Criminal Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.




A Guide to the Criminal Process

If you have recently been taken into custody for any felony or misdemeanor offense, you may soon be enduring the complex criminal process. The following is a guide to help you understand the criminal process. Facing criminal charges is arguably one of the most detrimental and eye-opening experiences that a person can endure during their entire lifetime. What makes this process even more daunting? Knowing that you were wrongfully accused and arrested of committing a criminal offense.

The Uniform Code of Military Justice and Court-Martials

If you are a member of the military and have been accused of a crime, you could be in a very serious situation. As the civilian criminal system varies greatly from the military system, you need to be aware of certain aspects of your case. Most people are aware of what happens when a civilian is accused of a crime.

What is a Wobbler and May a Felony Be Changed to a Misdemeanor?

There are several common offenses that a prosecutor can chose to charge as either a felony or a misdemeanor, depending upon the facts of the case and the defendant’s criminal history. In other words, the charge can “wobble” between a felony and a misdemeanor.

What Exactly is a Bond?

There are a lot of reasons why someone may end up in jail, but anyone that has been there can tell you that you will want out as fast as possible. The Jacksonville area can supply you with the perfect criminal defense attorney that will be able to help work with you in order to make sure you are freed of as many charges as possible.

Your Rights to Refuse a Search at a Traffic Stop

There is nothing more nerve racking than being pulled over by a police office. More often than not people know what they were doing wrong, but wonder if they will be able to get out of it. There are times that the person has no idea what they were doing to be pulled over in the first place.

Violating Your Terms

When you are placed on probation, you aren’t quite off the hook yet. To find out about what can happen if you violate your probation, keep reading. When kids get into trouble, they are likely grounded. What happens when they are grounded though affects not only the extent of their restriction, but it also affects how their parents view them in the future.

Supreme Court: Warrant Required in GPS-tracking Case

In late January, the U.S. Supreme Court unanimously ruled to restrict law enforcement’s ability to use GPS tracking devices to follow the whereabouts of those suspected of crimes. The case represented an early test of the right-to-privacy in light of developing tracking technology.

One or Two Strikes? Appeals Court Says Two Attacks Thirty Minutes Apart

On the evening of July 20, 2010, Harley Paul Finney stabbed Chad Robinson more than ten times. Robinson almost died. During Finney’s trial in San Luis Obispo Superior Court, the jury was unable to reach a unanimous verdict on the attempted murder charge, but did return a guilty verdict for assault with a deadly weapon (Penal Code § 245 (a) (1) with a finding that Finney inflicted great bodily injury on the victim (Penal Code § 12022.7 (a).

DUI Sweeps Targeting Multiple DUI Drivers in Southern California

Special task forces and California Highway Patrol officers recently arrested 40 people suspected of driving under the influence of drugs or alcohol in Southern California. The CHP has been developing and implementing a variety of innovative enforcement programs over the past several years in an attempt to better enforce California’s strict DUI laws.

Getting Help from a Personal Injury Law Firm after a Motor Vehicle Accident with a DUI Driver

Enlisting help from a personal injury law firm in Decatur may be necessary if the motor vehicle accident involves a DUI and injuries. Talk to an auto accident compensation attorney now. If you’ve been injured in a DUI motor vehicle accident in which the other driver is at fault, there are some things you need to know when filing your injury claim.

How to Deal with False Accusations of Child Abuse

One of the growing problems in American households and divorce cases today is the occurrence of false accusations of child abuse. While a large percentage of child abuse accusations are true, accusing someone of child abuse is one of the easiest ways to earn the sympathy of the court and ruin the reputation of another. Being falsely accused of child abuse by a spouse, family member or someone outside of the family can be devastating and hard to handle.

Are Lie Detector and Polygraph Tests Reliable?

There are many types of machines that conduct lie detector and polygraph tests. They all vary in the way that they conduct the test or the features that they offer. Some machines are more sensitive to others so that they can easily pick-up on the slightest variation in the vitals. The end result is the same an unreliable reading on if a person is actually telling the truth or not.

Advantages of a Good Los Angeles DUI Defense Attorney

There are strict laws regarding driving under the influence of drugs or drinks in most countries. The person can be fined heavily, may have to face strict charges, have his license suspended or even be given a prison sentence. Many U.S. states implement stringent guidelines on sentencing. DUI charges can be annoying and frustrating, especially if one is a first time offender.

What Types of Charges are Involved in a Drug Crime?

Drug crimes are a common occurrence and many find themselves facing prosecution for allegations including any type of involvement with an illegal drug. Whether a crime includes trafficking, possession or manufacturing, any form can put a suspect at odds with the law.

Bail and Can It Be Reduced?

To ensure a defendant’s appearance in court at a future date, law enforcement may set bail as a condition of releasing that defendant from police custody. Bail is a matter of right except in cases punishable by death, probation or parole violations and in certain public safety offenses. It can be paid in cash, personal check, money order or even a traveler’s check. Bail, however, is not excessive merely because a defendant cannot afford it.

Truck Drivers Face Harsher Repercussions for DUI Charges

Being charged with a DUI is never an enjoyable experience, but truck drivers who are charged with a DUI have even more to worry about. Drivers who possess a California commercial driver’s license, required to drive a commercial truck for a living, are at risk for losing their license and their job when they are charged and convicted of a DUI.

What is the Difference Between a Misdemeanor and a Felony?

Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a “wobbler.” When the District Attorney’s office decides to bring the case as a felony, our office always considers whether and how we can reclassify the case as a misdemeanor under Penal Code § 17 (b).

Supreme Court Opinion Raises Bar for Criminal Defense Attorneys

In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.

What is the Difference Between an Infraction and a Misdemeanor?

Certain offenses, depending upon the circumstances, may be charged as an infraction or a misdemeanor. The most common examples of this are petty theft (Penal Code §§ 484 or 490.1), disturbing the peace (Penal Code § 415) and trespassing (Penal Code § 602).

Defining the Different Fraud Crimes

Fraud is one of the more serious criminal offenses that a person can be charged with. Though it is not serious due to a physical act of violence, in most cases, it is a serious offense in the sense that it can cause great financial turmoil for a victim of fraud and potentially put a victim or group of people in danger.

Alternatives to Jail

Jail and prison are two locations that many people hope that they will never have to see in a lifetime. Fortunately, with the help of skilled legal counsel, you may have a fighting chance of avoiding jail by pursuing one of the many alternative options. If you have recently been arrested and charged with a crime, you may be wondering how you will handle this type of situation and what will come of the future.

What Comes After an Arrest?

After an arrest there are a number of steps that will be taken prior to the trial taking place. Being informed beforehand can save you difficulty if it is a situation you ever find yourself in. An arrest occurs when an officer takes you into custody for suspicion of any action that is illegal under the state or federal law. When arrested for a criminal accusation many people are unaware of what they will be in for.

Choosing an Attorney if You are Charged With a DUI in Georgia

This article gives advice on choosing an attorney when faced with a DUI charge in Georgia. In Atlanta, driving under the influence of alcohol has almost become a way of life. The public transportation systems are inadequate and the city itself is spread over an incredibly large area.

What are the Fifth Amendment Rights?

Established to prevent a suspect from self-incrimination during the arrest and throughout the criminal process, the violation of a person’s Fifth Amendment rights can have a catastrophic outcome on the case. If you believe that your rights have been violated, or you want to learn more about your rights given by the U.S. Constitution, don’t wait any longer to talk to a legal professional.

About the Expungement Process

  By JR Law PLC
If you have recently been arrested and had the charges dropped, you still need legal representation. As many people are unaware, there is no guarantee that a criminal arrest will not follow you into the future. Expunging your criminal record should be your main priority.

Sentencing Alternatives for Military Veterans Under Penal Code § 1170.9

Since 1982, with the enactment of Penal Code § 1170.9, our state legislature has recognized the unique needs of military veterans in dealing with California’s sentencing guidelines. In 1982, our courts were witnessing Vietnam veterans struggling with psychological and chemical dependency problems that manifested themselves in everything from multiple DUI’s, domestic violence, substance abuse and fighting in public.

The Rise of Auto Theft in Denver

It may surprise you to learn that a person living in Colorado is twice as likely to have their car stolen as a person living in New York City. According to the Colorado State Patrol, Denver has five thefts per 1,000 cars and a surprisingly large number of those thefts are carried out for the purpose of committing more serious crimes.

“Clean Halls Program” in New York City Faces Lawsuit

The current mayor of New York City, Mike Bloomberg, is notorious for his “stop and frisk” policy that is known by many New Yorkers as a repressive search policy in the NYPD arsenal. But a recent lawsuit has shed light on an even more oppressive tactic used by the NYPD that is known as the “Clean Halls program”. This program allows police to execute “vertical patrols” by going up into private buildings to conduct stop-and-frisk searches in the hallways without the landlord’s permission.

What are the DWI Field Sobriety Tests?

When you face charges for drinking and driving, you can greatly improve your chances of avoiding a conviction by learning as much as possible about how law enforcement agencies investigate and prosecute this crime. With a firm understanding of the process, you will be more capable of taking action to defend your rights.

Vehicular Manslaughter and Criminal Charges that Criminal Defense Lawyers Can Fight

Vehicular manslaughter is one of the most serious criminal charges you can face for a traffic-related violation, and it is most commonly seen in conjunction with charges like reckless driving or driving under the influence. If you or someone you know has been arrested for and charged with this type of crime in Fort Lauderdale, reach out to a team of criminal defense lawyers immediately.

Assault Arrest Leading to Juvenile Charges

Although it is often assumed that juvenile charges are not serious and will not result in any serious permanent ramifications, an assault arrest is treated very gravely by the court system. According to statistics, convicted juvenile offenders in Fort Lauderdale found guilty of assault are prone to repeat violence offenses in their future. As a result, the state often goes to lengths to prevent juvenile recidivism by aggressively prosecuting offenders.

What is the “Mouth Alcohol” Defense to DUI?

A fairly rare, but highly effective defense to a charge of driving under the influence (DUI) when the BAC is based only upon a breath test is the “Mouth Alcohol” defense. The basis for this defense is, in a nutshell, “garbage in, garbage out.” In other words, if the breath test assumption that deep lung (alveolar) air only is being tested is wrong, the BAC measured is not an accurate measurement of blood alcohol levels.

What is a “Rising BAC” Defense to DUI?

A common and often successful defense to a charge of driving under the influence (DUI) is the rising blood alcohol content (BAC) defense. This office finds it is one defense that not only the Department of Motor Vehicles seems to understand, but juries do, too. The gist of this defense is that while one’s BAC may be measured at 0.08 or slightly higher, the BAC of the driver when driving was lower than 0.08 and thus legal, meaning it did not violate Vehicle Code § 23152(b).

Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt

In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter. After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station.

Delay of Four Years before Filing First Degree Murder Charges not Sufficiently Prejudicial to Merit Dismissal

A jury convicted John Clyde Abel of first degree murder for the 1991 shooting and robbery of a grocery store owner. The shooting took place in a bank parking lot in the City of Orange. The judge sentenced Abel to death. During a part of the sentencing phase of trial, Abel conceded that he had robbed about twenty people in multiple scenarios over his lifetime that were never prosecuted.

Steps to Take if You are Arrested in Georgia

This article details what will happen after an arrest and provides tips for negotiating the process. - What to Do if You Are Arrested. For many people, being placed under arrest is one of the most traumatic events of their lives. Most are in a position they never expected to be in, and are completely unprepared for what they are facing. This article will attempt to detail what you can expect and what you should do in Georgia if you are unfortunate enough to be placed under arrest.

Accused of Phishing, Hacking or Identity Theft? Why You Need a Kansas City Internet Fraud Attorney

With the explosive and continued growth of the internet, it is no surprise that more and more crimes are committed such as phishing, computer hacking, identity theft, fraudulent transactions and other illegal activity. If you have been accused of such an offense, it is critical that you speak with a capable Kansas City internet fraud attorney right away. Without effective legal counsel, your reputation, career and future are at stake.

Hire a Kansas City Federal Crimes Lawyer When Charged With a Serious Federal Offense

Federal offenses are typically considered more serious than those charged at the state level, and the penalties are usually much more harsh. If you have been charged with such an offense, it is imperative that you seek the effective legal guidance of a Kansas City federal crimes lawyer.

Accused of Embezzling? Why You Need a Skilled Kansas City Embezzlement Attorney

When you are accused of or arrested for embezzling (whether innocent or guilty), it can be frightening and stressful. What will happen to you? Who can you turn to for help? An experienced Kansas City embezzlement attorney will answer all of your questions, guide you through what you can expect, and provide you with exceptional legal representation.

Turn to a Kansas City Credit Card Fraud Lawyer When Arrested for this Offense

If you have been accused of or arrested for credit card fraud, your future and reputation could be in serious danger. Kansas City credit card fraud attorneys know that without skilled legal representation, you may be facing monetary fines, jail/prison time, a permanent criminal record and community service, among other penalties.

Fairfax Traffic Defense Lawyers Help Protect You from Penalties and Loss of Driving Privileges

Whether you've been arrested for driving on a suspended license, hit and run, reckless driving, speeding or eluding police, it is critical that you obtain the services of a skilled Fairfax traffic defense lawyer. Why? Your driver's license is at stake, and you may face serious penalties which can impact your life.

How Hiring a Fairfax Drug Possession Lawyer Benefits Those Arrested on Drug Charges

If you have been arrested for possessing an illegal drug or substance, you may think there is really no point in consulting with a Fairfax drug possession lawyer. Even if you are guilty, it is essential that you have skilled legal counsel on your side.

Why an Arlington Traffic Defense Attorney is a Good Idea, Even if You've Been Issued a Speeding Ticket

Yes, even a seemingly non-serious speeding ticket can be considered reckless driving, which means you could face serious penalties. An Arlington traffic defense attorney has in-depth understanding of the traffic laws, and how serious violations can affect those who commit an offense - and even those who are innocent of the charges against them.

Choosing the Right Arlington Juvenile Crime Defense Attorney Could Change Your Life

In Virginia, a juvenile is a child any age below 18 years. A juvenile delinquent is a child who has been involved in a crime that would have been legally punishable, had the individual been an adult, and is under the age of 18 years.

Hire a Dallas Criminal Attorney to Handle Grand Jury

Whether you're a witness or accused, when you're facing a grand jury it is important to get the appropriate legal counsel from a Dallas criminal attorney. Since this process may be entirely new to you, you need to learn how to handle certain questions and what evidence you ought to present to defend yourself. A criminal lawyer in Dallas insures that you use all evidence available to you to prevent the charges and punishment.

Prison Rape in the United States

A Report from Your Florida Sex Crime Attorney - Rape is a horrific crime. Whether the assailant is a stranger, friend, or intimate partner, millions of people have been forced to endure the trauma, depression, and anxiety that comes with such an intimate violation. Florida rape lawyers witness the destruction that date rapes and stranger rapes can wreck upon a person’s psyche and can offer legal advice and support. However, there is one place survivors do not get the support they need: prison.

What Is Split Sentencing?

Since AB109, the measure to realign California’s overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains. While split sentencing has not quite caught on in Los Angeles County as it has in other counties, it may gain popularity as the jails become more and more crowded over the next year. Currently, the majority of split sentences apply to felony sentencing, but it can equally apply to misdemeanors, too.

Does Acquittal from Criminal Charges Give an Ex-employee Right to Reinstatement? - Ethiopia

The mere fact that a certain employee was acquitted from a criminal charge brought against him in relation to his employment relation doesn’t give the employee the right to demand to return to work with payment of compensation.

Common Questions about the Ignition Interlock Device

The ignition interlock device (IID) is a common penalty to befall many Texan drivers who are arrested for drunk driving. Still, there is still a large misconception about the machine, as well as what it does.

Did DUI Cause Wrongful Death? File an Injury Claim with Atlanta Law Firms

When someone makes the decision to get in their car and drive after having too many drinks or while under the influence of another substance, that person is deciding that their convenience is more important than the safety – and the lives – of others who might be on the road.

What is a Motion for Civil Compromise?

In vandalism, certain theft cases such as shoplifting and embezzlement, and criminal cases involving automobile property damage, a judge may dismiss the case if he or she is satisfied that the victim has been fully compensated for the loss or repair costs and it not desirous of prosecution. In other words, the monetary value of the loss or damage has been settled in a civil manner and the criminal court no longer has any need to be involved.

Alabama DUI Car Accident Law

This article provides a general overview of the possible routes to recovery for individuals injured by a drunk driver in Alabama. In recent years, nearly one-third of all deadly Alabama car accidents involved drunk drivers. Many times, the victims of drunk-driving accidents suffer substantial property damage and personal injuries while the intoxicated driver is unharmed.

Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction

For six years, Defendant Joseph Robert Horvath and his wife tortured, beat and maimed their adopted daughter, starting when she was nine and ending when she was fifteen. The wife thought her husband was sexually molesting the daughter, so she beat the girl until she confirmed this was so. Then the husband would take over and beat the girl for such an accusation, which was false.

Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution forbids a second trial to allow the prosecution a second, redundant opportunity to supply evidence which it failed to introduce in the first trial. In other words, the prosecution cannot make repeated attempts to convict an individual for an alleged offense if it fails to do so on its original attempt.

Kidnapping: Criminal Charges

Kidnapping is a serious offense that is harshly considered by the legal system. Those accused, right or wrong, will have a tough case before them to prove their innocence.

Adult Charges for Juvenile Crimes? It’s Legal in the State of Colorado

In the past month, lawmakers in the state of Colorado have vocalized concerns that too many youth are being charged as adults, and they are now trying to scale back the authority that prosecutors have in the state. Colorado prosecutors have always been able to charge juveniles as adults when they commit serious crimes because of a process called a “direct file”.

Types of DWI

If you or a family member were arrested for driving while intoxicated, it is important that you have all the information you need regarding your case. Knowing about the charges you may be facing could help you make the best decision about keeping your freedom. Driving while intoxicated (DWI) is a criminal offense throughout the United States.

The Difference Between Assault and Battery Charges

In most states, assault and battery are two separate charges that are almost always charged at the same time. If you have been charged with assault, battery, or both, you will need to know the difference between these charges and how they will affect your future.

What is a DMV Hearing for a DUI?

Upon being arrested and booked for DUI, one is issued a temporary driver’s license under most circumstances. This temporary license is on pink sheet of paper and, in small print, advises the recipient that unless he or she contacts the DMV to reserve a hearing within ten days of the arrest, the license will be automatically suspended.

DUI Attorneys in PA Warn of Increased Patrols for St. Patrick's Day

The Pennsylvania State Police as well as local police forces throughout Montgomery County, PA will be on roving patrols throughout the region to catch drunk drivers this St. Patrick’s Day, Saturday, March 17, 2012. PA police also plan to set up DUI checkpoints in various spots throughout the area to catch drunk driving offenders.

Effects of Sexual Abuse

Sexual abuse against children is one of the most heinous crimes that can be committed. According to police officers, even convicted murderers despise those who have sexually abused children. Child sexual abuse can be divided up into three categories: sexual exploitation; non-touching sexual offenses; and touching sexual offenses.

Signs of Child Abuse in a Day Care Setting: Part 2

Yesterday we discussed potential signs of mistreatment or abuse in a day care setting. Today we continue our discussion regarding child abuse as we consider the signs of various types of abuse. While many of these topics are exceptionally troubling, as parents it is important to pay attention to changes in the behavior of our children and recognize the importance of addressing these issues head on.

Types of White Collar Crimes

White collar crimes are non-violent crimes that usually occur in the business world. If you have been accused of fraud, embezzlement, or money laundering you need to learn as much as you can about the charges you are facing. White collar crimes were given their name due to the fact that they are usually committed by business professionals within their workplace.

Five Years of PAS (Preliminary Alcohol Screening) Device Records Found Inaccurate in San Francisco

In a major victory for criminal defense attorneys in the San Francisco area, the San Francisco District Attorney’s Office announced this week a joint investigation into the San Francisco Police Department’s use of PAS (preliminary alcohol screening) devices for at least the last five years.

Atlanta Criminal Lawyers Explain the Meaning of “Taking the Fifth”

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?

What are Violent Crimes?

If you have been accused of a violent crime, it is imperative that you have all the information regarding your case. Learn about the possible charges and penalties. According to the United States Bureau of Justice Statistics, violent crimes include assault, robbery, rape and sexual assault, and murder. The Federal Bureau of Investigation categorizes violent crimes by whether or not force or the threat of force was involved in the crime.

Understanding Your DUI and How to Fight it

Contrary to popular belief, DUI arrests do not have to lead to an ultimate conviction each and every time. With a knowledgeable and tenacious attorney, your chances of avoiding a conviction are far greater. It’s unlawful to operate a motor vehicle with a blood alcohol concentration of .08% or greater in all 50 states.

Conviction by Red Light Camera Upheld on Appeal

Within the last two years, there have been two successful challenges to tickets issued based on “red light camera” photographs and videos for violation of California Vehicle Code § 21413 (failure to stop at a red light).

Sex Crimes and the Criminal Justice System

There are multiple levels of sex crimes which are criminalized in the state of California, many of which carry mandatory sex offender registration. Hiring an attorney may be your only line of defense against a criminal accusation. In the state of California, many different forms of non-consensual sexual contact have been categorized as a sex crime.

New Sex Abuse Lawsuit Alleges Church Failed to Act after Learning of Priest's Deviant Past

Another sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the city’s West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church--- and in direct contact with children--- after similar allegations of sex abuse had surfaced.

Nursing Home Operator to Reimburse Government for Double Billing

In a settlement agreement with the U.S. Attorney, the operator of 18 nursing homes in Tennessee and Mississippi has agreed to reimburse the government $ 2 million related to allegations of fraudulent billing practices at its facilities. Further, according to the terms of the settlement, the nursing home will implement an internal fraud-monitoring program and will train its employees on compliance with Medicare rules.

Smith v. Iowa Department of Human Services (755 N.W. 2d 135)

Case: Smith v. Iowa Department of Human Services (755 N.W. 2d 135) Parties: Plaintiff (Appellee) - Smith - Defendant (Appellant) - Iowa Department of Human Services Court: Supreme Court of Iowa (2008)

Granddaughter Guilty of Financial Elder Abuse through Embezzlement and Moving Grandmother Out of Home

Our office receives numerous phone calls about financial elder abuse, usually involving quit claim deeds of property and / or second mortgages that go unpaid, resulting in a home foreclosure. It is unusual for law enforcement to take action in such cases, as such problems are seen as civil, not criminal, in nature.

Common Drug Crimes

What are the common types of drug charges? A defense attorney can help you understand the truth about drug possession, cultivation, trafficking and all other common offenses. Drug crimes are those types of criminal offenses committed in relation to the possession, sales, trafficking, or cultivation of illegal substances.

Court Reverses Felony False Impersonation Conviction Involving Use of Birth Certificate

California Penal Code § 529 makes it a crime to use a false identity to create or exploit a written instrument. The statute’s intent is to make it illegal for one to create liability for an impersonated person for a financial or legal obligation. The statute is a “wobbler,” meaning it can be prosecuted as either a felony or a misdemeanor.

The Serious Penalties for Drug Trafficking

The number of drug manufacturing plants across America is growing, but the majority of illicit drugs in our country are imported from other countries in South America and the Caribbean and Mexico as well.

Federal Court Rules Collection of DNA from Felony Arrestee Constitutional

Over the last year, the Ninth Circuit and more than one California Court of Appeal have ruled on the constitutionality of California’s law directing police to collect DNA from an arrestee. In a First Appellate District Court of Appeal decision in California, People v. Buza (2011 DJDAR 11741), the court reversed Buza’s misdemeanor conviction for refusing to provide a DNA sample.

What are the Charges for Marijuana Possession in Florida?

Florida drug laws are rather strict when compared to other states. Not only will a person convicted of possession or any other infraction of a drug law lose their license for two years, but they will also be facing fines and in some cases jail time. The state of Florida wants the residents and visitors to the state to understand that they are not playing around when it comes to the war on drugs.

Challenging the Police Officer Who Issued Your DUII

Driving while under the intoxication of alcohol or drugs is a practice that is illegal throughout the United States. The specific penalties and consequences for DUI and DUII charges are determined by each individual state, and the acceptable level of blood alcohol concentration is unique to every state as well. If a police officer suspects a driver of driving while intoxicated, they may pull the driver over and request a test to determine alcohol-level.

Why is My Vehicle Being Impounded?

Vehicle impoundment is a popular penalty imposed by law enforcement agencies for crimes such as DUI or failing to pay a traffic ticket on time. Having a vehicle impounded is a serious hindrance for the owner of the car, and may affect their ability to work and live a normal life.

The Process of DUI Sentencing

Have you been arrested or charged with a DUI offense? If so, the ruthless process of the criminal justice system has already started and you need to act quickly to defend your rights. DUI charges can be complex matters because you will be facing both a criminal and civil case with the possibility of severe consequences. From the moment you are charged, you will have a mere 14 days to request an administrative hearing to save your driver’s license.

Court Vacates Sentence of 150 Years to Life by Dismissing Three Prior Strikes

California’s Three Strikes law contains sentencing requirements that add time to one’s sentence if the individual has a prior conviction for a “strike offense.” “Strike offenses” are generally described as serious or violent felonies, such as murder, rape, armed robbery and arson, but can include other offenses that seem, by comparison, not too serious or violent. This often results in sentences one court described as “arbitrary, capricious and patently absurd.”

Drugged Driving and Florida Law

Driving under the influence of a prescription medication, an illegal substance or an over-the-counter medication can be as unlawful as drunk driving. In the state of Florida, DUI is defined as driving under the influence of alcoholic beverages, chemical substances or controlled substances. What does this mean? It means that it is unlawful to operate a motor vehicle when your normal faculties are impaired by the means of alcohol, or any other substance.

How a Misdemeanor Can Affect Your Future

While many people brush off a misdemeanor offense as a minor violation of the law, this serious crime can have a lasting effect on your life and your criminal record. Continue reading to learn more about the effects of a misdemeanor conviction on your record.

Challenging Your DUI

If you or a loved one is facing accusations of driving under the influence, there are ways to fight against a conviction. Learn how you could get your case dismissed by challenging the evidence against you and the method by which it was obtained. In the U.S., it is illegal to drive with a BAC (blood alcohol concentration or content) of 0.08% or above.

Intellectual Property Theft: Is SOPA the Solution?

The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.

Conviction Reversed for Burglary by Acetylene Torch at Best Buy

In the early morning hours of June 3, 2008, a silent alarm was triggered at a Murietta Best Buy. Police arrived and found “a large hole cut in a side steel door leading into the store that appeared to have been made by a torch.” Inside the store, police found a locked camera cabinet that had been forced open. A store security video showed a man in a hooded sweatshirt taking video recorders and cameras worth approximately $24,600 from the cabinet.

Looking to Clear Your Criminal Record?

Have you been charged with a crime in the past? If you have been accused and convicted of a criminal offense, your ability to secure work, housing, public benefits and financial aid in the future may be significantly impacted. The state of Washington has enacted laws that created a process for individuals who have a criminal record to clear misdemeanors, gross misdemeanors and felonies from their criminal record.

Immigration Consequences of a Conviction for a Drug Offense

With the exception of limited marijuana offenses, legal aliens are subject to deportation once convicted of any drug (or narcotic) crime in California. 8 U.S.C. § 1227(a)(2)(B). “Any” means simple possession of methamphetamine, cocaine, ecstasy (“X”), phencyclidine (“PCP”), codeine, hydrocodone (“Vicodin”), ketamine (“Special K”), gamma-hydroxybutyric acid (“GHB”), heroin, peyote, and many other drugs, including prescription drugs without a valid prescription.

Criminal Act Related to Condominium - Indonesia

  By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:

Expungements - A Capsule Summary of the Statute

Expungements serve an important purpose of the law: allowing criminal defendants to wipe their criminal history clean, so long as they do not abuse this privilege. Understanding the New Jersey statutory framework is critical before an attorney should attempt to submit a petition to the courts. Below is a short, capsule guide to navigating the (surprisingly) detailed law for expungements.

An Overview of Georgia DUI Laws

It is unlawful to operate a motor vehicle with a BAC of .08% or greater nationwide. The state of Georgia is particularly harsh with their DUI punishments and much like other criminal offenses; you will need a competent attorney to help you retain your driving privileges and your freedom.

Immigration Consequences a Conviction for Domestic Violence

Our office often represents folks accused of domestic violence and who are not U.S. citizens. A big issue is consequently the effect of a conviction on their ability to legally remain in the United States and return to the United States if they leave for any reason.

DUI Checkpoints in PA: Should They Be Banned?

At least two states are considering legislation to ban DUI checkpoints on the basis that checkpoints violate citizens' rights. DUI checkpoints are stationary roadblocks conducted by police officers who make suspisionless stops to check for intoxicated drivers. If it is determined that a motorist who passes through a DUI checkpoint is intoxicated, he or she will be arrested for driving under the influence of alcohol or controlled substances under 75 Pa. C.S.A. § 3802, the PA DUI law.

FBI Changes Rape Definition:Florida Rape Attorneys Explain Ramifications

For the first time since 1920, the FBI has updated its definition of rape in a move hailed by feminists, rape crisis centers, police, victim’s rights advocates, and Florida rape lawyers. The old definition of rape was the vague “carnal knowledge of a female forcibly and against her will.” The new definition is far more in line with current understanding about the nature of rape: it defines rape as the penetration of a person, regardless of gender, without the person’s consent.

Minnesota Supreme Court Rules on Urine Test for DWI Offenses

The law in Minnesota is forever changing as DWI attorneys challenge inaccurate testing for DWI cases. Review the latest changes in 2012. The Minnesota Supreme Court decided the case of State v. Tanksley on February 8, 2012. That ruling allows the State to continue using urine tests in DWI cases despite the significantly flawed nature of the test in relationship to intoxication.

What Happens if Police Say I Refused a Breath or Blood Test?

Our office often receives phone calls from folks who are arrested for DUI and are told by police that they must submit to a breath or blood test of their blood alcohol level. In perhaps five to ten percent of such cases, our clients refuse to give such a sample. They often ask, “now what happens?”

Avoiding Identity Theft — What You Can Do

Someone uses your credit card to charge a Caribbean vacation. Or accesses your bank account and drains it of funds. Or uses your ID while committing a crime. Identity theft refers to a broad range of crimes, including misuse of your financial information, name, Social Security Number and reputation. Identity—it’s more than your name, it’s life as you know it.

Call for a Nationwide Ban on Cell Phones and Texting while Driving

In December, the National Transportation Safety Board (NTSB) called for a nationwide ban on all cell phone use while driving. This goes beyond the hands-free laws enacted by ten states. Considering the dangers, why isn’t there such a ban in place? Cell phone use spread at almost an epidemic rate before the dangers were documented. Distracted driving causes more 6000 crashes and 3000 deaths each year.

Protect Yourself against Unscrupulous Debt Collectors

You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse contact. If you inform the collector you are represented by a bankruptcy attorney or other counsel, the collector must contact your lawyer rather than you.


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