Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
Minnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.
If you have received a careless driving ticket in Broward or Miami-Dade County, you probably got the ticket due to being involved in an automobile accident where the officer investigating the accident found you to be at fault or the cause of the crash. A careless driving charge in Florida carries a four point penalty against your license. If you pay the ticket outright, these points will be assessed on your license, which will cause your car insurance rates to increase.
Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.
Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.
Several banking giants, such as HSBC and Standard Chartered, are currently being investigated by US regulators for alleged failings in anti-money laundering (AML) compliance. All fingers point to lapses involving outsourcing units operating without adequate oversight.
Internet solicitation of children and teens has been a persistent problem following the immense popularity of the Internet as a means of information and communication. The state of Florida has put in place adequate laws to deal with this problem firmly and reduce the risk of Internet surfers becoming victims of such online solicitation.
People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.
When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.
What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?
In the United States, the US Constitution's 4th Amendment provides protection for US citizens from unreasonable search and seizure.
In January 2013, a pilot was arrested after failing a breathalyzer test in the cockpit. The pilot was about to take off with more than 50 passengers aboard the plane.
A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
The Council on Alcoholism & Drug Abuse reports that approximately 16,000 alcohol-related traffic accident deaths occur every year in the United States. According to the Centers of Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA), alcohol plays a role in about one out of every three traffic fatalities.
Most people are very aware of the dangers of drinking and driving, but texting while driving is becoming just as serious a threat on our public roadways.
From the tragic Station Night Club fire came a decision from the Rhode Island Supreme Court discussing R.I. Gen. Laws § 12-28-5. See Derderian v. Essex Ins. Co., 44 A. 3d 122 (R.I. 2012).
Felony traffic offenses are the most serious type of criminal traffic offenses.
Sex offender registries exist in one form or another across the nation, but there are differences state to state. However, most (if not all) state registries are public in nature.
Privacy is a thing of the past, and in a matter of minutes potential employers can have the ability to access public arrest records. In fact, in 2010 73% of companies conducted a criminal background check for all candidates.
Drug manufacturing offenses can be charged for the cultivation, production or possession of items necessary for the creation or growth of illegal drugs.
The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
While the Internet, email, smartphones, and the widespread usage of social media sites have improved our lives in many ways, they have also unfortunately become the breeding grounds for new types of crime.
This article describes the most common defenses used when facing a criminal charge. It's important that the accused are made aware of their rights so that they can properly defend oneself. Briefly describes self-defense, statute of limitations, alibis, entrapment, and insanity defense strategies.
Unless you’ve been living under a rock, you’ve surely caught wind of the viral news story about Miami’s bad girl du jour: the foul-mouthed, bird-flipping teen Penelope Soto. Here’s a recap of the infamous February 2013 courtroom incident:
In imposing sentences in Federal Court judges are required to consider the advisory sentencing guidelines adopted by the United States Sentencing Commission.
The state of Arizona has extremely harsh penalties for DUI convictions. Starting in 2012, the Arizona legislature passed a bill to lessen some of those penalties.
A mugshot is a photographic portrait taken of a defendant by the police department after the defendant has been arrested and is in police custody. Typically, the arrestee will take one front-view photo and one-side view photo. The purpose of a mugshot is to provide law enforcement with a photographic database of all arrested individuals, which is then often used by victims and investigators for identification purposes.
The Internal Revenue Service Criminal Investigation Division serves the American public by conducting criminal investigations regarding alleged tax violation and various money laundering statutes. The IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. There is a long, complicated investigation process involving many levels of personnel that goes into prosecuting these types of criminals.
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
Law enforcement officials agree that intoxicated driving during the day is a rising problem.
The Hawaii Department of Taxation has announced its goals for 2013, and the #1 goal is to increase voluntary compliance. The Department is going to focus its outreach and enforcement efforts on non-compliant groups, including non-residents and persons "new" to the tax system.
In California, the responsibility of school employees to report suspicion of child abuse is not only a component of a person’s moral compass, it’s the law. Communities rely on places like institutions of education to provide an element of safety for children, and teachers and administrators are assumed to uphold that expectation.
In the following 2009 case, a DUI matter, O.M. was driving his car when hit by DUI Defendant R.P. on Beach Boulevard in Orange County. O.M. sustained broken ribs, back fractures and a serious knee injury.
A Principal in Disturbing the Peace May Be Sentenced to 25 Year-To-Life for Attempted Murder that Follows
A reasonably foreseeable consequence of two rival gangs disturbing the peace, in confronting each other is a weapons discharge, as did occur. Consequently, as a principal in disturbing the peace, the attempted murder conviction was proper. Therefore, the 25 years-to-life sentenced was proper.
A court trial was then held on the petition. The evidence was that he was diagnosed shortly after birth in 1966 with being mentally retarded, but not mentally ill until 1992 when he had a violent outburst at his family home and threatened to kill himself. In 1999, he began hearing voices, he said, and also began calling people on the phone incessantly. In 2010, police were called to R.C.’s home in response to an alleged criminal threat made by R.C. over the phone.
To execute just one innocent person is too much, even if it means that people convicted of offenses like homicide will escape the ultimate punishment for their crimes.
More and more often, the collateral consequences of a criminal conviction (often referred to as the four C's) are more serious than the direct penalties determined in court.
Often times defendants without legal representation end up getting held for criminal offenses when they shouldn’t be.
As summer begins, so does the opportunity for teens and other underage people to try drugs and alcohol for the first time.
The Malta Financial Services Authority has issued a Circular addressed to the investment services industry regarding the Prevention of Money Laundering and Funding of Terrorism (Amendment) Regulations 2009, following the revision of Part I of the Implementing Procedures which changes are being introduced through the inclusion of a new Chapter 9 and additional paragraphs to Section 6.1 of the Implementing Procedures.
A victim may motivated by revenge or spite or even offering to dismiss charges with bribery.
Proposition 36 amended the state's Three Strikes Law due to overcrowding of state prisons.
New York City is known as the nation capital for federal securities and investment fraud investigations and prosecutions. The most common claims in arbitration filed in New York include Breach of Fiduciary Duty, Negligence, Fraud/Misrepresentation, Failure to Supervise and Breach of Contract.
In the midst of marijuana reform, and even legalization in some states, there are many parts of the country whose marijuana laws remain stringent, and some states are even getting stricter.
2012 marked a year of marijuana reform, legalization and heightened freedoms for recreational users. While some states have taken steps back, others have begun to pave the way and have inspired conversations among lawmakers.
Sexual offense or abuse is when one person intentionally, knowingly or recklessly harms another person or threatens to harm another person sexually and without the other party’s permission.
Internet sex crimes are becoming more prevalent and more serious in today's technology-driven society where offenders falsely assume their online identity is anonymous. The Internet Watch Foundation confirmed 1,536 child sexual abuse domains on the Internet in 2008, 58% of which were housed in the United States. Child pornography is a $3 billion annual industry, and continues to grow with its' demand.
The reader of this article may understand that a .50-cal weapon fires a very large round, one that probably can take down a hippopotamus or even perhaps an elephant. It is used in the military often to penetrate buildings with stucco and drywall (the author of this article is a former Marine with seven years of active duty service, including combat experience).
The National Transportation Safety Board (NTSB) recently recommended that all states require ignition interlock devices for first time drunk driving offenders.
Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant
In 1994, California amended its law again so that any sex offense conviction-felony or misdemeanor-required continuous registration, regardless of expungement. This was Penal Code § 290.1 (1994).
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.
Under AB109, also known as the Criminal Justice Realignment Act of 2011, California began a policy to reduce its prison population to ease over-crowding. The overcrowding was deemed by the U.S. Supreme Court to constitute cruel and unusual punishment for the prisoners and thus a violation of the U.S. Constitution’s Eight Amendment ban against cruel and unusual punishment.
On 19 October 2012, the FATF (Financial Action Task Force) has decided to suspend Turkey’s membership on 22 February 2013 unless the following conditions are met before that date: (1) Turkey adopts legislation to adequately remedy deficiencies in its terrorist financing offence; and (2) Turkey establishes an adequate legal framework for identifying and freezing terrorist assets consistent with the FATF Recommendations.
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
Make no mistake about it. Possession of child pornography (Penal Code § 311) is considered a serious crime. However, it is subject to many defenses, regardless of whether defendant faces federal charges or state charges.
Congress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”
Defendant Removed from Courtroom Not Entitled to Have Audio Video Feed to Hear or See Testimony in Trial
Defendant appealed his conviction on multiple grounds, however, this article will limit its scope to Defendant’s argument that his state and constitutional due process rights to a fair trial were violated by not being provided a video or audio feed of trial proceeding after he was removed from the courtroom. Defendant had moved earlier for a mistrial on such grounds, but that motion was denied.
Penal Code § 288.4 is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony, depending upon the facts of the case and the client’s criminal history. It is most often filed as a misdemeanor if the defendant has absolutely no prior criminal history (excluding minor traffic offenses such as speeding or parking tickets).
Most states classify their felonies by class, ”a class D felony ” is a term that is often heard. Florida does not have Felonies that are classified by letter.
The Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.
Accordingly, the conviction was reversed and the matter was remanded for retrial, with instructions to the trial court to remove that part of the subject jury instructions which said, “or not aware of the essential characteristics of the act because the perpetration tricked, lied to, or concealed information from her.”
The U.S. sentencing guidelines defined “controlled substance offense “as an offense “as an offense punishable by a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance) with intent to manufacture, import, export, distribute or dispense.”
Finding a job with a criminal record can be very difficult. If you have had a misdemeanor in Miami, you need to understand the difficultly of finding a job and what to do about it.
This article’s focus is narrower. The following new laws affect criminal liability, as they are additions to the Penal Code and involve criminal liability, meaning jail, prison, fines, seizure or forfeiture of assets. The laws are referred to by the AB or SB number, or Assembly Bill and Senate Bill number, respectively. Their statutory reference in the Penal Code will be established shortly, but are not at this time.
If you are facing DWI charges in Texas, or are just interested in the the drunk driving laws of the state, continue reading this article written by a DWI lawyer in Texas to learn more about this state's statutes. DWI and DUI laws differ in every state, so it's important to know the laws just in case you are charged with a DWI in Texas.
Prosecutors often ask for STATIC-99 report to document how dangerous a defendant is and to support a longer sentence or more onerous plea bargain.
While most would agree that the most significant piece of evidence in a DUI case is the results of a blood alcohol test, cases do arise in which this information is not available. It then comes down to a debate between the arresting officer, and the defendant.
Communications between a client and his attorney are generally privileged under the attorney-client privilege, which is a legal and ethical concept that preserves the confidentiality of communications between a client and his attorney.
The issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.
Homicide charge can be serious. You are required to hire a lawyer with specialization in criminal law to prepare the murder defense.
Are you convicted of a traffic law violation? A lawyer can come to your rescue in this difficult situation of yours. The lawyer after analysing your case details will acquaint you with different courses of action and their pros and cons. He will then, gather information about your case and examine the aspects of the offense charged against you.
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
A recent study published in the Journal of the American College of Surgeons shows that patients who undergo gastric bypass surgery take a longer period of time to process alcohol in the body which can lead to excess drinking and other problems.
The Second Appellate District, in People v. J.S. (2012 DJDAR 16323), quickly recognized that the “kill zone” theory was based on principles of transferred intent. The court pointed out the distinction between the intent in murder and that in attempted murder.
In recent years, white collar crimes are on the rise due to easier accessibility to private information on the internet allowing for fraud, identity theft and embezzlement. Penalties can be harsh for this offense without the help of an aggressive attorney.
Effective July 1, 2012, the state of Kansas made some changes to its current DUI laws and penalties. One particular change that went into effect is how the state is now criminalizing chemical test refusals.
According to a recent report in the Pittsburgh Tribune-Review, on December 31, a Dauphin County Court of Common Pleas Judge ruled that machines, known as Breathalyzers and Intoxilyzers, cannot be considered accurate for specific blood-alcohol levels.
According to a recent report in the Pittsburgh Tribune-Review, on December 31, a Dauphin County Court of Common Pleas Judge ruled that machines, known as Breathalyzers and Intoxilyzers, cannot be considered accurate for specific blood-alcohol levels. He deemed readings between zero and 0.05 and readings above .15 percent potentially inaccurate.
“Exposing oneself” means to reveal your entire naked body. Exposing one’s “private parts” means to show your bare genitals. Showing a bare female breast is not considered exposing one’s “private parts” (or else breastfeeding mothers might face indecent exposure charges). Similarly, flashing someone your under wear, no matter how revealing or skimpy, is not indecent exposure for purposes of Penal Code § 314.
In Australia, failure to comply with taxation laws can lead to a Commonwealth criminal charge. What happens if you are found guilty and what penalty can you receive? Know the law for this offense and what you should do if you are charged.
What can you do if your Pennsylvania driver’s license is suspended?
The prosecution argued that the request for a certificate should be denied because the plain text of Penal Code § 4852.05 requires, the applicant to, during the period of rehabilitation, “live an honest and upright life… and obey the laws of the land.” As M.Z. admitted he committed a felony in 2007, the petition should be denied on that basis alone.
Sometimes an officer will find someone sleeping in their car on the side of the road, often in the early morning hours. Other times, a driver will park his car along the side of the road and run into the bushes to urinate or vomit, only to meet an officer as the driver returns to the car, keys in hand.
In November of 2007, Mrs. N.C. went to her husband’s house, where her daughter then lived. She took a Lynx Black Cat golf club with her and pounded on the front door of the house, demanding custody of her daughter. The daughter was inside and heard the pounding, but B. did not open the door. B. told Mrs. N.C. he would call the police. Their daughter “saw her mom and then ran to her room, crying.”
Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable
This article will mostly cover just the first ground of the accused's appeal. The Fourth Appellate District began its analysis by nothing that there are five elements of the crime of making a criminal threat, according to In re George T. (2004) 33 Cal. 4th 620, 630, fn. omitted.
Traffic crime offenses in Miami, Florida can be categorized as both felonies and misdemeanors. The majority of traffic violations are considered civil infractions but there are cases where traffic offenses are deemed as criminal in nature.
If A Defendant Has Four Or More Prior Larceny Convictions, A Subsequent Larceny Offense Is A Felony.
Breaching an intervention order? If you live in the state of Victoria (Australia), breaching a condition of an intervention order could land you in prison for more than a year. So, how do you fight the breaching intervention order charges in Court? Read on to know the possible defenses.
Charged with a DUI? What consequences are you likely to face if found to be under the influence of alcohol or drugs while driving? Learn about the criminal law for this traffic offense and get advice from an expert about how to deal with the charge in Court.
Are you listed on Victoria’s (Australia) sex offender registry? If you fail to comply with any of the reporting conditions, you will be charged with a criminal offense. Find out the law for this charge and know what exemptions are being accepted by Courts.
On March 8th, 2012 Pennsylvania will join 35 other states with a statewide traffic law banning texting while driving. Under Senate Bill 314, text messaging while behind the wheel will be subject to primary enforcement, which allows law officers to stop and cite offenders for that reason alone and will carry fines of $50. The new traffic law does NOT ban talking on handheld phones while driving.
A complaint alleging a violation of section 594 can be filed as a misdemeanor or a felony. When the value of the damage is less than $400, the complaint is for a misdemeanor violation; when it is $400 or more, the complaint is filed as a felony. However, it is possible to resolve cases as misdemeanor vandalism when the value of the damage is over $400 and defendant has no prior record.
Reckless driving is defined as driving “a vehicle upon a highway in willful or wanted disregard for the safety of persons or property…” Under subsection (b) of Vehicle Code § 23103, this crime can be committed also in an off-street parking facility.
Being charged with a DUI in South Florida has very serious repercussions. It is important to find a DUI defense attorney that will do everything in their power to ensure that a DUI conviction does not haunt you for the rest of your life. The best DUI defense attorneys in South Florida are often able to get a DUI charge expunged, leaving you with a license and a clean record to police and employers.
Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it.
Obviously sexual offences are considered some of the most serious criminal charges in Australia – especially if the victim is a child. What legal consequences are there for indecent acts with a person under the age of 16? And how is this charge processed in Victorian Courts?
How does Victoria treat crimes related to terrorism? If you’ve been charged with collecting or making documents likely to facilitate terrorist acts, you need to know your rights when questioned. Learn how the charge is established and defended in Court.
Self-defense is not a new idea or concept. It has been around for many years. The notion of protecting yourself against intruders is something most citizens take to heart. It is better to have some way of protecting yourself in your own home when intruders invade, and such instances allow a victim to fight back if necessary.
What legal consequences are there for failure to answer bail in Victoria? Know the law and the proper way of addressing legal issues arising from this bail offense. Read on to find out the elements and defenses for this charge.