HG.org Legal Resources

Criminal Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.


Limits on the Admissibility of Vouching During Criminal Interviews in Georgia

Limiting the admissibility of personal vouching by law enforcement during criminal interviews and case law that supports such limits is discussed is discussed in this article. Vouching by law enforcement as to their abilities is not uncommon, and it must be guarded against.

Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals

This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.

Financial or White Collar Crimes

Financial or white collar crimes typically involve some form of deceit, maneuver or the abuse of a position of trust. It involve activities that defraud people of their money which affect private individuals, companies, organizations and nations.

List of Scammers Who Contacted HG.org

  By HG.org
This is a list of emails and phone numbers from scammers who contacted HG.org or added HG.org to their emails. Should you be contacted by a scammer or spammer using the HG.org website, please contact us and we will publish their information.

I Received a Bad Check – What Do I Do?

  By HG.org
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.

Do You Have the Right to Shoot a Drone Hovering on Top of Your Backyard or Property?

  By HG.org
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.

Self-Defense VS. Manslaughter

Manslaughter, albeit a lesser crime than murder, is a criminal offense; whereas a true self-defense killing is not a crime.

Divorce Settlement Scammer in the Name of Alice Swang

  By HG.org
Hg.org offers a free lead service to the lawyers and law firms listed on its directories. Sometimes we receive emails from scammers such as the "Alice Swang" email below.

How to Choose a Defense Attorney

Just like you wouldn’t visit a podiatrist to treat an ear infection, you shouldn’t go to a tax attorney if you want to sue the driver who rear-ended your car. There are many areas of law and a lot of different types of lawyers who deal with them. When your freedom is on the line, it’s important to seek the correct representation.

How Do Hot Check Laws Work?

  By HG.org
Hot checks cost the local and national economy millions of dollars in lost funds that were due for goods and services from individuals and businesses. In response to this epidemic, states across the country have enacted strict hot check laws that are meant to punish the individual who writes worthless checks.

Common Drug Crime Questions for a Narcotic Case

Anyone arrested for a drug case is always concerned about possible consequences and how the case may be defended.

Basics of the Illinois Sex Offenders Registration Act – 730 ILCS 150

Which criminal offenses require registration as a sex offender?

Aggravated Speeding - Illinois' newest criminal offense

“Aggravated speeding” is a relatively new criminal offense in Illinois. It is classified as a class B misdemeanor if the speed is between 26 – 35 mph in excess of the posted speed limit and classified as a class A misdemeanor if the speed exceeds 35 mph over the posted limit.

Beware of Police Body Cameras

Following the shooting of a civilian by a police officer and the subsequent riots in Ferguson, Missouri last year, many police departments are instituting the use of body cameras by patrol officers across the United States.

Can You Sue a Spouse for Theft?

  By HG.org
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.

Marital Exceptions in Criminal Cases

Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected.

Less Harsh Sentencing

With the Presidential election just around the corner, candidates find themselves having to address the current problems in our nation’s criminal justice system.

Tax Deductability of Bribes in Greece

The prohibition of tax deductibility of bribes and the risk of claiming these payments as "expenses" in order to get a tax return under the Greek law.

Can I Get a Hardship License after a DUI

  By HG.org
DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.

How Are People Charged as an Accomplice?

  By HG.org
Accomplice liability arises when a person helps another commit a crime with the intent of providing such assistance.

Stop And Frisk Laws

According to the United States Constitution, every American citizen has the right to be protected against unreasonable searches and seizures.

Fleeing and Eluding Offenses in Florida

In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.

What Is Proof Beyond a Reasonable Doubt?

  By HG.org
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the crime.

Website Ripoffs: How to Get a Refund from an Uncooperative Website Owner

  By HG.org
Most of us have fallen for it at one time or another. A website offers a “free” or reduced fee trial for its services, but asks for a credit card upfront. It tells you that your membership will automatically renew if you do not cancel before the end of your free trial. You use the service, but do not want to pay for it, so you try to cancel and get charged anyway.

An American with a DUI: Can I Get into Canada?

Are you an American citizen who has been charged, tried, and convicted of a DUI? Do you have interests in travelling outside of the USA to your northern neighbor: Canada? Find out whether or not you can Enter Canada if you have been convicted of a DUI.

Arson - Why Your Criminal Defense Attorney Matters

Arson cases can either be charged in federal or state court. In Minnesota, the most common arson charge is arson in the first degree, which charges that the person intentionally set fire to his home or other dwelling, usually for the insurance money or some other financial reason. This is a serious charge that, if convicted, will likely result in at least a 4-year prison sentence. If you or a family member is facing charges of arson, you need an attorney experienced in handling arson cases.

Escalating and Deescalating Murder Charges

On June 5, 2011, there was a case of a transgendered female who was out for a night on the town when she and some of friends were harassed by a group of young men. It started out with harsh words and eventually descended into violence. When she walked away, she was assaulted by one of the men, and she took a pair of scissors from her purse. She stabbed the assaulter, leading to his death.

Committing Offenses on the Internet – Internet Crime

When a crime is allegedly committed using the internet the first question is always, “Where should this case be handled?” Should it be in the state where the offender committed the offense? Should it be where the victim lives? Should it be somewhere else like in federal court?

When Can the Police Stop me on the Street? What are my Rights?

Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.

What can the Police Require me To Do once I'm Arrested?

Once you are arrested what you say and do in the presence of the police becomes that much more important to protecting your freedom. Because your freedom is at stake, what you say and do can mean the difference between guilty and not guilty.

Is There a Such Thing as Marital Rape?

  By HG.org
Marital rape is nonconsensual sex between two spouses. Marital rape is believed to occur in significant numbers but is underreported. However, this sexual crime may be treated differently than other sexual crimes, depending on the law of the jurisdiction where the charge is filed.

Teens and the Pressures of Underage Drinking

As young adults, teens are under a great deal of pressure to make decisions that can impact their future.

Confessions to Police

I always advise my clients not to speak with the police or any law enforcement authority without an attorney present. This is common sense to an experienced criminal defense attorney but to the citizen who has never had contact with the police, the desire to explain his or her side of the story and defend themselves is a natural instinct.

New Jersey Legalizing and Decriminalization of Marijuana

New Jersey was a leader in the fight to decriminalize marijuana in 2010 by being one of the first states to make it legal for treatment centers to dispense the drug for medicinal purposes.

Life Without Parole For Juvenile Offenders

On March 23, 2015, the United States Supreme Court decided to once again consider arguments in a case concerning life sentences for juvenile offenders.

Criminal Sexual Conduct And Other Sex Crime Allegations - What Does It Mean?

Sex crime allegations are some of the most serious criminal charges a person can be accused of committing either in state or federal court. In addition to serious jail or prison sentences, a person convicted of sex crime allegations may be required to register as a sex offender for a minimum of 10 years, and possibly for life. Sex crime allegations can negatively affect numerous areas of your life, including your professional and personal life.

European Parliament Approves ‘International Standards of Combatting Money Laundering and the Financing of Terrorism and Proliferation’

On the 20th of May 2015, two years after the European Commission first proposed the 4th AML Directive, the European Parliament approved the final text of the 4th AML Directive intended to address the threat of money laundering in 2015 and beyond.

Criminal Mischief Offenses in Florida

Criminal Mischief is, for all intents and purposes, "vandalism". In Florida, this property crime may be prosecuted as either a misdemeanor or a felony, depending on the extent of damage, the nature of the property involved, and whether the accused person has prior convictions for the same offense.

Used Car Does Not Run, What Can You Do?

  By HG.org
Attorneys frequently receive questions regarding defective used cars. All too often, people purchase a used vehicle with verbal assurances that everything works fine and that it will be quite reliable, only to discover that neither is the case. What can you do when this happens to you?

Tips for Handling an Illinois Traffic Stop

We’ve all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives.

10 Ways Your Driving While Intoxicated Blood Test Result Can Be Wrong

You just got your blood test results from your DWI arrest. You were expecting to see a number below the legal limit of .08. But, the number you see is more than twice the legal limit.

How To Overcome Driving While Intoxicated Blood Test Results Obtained Without Your Consent

Does a police officer have to have a person’s consent to draw their DWI Blood Test Without Consent if they are being arrested for DWI.

Driving While Intoxicated Education Programs

If a person is convicted of a DWI they are “required” to take a DWI education program.

Do I Have to Have an Interlock Device if Convicted of Driving While Intoxicated

Maybe. Whether or not you have to have an interlock device if you are convicted of a DWI, Interlock Device depends on whether you are a first time offender, repeat offender, or had a blood alcohol concentration of .15 or above.

Three Advantages to Being Sentenced to Jail Instead of Probation for DWI

If you and your attorney have analyzed your case and determined that it is not one that is suitable for pleading not guilty and going to trial then you must next start thinking about punishment options. The two main options are jail vs. probation. Let’s face it nobody wants to go to jail. But, sometimes it is more advantageous to go to jail for a DWI than it is to do probation. Each situation has to be analyzed. There are no one size fits all solutions.

Three Steps to Shorten Your Driving While Intoxicated Driver's License Suspension

When you are convicted of a DWI one of the things that is restricted is your ability to drive on a valid driver’s license. This can create a big hardship because you need a driver’s license to do a lot of things like get back and forth to work, complete court ordered requirements if you are on probation, to take your kids to school, and to get groceries just to name a few things.

What to Do if You Cannot Afford to Pay Your Driving While Intoxicated Surcharge

A DWI conviction is one of the most expensive offenses that a person can be charged with. One of the things that makes it so expensive is the fact that the Texas Department of Public Safety (DPS) assesses a three year penalty called a surcharge for every individual convicted an offense that stems from operating a motor vehicle while intoxicated.

Yes, You Can Get A Dallas Driving While Intoxicated Arrest Expunged

If you are arrested for a DWI it is public record. Anybody can go to the court clerk’s office and request a copy of a person’s court records. It does not matter if the arrest resulted in a final conviction. In order to stop the public from having access to these records,the record of a DWI arrest must be expunged or “erased.”

Recent DUI Statistics Reveal Ongoing Problem

DUI accidents are the most preventable type of car accidents; however statistics for DUI accidents remains shocking.

Juvenile Weapons Possession

All states throughout the country have their own specific gun control laws that coincide with a set of penalties.

Are There Any Special Laws Regarding Homeless People

  By HG.org
The gap between the richest and poorest people in the United States is bigger than in any other country in the world. As a result, homelessness has become a serious and widespread problem in America. But, how has society come to deal with this issue? Are there any special laws regarding homeless people?

Challenging DUI Test Results

  By HG.org
In addition to the testimony of the arresting officer’s observations, the prosecution may introduce evidence during a DUI trial regarding test results that implicate the defendant. However, a number of test results may be challenged during the course of the defense.

After a Riot, Who Pays for the Damage?

  By HG.org
Riots have erupted all over the United States in recent years, often in the wake of racial tensions created by police activities. Often beginning as peaceful protests, these demonstrations sometimes degenerate into violent riots where people and property suffer harm, leaving innocent people to pick up the pieces. This has led many to ask who should pay for the damage after a riot?

A Website Published Embarrassing Content About Me, What Can I Do?

  By HG.org
The Internet has brought many benefits to modern civilization. Unfortunately, just as with any technology, it also has a dark side. So, when a website publishes embarrassing content about you, what can you do?

More DUI Defenses

  By HG.org
Consequences for DUI convictions, especially subsequent convictions, can be quite serious, resulting in a loss of freedom, hefty fines, loss of driving privileges and social and professional consequences. A DUI defense lawyer can discuss whether any of the following defenses may apply in your case to help you get your charges reduced or even your case dismissed completely.

What Does “Fruit of the Poisonous Tree” Mean in Criminal Proceedings?

  By HG.org
The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.

I Have No Money, How Can I Hire an Attorney?

  By HG.org
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. So, how do you hire an attorney when you have no money?

Fact: Ketosis Can Cause You to Fail a Breath Test

Ketosis is where the body starts breaking down “fat” for energy, instead of the regular “glucose”. This happens when a person is on a “low-carbohydrate, high-protein diet” or if the body lacks insulin or is diabetic.

Are Bars and Clubs Responsible if Their Customers Get a DUI?

  By HG.org
People injured in DUI cases often sustain life-changing injuries. Frequently, these injuries mean the victims will require expensive medical attention, either for a short period of time or for the rest of their lives. Of course, individual drunk drivers may not have the resources to fully compensate victims in these situations.

The Federal Sentencing Battle

The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.

Victims of Human Trafficking Charged with Prostitution

Too often women are charged and convicted of prostitution, when they could more accurately be described as victims of human trafficking.

Illinois' New Photo Lineup Law

Wrongful convictions can destroy lives. Being convicted of a crime one did not commit can land an innocent person in prison, saddle him or her with fines and legal fees, and destroy his or her career and relationships while the truly guilty party lives free.

Civil Claims Contrasted to Criminal Proceedings in Fraud Cases

If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.

Data Thief Falciani is Closing a Deal with India’s Government Officials

The Indian government suspects millions of untaxed money from Indian High Net Worth Individuals in Switzerland. That’s why they made a lucrative offer to famous data thief Hervé Falciani.

Underage Drinking Liability: Illinois House Bill 4745

Minor in possession. Open container violations. Driving under the influence. Minors are particularly susceptible to committing these alcohol-related crimes in peer-driven situations while still underage. Some parents have resigned to the fact that their children will drink regardless of their efforts, and will do everything they can to keep them safe—even if that means breaking the law themselves.

Can a Minor Be Charged with Statutory Rape?

  By HG.org
Children seem to grow up faster today than ever before. As a result, many teens feel the pressure to enter into sexual relationships with their peers at younger and younger ages. This has created an interesting dilemma in the law regarding whether one minor can be charged with statutory rape for having a sexual relationship with another minor.

Sexual Assault Prevention on College Campuses

For high school seniors and their parents, Spring can mean the excitement of learning which colleges and universities they have been offered admission to, and which new campus communities they may become a member of in the Fall.

What Do I Do If Attacked In A Public Place?

  By HG.org
Many find it surprising to know that violence has actually been on a steady decline for decades. Unfortunately, it does still happen. Often, altercations occur in a public location, such as a bar or club, a store, or a park or public street. When an attack occurs, what can you do to defend yourself and who is liable for any harm you suffer?

What Are the Rules for Police Lineups?

  By HG.org
Having an eyewitness testify that he or she saw the suspect commit the crime or some act associated with the crime can be powerful evidence for a prosecutor. Realizing this, the United States Supreme Court and state courts across the country have established strict guidelines regarding police lineups.

Couple Uses Tax Payer Money to Fund Dream Wedding

A married couple have been convicted of benefit theft after it was revealed that they had used the overpayments to pay for their wedding abroad.

Someone Hacked My Phone or Computer, What Can I Do?

  By HG.org
There are few things that feel more violating than finding that someone has hacked into your phone or computer. When this happens, the first reaction may be to call the authorities and report the breach. But, many are surprised to find that police are not always terribly interested to hear about the event. So, what can you do if someone hacks your computer or phone?

How to Stop Domestic Violence

  By HG.org
Black eyes, broken bones, missed days from school or work. For some, these may seem familiar. Whether they are occurring to you or someone you know, it is important to know that we can all help stop domestic violence.

Where Is It Legal to Put Surveillance Cameras?

  By HG.org
In an increasingly surveillance-based society, it may seem that cameras are everywhere around us. If you look around, you may find cameras in unexpected places that you pass on a daily basis. But, how far can all of this surveillance go? Are there places that cameras are not allowed? Where is it legal to put surveillance cameras?

Is Graffiti Art Legal Under the First Amendment?

  By HG.org
Many cities around the US deal with the problem of graffiti art everyday. Sometimes it may be a name, a threat, an image, a symbol, or a brilliant canvas of the graffiti artist's imagination. Whatever the case, it usually involves painting something on someone else's property. So, whose rights should win out? The artist's right to free speech or the property owner's right to the quiet use and enjoyment of their own property?

What Can I Do About a Stalker?

  By HG.org
Sometimes, infatuation can turn into something more dangerous. A person may have such a strong connection in their mind to someone else, even if they have never met them in person, that they can being to act very irrationally. When that person crosses a line, he or she may become a stalker. So, what can one do about a stalker?

What is an Involuntary Civil Commitment?

  By HG.org
Most people are familiar with the concept of a criminal commitment (i.e. a prison or jail sentence). But not everyone has heard of the concept of an involuntary civil commitment. So, what is this, how does it fit into the American legal structure, and when is it used?

Jail Populations

A recent study by the Vera Institute of Justice, in collaboration with the MacArthur Foundation, reports that there are over 3,000 jails in the United States.

Wisconsin Marijuana Laws and Penalties

Wisconsin Marijuana Laws and Penalties for Possession, Paraphernalia, Growing and Intent to Deliver/Sell/Distribute

Defenses to Eyewitness Testimony in Criminal Cases

  By HG.org
Hearing that there is an eyewitness to a crime can cause a great degree of apprehension in a criminal case. However, there are several ways that a criminal defense lawyer can challenge such eyewitness testimony.

How to Avoid Fraud Adopting a Child from the Ukraine

The procedure of adoption of a child from Ukraine is complicated, expensive and long. Ukrainian legislation makes the process of adoption transparent as much as possible, candidates must prove their welfare and reputation (in the broadest sense of these words) to exclude the possibility of adoption by dishonest and careless parents.

Virginia Credit Card Theft Forgery Fraud Penalties Laws

The following are the different laws regarding credit card crimes in Virginia.

MD vs. VA Child Pornography Solicitation Of Minor Laws & Federal Court

Two of the most commonly prosecuted computer sex crimes laws in the US are child pornography sex crimes and solicitation of minor sex crimes. These two charges have different statutes that make this kind of activity criminal in VA, MD & in the Federal Courts.

When Is It Okay to Shoot Someone?

  By HG.org
The use of deadly force is an extremely sobering event. Despite dozens of expressions that joke about shooting somebody, choosing whether or not to actually use potentially lethal levels of violence against someone is no laughing matter. If you need to make this decision, it is important to understand when it is okay to take such action and when it is not.

Are Cults Legal?

  By HG.org
It seems like every year another cult ends up in the media, having amassed weapons, engaged in child sex crimes, or after killing or abducting someone. This has led many to ask how cults remain legal in the United States.

What Are Miranda Rights?

  By HG.org
Anyone who has watched an American crime show (and even some in other countries) probably have heard someone “read their rights.” But, what are these, why do police always say them, and how do they work?

Dos and Don’ts after Being Arrested

  By HG.org
Some of the most critical mistakes in a criminal case occur after a suspect is arrested. Here is a list of things to do and not to do if you find yourself in this predicament.

When Do I Need a Lawyer?

  By HG.org
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.

New Scam from Phone Number (425) 206-5635 Regarding Government Grants $9,000

  By HG.org
We just received a phone call from a scammer informing us that we were entitled to $9,000 of Government Grants.

Should I Hire a DUI Lawyer?

  By HG.org
Although some individuals may opt not to hire an attorney to handle their DUI case, there are several situations in which a defendant can benefit from having a private attorney. Here are some issues to consider when making this important decision.

Robbery Law in Washington - Things you Must Know

Know the real meaning of robbery as per law in Washington. Also, know the categories of robbery, and discover how it differs from burglary.

What Happens When a Person is Charged with Illegal Reentry?

Returning to the United States after being deported or removed is a violation of federal law. Alleged offenders could be sentenced to prison before being returned to their home countries—where they could face additional consequences as well.

Sex Crime Cases in Texas: How They are Prosecuted, Defended, and Carried Out

Texas has unique sex crime laws, and each case can "go federal" for different reasons.

Scammed by Someone from Another Country, What are My Legal Options?

  By HG.org
They are a routine part of our modern, online world: Internet scams are a daily annoyance for many. Often found in annoying emails, website popups, and other dark corners of the web, these digital scam artists seem to be everywhere today. And, with many of these scams operating overseas, it has left many to wonder what they can do if they fall victim to the tricks of someone from another country.

Preliminary Screening for DUI

Traffic stops by law enforcement are serious business. More often than not, motorists are pulled over because of driving infractions and/or traffic violations.

Appealing Criminal Convictions for Unfair Trial

Eddie Ray Routh was recently convicted and sentenced to life in prison for the killing of Navy Seal, Chris Kyle and his friend, Chad Littlefield.

New York DWI FAQs

If you’ve violated DWI in NY, the repercussions can be staggering; a negative impact on your career, increased insurance premium costs, personal and family embarrassment and a ruined driving record which can take years to repair. We’d like to share some of the common DWI questions.

Ban the Box Law and Criminal Convictions' Effect on Employment

For decades, virtually every employment application included the common question, “Have you ever been convicted of a crime?” It did not matter if it was a misdemeanor or perhaps a more serious offense that resulted in spending time in prison.

How Do Subpoenas Work?

  By HG.org
While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.

What Conditions Apply to Probation?

  By HG.org
Probation is a conditional sentence, meaning that if the defendant does not comply with the conditions, the probation can be revoked and the suspended jail sentence can be imposed. Probation conditions vary widely by geographic region, as well as the type of court that entered the probation. In some cases, a judge may impose specific provisions, while in others, a probation officer may impose certain conditions.

My Dog Just Bit Someone, What Do I Do?

  By HG.org
Most people see their pets in a light similar to their own children. So, when a dog misbehaves it may be easy for an owner to overlook the bad behavior and forgive the errant puppy. But, what if the dog bites someone? Are there legal ramifications? What should an owner do?


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