is defined under Penal Code § 261.5 as sexual intercourse with a person under 18 years of age. The two individuals cannot be husband and wife. This crime is more broadly often referred to as unlawful sex with a minor, although this description includes other forms of sex besides intercourse.
The legal process is packed with terminology that can be misleading even to attorneys. For example, a pre-trial hearing certainly implies that trial is imminent or definite. Therefore, when our office advises a client, following an arraignment on a misdemeanor, that the judge set a pre-trial hearing, the client becomes anxious. The client sometimes believes that his setting implies his or her case is going to trial without any attempt at plea bargaining.
A defense to a drug importation charge when crossing from Mexico to the United States at the San Ysidro Border. With a trial date set at the end of the month I began researching various defenses for a federal drug importation charge. The defense counsel has a duty to make reasonable investigations to ascertain the extent of any possible mental impairment.
When you are convicted of a crime and your license is suspended, this can have a large negative outcome on your life. Having your license reinstated as quickly as possible is the best choice and by following through with the right procedures you may increase your likelihood of achieving just that.
Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries. The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them.
An expungement is the legal process of seeking to have a past criminal conviction wiped out making it unable to be viewed by those inquiring into your past background. There are many reasons that this can benefit people from all walks of life that have been sentenced.
The decision to conduct a DUI checkpoint near a major highway on-ramp during the annual Musikfest festival in Northampton County, PA has been questioned by police officials. The DUI checkpoint was conducted by local PA township police on the night of August 4, during the first weekend of Musikfest. Musikfest is an annual music festival that has been held each August in Bethlehem, PA since 1984.
Receiving stolen property happens when someone purchases or obtains possession of an item that was acquired by the seller or “giver” by theft (i.e. burglary, embezzlement, shoplifting, robbery), fraud or any other unlawful means. Our office has seen this charge arise from purchases allegedly from pawn shops, garage sales and swap meets.
Our office often receives phone calls from folks aware that “a warrant was issued” and they are anxious to know what do to next, as they fear police may execute it on them at any time. Our first reaction to such a question is to clarify what type of warrant (arrest, bench, search or complaint) is involved and second, how they became aware of the warrant.
A search conducted without prior approval by a judge (in the form of a warrant) is unreasonable under the Fourth Amendment to the U.S. Constitution with the exception of a few situations. Such exceptions arise quite frequently in day-to-day police investigations. Arizona v. Gant (2009) 556 U.S. 332, 338.
Actually, the penalties for writing a bad check in New York State can be severe. Everyone knows you are not supposed to write bad checks. Even if you do so intentionally or repeatedly, you won’t be treated like you robbed someone on the street or in a home, right? Actually, the penalties for writing a bad check in New York State can be severe.
If you have been caught with an illegally possessed gun in your car or truck, you haven’t really done much wrong and your legal problems aren’t too serious, right? Actually, the charge of criminal possession of a weapon in New York State is a serious charge. Depending on the circumstances of the arrest, the charge may be a class C or D felony or a fourth degree misdemeanor, with legal penalties ranging from one to 15 years in jail.
Virginia uses sentencing guidelines during sentencing for felony charges. After someone is convicted of a felony in Virginia, whether it be after entering a guilty plea or a trial, the Circuit Court judge will order a presentence report. A presentence report is prepared by a probation officer and includes various background, family, and employment information about the defendant. One of the items included in the presentence report is a calculation of sentencing guidelines.
Facing a traffic ticket for reckless driving or speeding can be unsettling. In North Carolina, a particular DUI case captured the attention of national media. It involved a drunk plastic surgeon driving his Mercedes 90 mph in a 45 mph zone and slamming into a car driven by a member of the Carolina Ballet. The accident killed the young woman and the doctor went to jail.
Not handling the background check process correctly or misusing the information contained within the background check, also called a consumer report, can lead to liability for employers. Some potential background check pitfalls employers could face include:
Driving Under the Influence of Alcohol (DUI), impaired driving and similar US convictions, have many consequences for an individual, including a possible criminal record in the United States. Those who are not US citizens, also have to be concerned about possible US immigration consequences of their DUI criminal conviction.
Grand theft auto, also referred to as “GTA,” vehicle theft and / or just auto theft, is the unauthorized taking of another’s car with the intent to permanently deprive the owner of the car. It may be by force, trick or false pretenses. Sometimes, the suspect takes the car to a “chop shop” to have the car disassembled for money or the suspect intentionally fails to return a rental car.
If you are facing criminal defense charges, it is important to know that you have constitutional rights. The legal system was designed to ensure that people are innocent until proven guilty. Knowing what your rights are is one way to ensure that you are being treated fairly. Here are some of your rights that are guaranteed by federal law.