Criminal Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Criminal Law.
A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) - (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.
Immigrating to the United States can be a challenging prospect as there are many legal requirements to navigate. Seattle immigration attorneys can assist you with the process of determining what method of immigration to use and can answer all of your questions about green cards, visas, the naturalization process, amnesty and other issues related to immigration.
Throughout Seattle, law enforcement agencies routinely set up DUI checkpoints. These checkpoints are intended to catch people who are driving under the influence of alcohol. If you are stopped at a DUI checkpoint and you are found to be intoxicated and arrested for a DUI, it is absolutely imperative you consult with a DUI attorney Seattle WA as soon as possible. A DUI attorney Seattle WA can review the case against you and the manner in which evidence was obtained.
In an effort to reduce criminal activity, California adopted a sentencing scheme known as the Three Strikes law. Under this statute, felony offenders who receive three convictions are automatically sentenced to life in prison by state courts. Supporters applaud the law and its effects on crime levels, but critics call for change in light of the thousands of prisoners serving life terms for nonviolent crimes.
Many people are confused about how an individual is charged with obstruction of justice because the definition of this crime is very broad. One of the most famous and widely publicized instances of obstruction of justice involved President Clinton and his attempt to delay, cover up and conceal evidence in the Paula Jones sexual harassment lawsuit.
If you are drowning in debt, often the best and only real solution to your problem is to file bankruptcy with the help of a bankruptcy attorney Seattle. While you may be offered other "solutions," by companies who promise to make your debt problems go away, unfortunately you will often find yourself in a much worse position if you take advantage of these offers than you would be if you just got help from a bankruptcy attorney Seattle and filed bankruptcy in the first place.
Like all states, Seattle has strict rules when it comes to minors and driving while intoxicated or impaired by alcohol. Because the rules are so stringent when it comes to minors and DUI, it is imperative to contact a Seattle DUI lawyer if your child is charged with driving under the influence.
Stealing purses can be a lucrative business, and that is one of the reasons why this theft crime is on the rise in Miami. The Miami Police have asked for help catching a purse snatcher who has been seen as violent and has been pictured in a recently released surveillance videos. The man, a black male approximately 5’9” and 19-20 years of age, reportedly fought a woman for her purse and knocked her on the head, body slamming her to the ground.
It’s no secret that police officers strategically place and time DUI checkpoints to catch the most offenders possible. State troopers in Johnson County and throughout the nation have made their intentions clear: they are cracking down on drunk drivers this graduation season. With momentous events like prom and graduation, people are also more likely to drive while partially intoxicated.
Raise your concern against Pornography - While there are many ways that pornography harms children, I want to assure you that every child who views pornography will not necessarily be affected and, at worst, traumatized in the same way. The effects of pornography are progressive and addictive for many people.
Raise Your Voice against Easy Access to Pornography Online - Rule: Teach your children to never give personal information over the Internet, such as name, address, telephone number, password, parents' names, the name of any club or team he/she is involved in, name of his/her school, or after school job.
If you consider yourself a DUI lawyer or criminal defense attorney, then you will find yourself trying cases and picking juries. With a little bit of prep work, you can make your jury selection work for you, and earn valuable points with the Judge and Jury while doing so. Winning Your DUI: Jury Selection - Do you consider yourself a Criminal Defense Attorney? If so, you must surely be trying cases in front of a Jury, right? Right??
Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the right to challenge his sentence. In People v. Ronald Snow, a felony case out of Yolo County, the sentencing judge awarded $44,994.85 in victim restitution for, among other things, dental bills incurred by the victim when Snow knocked loose the victim’s dental crown with a punch and left eye surgery.
Depression may result after a drunk driver accident in Fulton County causes injuries. Depression may result from shock, coping with injuries or losing a loved one. Understand that DUI victims have legal options when it comes to seeking treatment -- and compensation -- for their condition. The days following a serious car crash can be confusing and frustrating, especially as victims try to cope with the trauma they’ve experienced.
You or a loved one have been arrested for driving under the influence. No big deal, right? Wrong. DUI is a criminal offense that is not taken lightly today by judges, lawmakers and even ordinary citizens. Whether you are guilty or innocent of the charges against you, it is urgent that you consult with a skilled Kansas City DUI attorney who is capable of obtaining good results. Without a lawyer, you are placing your reputation, freedom and future in serious jeopardy.
Whether you've been charged with an offense that you consider minor or major, it is critical that you consult with a capable Arlington criminal defense lawyer right away. DUI is considered a criminal offense, just like assault, robbery, shoplifting, drug charges or arson.
The penalties for a DUI conviction in the state of Virginia are harsh, even for first-time offenders. In order to avoid the penalties altogether or at a minimum have them reduced, it is urgent that you consult with a talented Arlington DUI defense lawyer. Without strong legal guidance, you may find yourself facing jail time, steep fines, and a criminal record. It's also likely that you will face a lengthy driver's license suspension.
You may believe there is no reason to consult with a Fairfax DUI defense attorney, particularly if you are guilty as charged. However, this would be a mistake on your part, putting your career, reputation and perhaps even your freedom at risk. Why should you speak with an experienced DUI defense lawyer in Fairfax when arrested for driving under the influence? There are several reasons - and who you choose to represent you is just as crucial to the outcome.
You trusted your broker or financial advisor to help you make smart decisions and increase your investments; now, you suspect that he/she may have scammed you, or given you bad advice. Can an investment securities fraud lawyer help you determine whether you were indeed scammed, and is there anything that can be done to recover your losses?
Has a stockbroker or financial advisor misled you, recommending a product or investment that proved to be unsafe or not suitable for you? A skilled securities fraud attorney understands these often complex issues, and will work to recover your losses.
You have been charged with DWI, and you have questions. Will your license be suspended? Will you have to spend time in jail? These are just two of the questions a trusted Kansas City DWI attorney can help answer. When you need guidance and don't know where to turn, a lawyer can offer you not only skilled legal counsel, but help you fight the charges, which is recommended. Never think that you have no choice but to accept the charges against you - you do.
When you have been arrested on charges of drug possession, you may not immediately think about hiring a lawyer. However, if you do not consult with a capable Kansas City drug possession defense lawyer, you could essentially be wrecking your life. Why? Even a simple offense could cost you your freedom, reputation, and employment.
In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one’s driver’s license, we often hear clients comment, “If they suspend my license, I will lose my job.” Other times, the client says their license is vital to transporting a sick parent to a doctor.
18 U.S.C. § 1341 prohibits the use of the U.S. Mail in furtherance of “any scheme or artifice to defraud.” This statute was enacted in 1872. In 1999, Congress added the words, “or for obtaining money or property by means of false or fraudulent pretenses, representations or promises.”
If you or your child has been charged with possession and/or distribution of marijuana or other drugs, often times, prosecutors will offer enticing plea bargains. For example, the prosecutor might offer twelve (12) months probation and fines in return for pleading guilty to such charges. However, pleading guilty results in a criminal record, which could adversely impact a juvenile’s education, employment, or military opportunities.
It is nearly impossible for someone to turn on their television set and not see that news story involving the shooting of Trayvon Martin. The negative effect that the shooting has had on the state of Florida has drawn a great deal of attention to what is call the Stand Your Ground Law in Florida.
Automakers have received funding under the federal transportation bill for research devoted to standard safety features that would prevent drunk driving. One specific objective of the Senate-sponsored research is to determine whether it would be feasible to require alcohol-sensing technology as standard equipment in all future cars.
For many Americans, trying to understand the rules that regulate the securities industry and the investment firms that invest their money is like trying to read another language. The investment industry has grown immensely over the past decade, and that growth has brought a complicated and massive system of policing along with it. If you have invested your money in a security or a company, you must take extra precaution to protect your rights and avoid being a victim of fraud.
Approved by 63% of voters throughout Michigan, the Medical Marihuana Act became effective as of April 2009. This Act allows the use of Medical Marijuana within the state in accordance with the provisions stated, and over 222,413 original and renewal applications have been received since the creation of the Act. Only Michigan residents can apply to be a registered patient in the Michigan Medical Marijuana Program (MMMP).
Innocent motorists and pedestrians should contact a top car accident attorney in Las Vegas if they’ve been a victim of drunk driving. Although numerous education and awareness campaigns are prevalent in society, drunk driving continues to kill and injure people each day. People who drink and drive face more than jail and humiliation—they will have to live with the fact that their actions have ruined another person’s life.
In our experience with those accused of felony hit and run (Vehicle Code § 20001), the biggest issue is whether our client knew that they were leaving the scene of an accident with an injury. The client often thinks only property damage was the issue or that the other person was at fault. Sometimes, our client is even unaware that there was an accident at all, perhaps because the cars never exchanged paint. The client then explains who else may have been using the car.
The Federal Bureau of Investigation created the Uniform Crime Reporting Program (UCR) in the 1920’s to generate a reliable set of criminal statistics for use in law enforcement operation, administration, and management. The program is used around the nation and has become of the country’s leading social indicators as to the growth or decline in crime.
The most recent years has really begun to see a division of states when it comes to their strictness in regards to gun laws. Some states have provided strict laws for gun holders, and some have provided more flexibility while increasing the punishment for those that violate gun holder’s rights.
We have all seen it. An athletic person, appearing about twenty-five years old, pulls into a parking space reserved for handicapped parking. The driver opens the door of the car and jogs into the store, obviously disabled only in his or her judgment.
Anyone who has been charged with evading an officer, a violation of either Vehicle Code § 2800.1 (a misdemeanor) or § 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. We suspect this is because on television, police chases are common and well understood.
On May 21, 2011, a Chicago Streets and Sanitation city vehicle driven by 62-year-old Dwight Washington ran up a curb and slammed into a group of people on a Near North Side sidewalk, injuring seven. A bottle of brandy was found in the truck and Washington had a blood alcohol content (BAC) of twice the legal limit in Illinois.
The Chicago Tribune reports that a woman used a broken wineglass to slash her boyfriend’s neck during an early Monday morning domestic altercation in Chicago’s Rogers Park neighborhood. While law enforcement officials took the 51-year-old woman into custody, the injured man was transported to St. Francis Hospital in Evanston for treatment.
A little over a year ago, Naperville Illinois resident Travis Edwards was convicted of computer fraud, computer tampering and cyberstalking related to his ex-girlfriend, who was attending Northern Illinois University.
Illinois drunk driving laws require anyone convicted of a DUI to install a BAIID, or breath alcohol ignition interlock device before being able to start their car and drive.
A recent report given by the Chicago Police department shows that Chicago homicides are on the rise. A majority of those crimes were shootings, a statistic causing some concern for gun control in Chicago. In 2010, the Chicago City Council attempted to impose strict gun laws throughout the city after the United States Supreme Court overthrew the city’s handgun ban, which had been in place for decades.
According to an article in the April 10, 2012 edition of the Chicago Sun Times, a Lake County jail inmate passed away on March 3 from spinal injuries received during an altercation occurring within the jail. Although the death of 51-year-old Eugene Gruber has been officially ruled a homicide by the medical examiner, the Lake County’s state attorney has requested a review of the initial investigation conducted jail authorities.
Being subjected to an alcohol breathalyzer test can be a nerve-wracking experience, even if you have had very little (or nothing at all) to drink. Unfortunately, false-positive breathalyzer tests do occur. There are various reasons for a false positive breath test, mainly due to chemical fluctuations in the body produced by medications, diets, and even environmental substances such as oil-based paints, gasoline, and paint removers.
Drew Peterson’s defense team is ending an almost two-year battle to stop hearsay evidence from being introduced at his pending murder trial. Peterson, a former Bolingbrook, Illinois police sergeant, is charged with killing his ex-wife, Kathleen Savio in 2004. Savio, who was Peterson’s third wife, was found dead in her dry bathtub and her death was originally ruled an accidental drowning.
A San Joaquin County jury convicted Kesh Maharaj of multiple counts of lewd and lascivious conduct involving the same girl, who was under age 14. One count involved forcible lewd and lascivious conduct (Penal Code § 288 (b)) and three counts involved aggravated sexual assault (Penal Code § 269). In nine counts, he was convicted of lewd and lascivious touching. (Penal Code § 288 (a)).
If you are in prison or headed for prison, make sure you know your rights. Unfortunately, prison officials are sometimes abusive and may interfere with your rights as a human being and a citizen of the United States. If you feel that your rights have been violated, contact an Atlanta criminal lawyer or the Atlanta branch of the American Civil Liberties Union to help you get your rights addressed.
Defendant Toni Allexy, age 38, was a high school cheer leading coach. She invited a fourteen year old football player from the school to her house and encouraged him to drink alcohol with her. He did so. After getting the victim drunk and becoming, in her description, “beyond drunk,” she took the victim to her computer room, where alone with just him, she drew her initials on his check.
When you are accused of drunk driving in Chicago, then instead of handling the situation on your own, it is better to hire a good DUI Chicago attorney. Even in a case when the accused person is intending to admit the accusations on him, it would still be advisable to hire a professional who can give you some helpful advice before you have finalized your decision.
A police station house detention – also known as “detention of a suspect” – is the holding of a particular suspect in the police station for the purposes of investigating a crime that person may be related to or have participated in. Typically, a station house detention occurs after an arrest has been made but before any formal charges have been filed against the suspect.
Our clients who face serving time in county jail often ask about private jail. They may be concerned about being assaulted by another inmate or inmates, or they just wish for a single, private cell where they can sleep without worries. They may have heard about it when first arrested and always ask as if private jail is some type of urban legend that really does not exist.
The National Highway Traffic Safety Administration states that over 10,000 people died in a traffic collision that included a driver with a BAC level over the legal limit. To check who is drinking and driving on the roads, officers employ a number of tools to increase the accuracy of their inspection. It happens to many people.
People sometimes question the need for a DWI attorney. If you have been accused of DWI, you cannot afford to go without such vital representation. Working with a knowledgeable DWI lawyer often makes all the difference in a case outcome. If you have been arrested for DWI, you are probably trying to figure out how you will get out of this mess with the least cost and time required.
Disorderly conduct is a criminal offense that many people view as a “catch-all” charge because it does not have to be supported by strong evidence. This area of criminal law makes it a crime to be drunk in public, to loiter in certain areas and to “disturb” the peace. Even though disorderly conduct charges are typically classified as a misdemeanor or violation, individuals should challenge charges of disorderly conduct to avoid having a criminal record.
We've put together a list of 4 common myths about prostitution in Minnesota. - Myth: Only new clients can be undercover cops. Fact: Police often use hobbyists who have already been arrested to pose as people looking for sex in prostitution stings.
When a police officer pulls someone over for drunk driving, they will likely ask that person to step out of the vehicle and perform one or more field sobriety tests. Field sobriety tests consist of both physical and cognitive tasks that can give a police officer probably cause to believe a person has been drunk driving.
Too many people do not understand how damaging a drug conviction can be. Not only are there fines and imprisonment involved; such a conviction can greatly affect the rest of your life by making it difficult for you to even obtain a job. If you live in the state of Texas, it is important to understand laws regarding illegal drug possession and drug use.
For individuals who have never been charged with a DUI and are unfamiliar with DUI law, the ignition interlock device is a mystery. The ignition interlock device (IID) is a mechanism slightly larger than a cell phone that is installed in a vehicle’s dashboard after an individual has been convicted of a certain type of DUI. The IID works like a Breathalyzer and the driver of the vehicle must blow into the device and register a legal BAC before the vehicle will start.
In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.
The elderly population has always been an easy target for financial fraud by both illegitimate and legitimate companies. During the recent economic recession, reports of fraud against the elderly have been rising. The Federal Trade Commission in conjunction with state attorney generals has been increasing their consumer protection programs to protect elderly consumers.
Court Rules Change in Petty Theft Limit is Retroactive Turning Certain Grand Theft Conviction into Petty Theft
In 2010, the California Legislature amended Penal Code § 487 to increase the amount of property fitting the definition of petty theft. The amount was of property increased from $400 to $950. Any theft valued at $950 or below is consequently now petty theft; any theft of property with value above $950 is grand theft.
If you have recently been taken into custody for any felony or misdemeanor offense, you may soon be enduring the complex criminal process. The following is a guide to help you understand the criminal process. Facing criminal charges is arguably one of the most detrimental and eye-opening experiences that a person can endure during their entire lifetime. What makes this process even more daunting? Knowing that you were wrongfully accused and arrested of committing a criminal offense.
If you are a member of the military and have been accused of a crime, you could be in a very serious situation. As the civilian criminal system varies greatly from the military system, you need to be aware of certain aspects of your case. Most people are aware of what happens when a civilian is accused of a crime.
There are several common offenses that a prosecutor can chose to charge as either a felony or a misdemeanor, depending upon the facts of the case and the defendant’s criminal history. In other words, the charge can “wobble” between a felony and a misdemeanor.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.