Criminal Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.
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.
Exceeding the Prescribed Concentration of Alcohol is one of the drinking driving charges in Victoria, Australia. When can you be found guilty? Learn about the legislation for this offense and how it is established and defended in Court. Know what to do when charged.
The State of Arizona has some of the strictest DUI laws in the entire country. There are many differences between DUI charges, such as the differences between Misdemeanor and an Aggravated DUI charge in Arizona.
Have you destroyed or damaged a Commonwealth property? In Victoria, the act is a serious criminal Commonwealth offense that may result in up to 10 years in prison. Know more about the law for this offense and the legal steps you should take when faced with this charge.
What are the elements of the offence of the offense of giving benefits to a Commonwealth public official? Learn the Victorian criminal law for the offense of “Corrupting Benefits Given To, or Received By, a Commonwealth Public Official”.
It is not only divorces and child custody proceedings that you will hear one parent claim the other parent has “abducted our child.”
Have you caused a financial or property loss in Victoria? You could be charged with “Dishonestly Cause a Loss”. Find out the elements of this Commonwealth offense and what you should do in case you get charged.
Having more than one wife or husband in Victoria can lead to you being charged with Bigamy. What are the exact elements of this charge? Find out how the charge is established and defended in Victorian Courts.
Two witnesses at different locations observed his van going at about sixty miles per hour as it approached Estelle Avenue.
Got into a car accident? If you were driving a motor vehicle in Victoria when the accident occurred, you could be charged with “Duty of Driver, etc. of Motor Vehicle if Accident Occurs”. Find out the possible legal consequences and the best way to deal with this charge.
What criminal responsibilities are there for Victorian drivers of non-motor vehicles when accidents occur? Know the law, the maximum penalty, criminal defenses, and the steps you should take when attending courts.
Charged with a Riot offense? What is the difference between public order offences and how other violence offenses? Learn the law and know how a case is established and defended in Victorian courts.
A question we get asked on our website all the time is, what are white collar crimes? With the rise in today's technology it's highly likely that you or someone you know has been a victim of a white collar crime from counterfeit currency to identity theft. Continue reading this article to understand more about the most popular forms of white collar crimes.
City of Addison, Texas Traffic Ticket Lawyer
When can you be found guilty of careless driving? If you’re in Victoria, this article can help you prepare to face the Court on carelessly driving charges. Learn the legal aspects surrounding the offence of Careless Driving.
When can you be found guilty of child pornography in Victoria? If you’ve been charged, especially for the production of child pornography, the consequences for conviction could be very severe. Know your criminal rights and find out how you can defend yourself in Court.
Kidnapping is often considered a crime only practiced in third-world countries like El Salvador and Ecuador.
When can you be found guilty of Extortion with Threats to Destroy Property? Learn about the Victorian criminal law for this charge – the penalties, criminal defenses, legislation, and the steps you should take when charged with this offense.
Fraud emanating from the employee level rather than the more typical organization level is often indistinguishable to the victim. However, these are two distinct forms of misdeed and must be approached differently in order to affect a positive outcome for the victim.
Do you know the Victorian criminal law for Recklessly Causing Serious Injury? Find out how the charge is established and defended in Victorian Courts.
The discussion usually continues into a discussion of fire camp and home on probation (HOP).
In each Illinois case, the crime is defined as involving personal infliction of “great bodily harm.”
Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated from the crying.
Have you been charged with an Assault offence in Victoria? Know more about the law and find out how you can defend yourself in Court.
If you are facing a criminal conviction, you need to consult an appellate lawyer to understand whether filing an appeal will be appropriate
There is such an apparent “crimes spree,” a common question we hear is whether the juvenile will go to “juvenile hall,” prison or jail for an extended period, or at all
CIn 2012, Mr. Washington faced prosecution in California for assault by means of force likely to produce great bodily injury (Penal Code § 245(a)(1)) and battery causing serious bodily injury (Penal Code § 243(d)). The jury convicted him of such charges and found true three sentencing enhancements for personal infliction of “great bodily injury” as a serious felony under Penal Code § 1192.7(c)(8).
Trade secret theft is generally addressed through civil lawsuits. However, in some cases, the misappropriation of trade secrets can rise to the level of a federal crime. The Economic Espionage Act of 1996 criminalizes trade secret theft committed for personal benefit within the country or for the benefit of a foreign government.
The alleged damage was over $400, a violation of Penal Code § 594 (a) (“Felony Vandalism”).
Different Categories of Drugs
A recent news story recounted the events surrounding the arrest of three alleged criminals in Temecula. A homeowner called police after a confrontation with three people in his garage.
Have you been charged with Causing Injury Recklessly in Victoria? Learn more about this charge and how you can defend yourself in Court.
Have you been charged with Causing Injury Intentionally in Victoria? Know more about the offence and what you should do to defend yourself in Court.
Bonds can be an extremely confusing matter. Sure we have heard of them being referenced in movies and our latest favorite legal drama, but do you actually know what it means or how it works?
Confession Is Inadmissible if Probation Offic Promised Shorter Sentence If Suspect Waived Right To An Attorney
Nn parole, Christopher Gonzalez used a hammer to hit Daniel Castillo in the face, fracturing his jaw, skull, cheekbone and nose
Voters passed Proposition 215, the Compassionate Use Act of 1996 (“CUA”) and it was put into legislation
In Florida, when a police officer pulls you over under the suspicion of driving under the influence (DUI), the officer may ask you to take a field sobriety test. To learn about the three standardized field sobriety tests used in Florida and whether you can refuse to take such tests, read on below. After all, when it comes to your legal rights, knowledge is power.
DUI convictions rest on the evidence from breath tests, but they are not always accurate. Learn the tricks of the trade from a Los Angeles DUI lawyer.
Under Minnesota’s implied consent law, any individual who chooses to operate, drive or be in control of a motor vehicle is automatically assumed to have consented to a blood, urine or breath test. These tests are used to determine whether there is a presence of alcohol or any other controlled or hazardous substance in a person’s body.
It is well-established law that in order to justify an investigative stop or detention, police must have a “reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur and that the person is involved in that activity.”
It’s no secret that South Florida is a party town. Between its idyllic beaches, recreational boating culture, vibrant nightlife, cultural and sporting events, and dozens of colleges and universities, it is certainly a fun area to live and play. Unfortunately, underage drinking is rampant. The police in South Florida take this problem very seriously and frequently make arrests for underage possession of alcohol.
The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations. Juan G. was sixteen years old in early 2012 when he allegedly committed attempted murder and violated the terms of a criminal gang injunction. The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations.
On the night of August 17, 2007, Virginia Lopez was working at a restaurant in Julian, California, near San Diego. While working, she had three shots of tequila between 8:45 p.m. and 10:15 p.m. At about 11:00 p.m., she left work to drive home. As she drove home, she ran head-on into a pick-up driven by Allan Wolowsky, killing him. About two hours after the accident, Ms. Lopez provided a blood sample.
Persons under the age of 21 in Florida will often purchase or make their own driver’s license or identification card with an altered or forged date of birth or use the driver’s license or identification card belonging to a sibling or friend over the age of 21 who they resemble. For more information, check out the following summary of the laws related to fake, false, or altered IDs in Florida:
For those that are pulled over and tested by an officer for signs of drinking and driving, one thing that is commonly looked for is the onset of Horizontal Gaze Nystagmus, which can be a sign of alcohol consumption. While nystagmus can be evident in anyone, alcohol can cause it to be more severe or occur sooner than it normally would.
If you have received a traffic ticket in Fort Lauderdale, Broward County, or Miami Dade County, do not pay it. If you pay the ticket you will get points that will stay on your record for a long time. Your insurance rates will go up. Your driving privilege will be put in jeopardy. So don’t pay your traffic ticket. Want to avoid getting points for a traffic ticket in Fort Lauderdale?
The senior population in this country continues to grow, presenting even more viable targets for Medicare, Medicaid and other healthcare related frauds. As it stands now, this type of fraud costs the government billions of dollars each year. Help yourself avoid becoming a victim by learning what types of scams are out there, as well as what steps to take to avoid being victimized.
Quamie Brown allegedly drove his white Cadillac up to Gerardo Calderon and Jesus Castro, who were standing on the sidewalk. Brown allegedly called over to Castro, through his rolled down window, “What the fuck are you guys doing here? Get the fuck out of our neighborhood.” Castro then told Calderon, “Let’s get out of here.”
The arrest of a suspect is the first step in the process of a criminal case getting filed. The arrest is followed by a police report which describes the circumstances of the arrest. A prosecutor then goes through the report to decide whether or not to press for criminal charges. The prosecutor may also seek an indictment from a grand jury, as an alternative.
As a criminal defense lawyer in Miami and Fort Lauderdale, I get asked at every social event I go to “what happens if I get stopped for DUI “? The answer depends on whether you have been drinking and how much you have consumed. If you have had nothing to drink (and aren’t under the influence of any other substance) fully cooperate with the police, take all of the tests they ask you to, and answer all of their questions.
Arizona laws surrounding drunk driving and those arrested for DUI are very strict. These days police officers pretty much have the right to pull someone over for any reason, even something as small as a minor traffic violation. The moral of the story is if you are going to drink, do it very, very responsibly. Make sure you take a cab if you plan to have a night out, don't take your chances.
A defense attorney can assist during a Miami bail hearing to ensure that your or a loved one’s rights are protected. If you recently received a phone call from a relative or friend who has been arrested, posting bail is probably at the forefront of your mind. While the process is relatively simple, you have to ensure that bail is posted correctly in order to expedite your relative's or friend's release.
Law enforcement obtained orders authorizing wiretaps involving fourteen cell phones used by defendant Steven Montes. The orders involved the magistrate’s finding of probable cause that Montes and others “have committedIn 2005 and 2006, law enforcement obtained orders authorizing seven wiretaps involving fourteen cell phones used by defendant Steven Montes.
Georgia rolled out its new procedure for jury selection on July 1st, and some Atlanta criminal attorneys are questioning whether the new procedure could lead to misrepresentation of the general population. By using a master list compiled from driver’s licenses and voting registration records, some lawyers fear that the process will exclude many Georgia residents who are not traditionally documented.
Plea bargains account for nearly 90 percent of all criminal cases in Florida, making them the most common way to resolve a criminal case within the American justice system. Critics of plea bargains are of the view that it is an unethical way to easily dispose of a criminal case as plea bargains save the State considerable time, money and resources.
If you are facing deportation for being convicted of a felony, you would need to contact a lawyer immediately. If you are in the United States on a green card or a visa, the worst thing you can do is commit a felony. Committing felony may get you deported out of the country. The immigration officials may even downgrade your status on the basis of felony or non-felony conviction.
If you have been charged with a white collar crime, there are several defenses that can be used to save you. Get in touch with a defense lawyer as soon as you can. When a businesswoman or a businessman commits a crime at a business, it is referred to as white collar crimes. Such crimes may also include crimes like fraud and embezzlement. Sociologist and criminology expert Edwin Sutherland came up with this term in a speech that he gave in 1939.
Reported Marietta Crime and Criminal Defense - Jurors in Marietta, GA are expected to deliberate on a killing that occurred 15 years ago. The defendant was arrested in 2010 and charged with a crime that was committed in 1995. The defendant has been charged with the murder of a 30 year old woman and also with the stabbing of her then 5 year old son, who survived the attack.
In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.
Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this. In the third incident, Mary Hernandez allegedly was standing in her house and looked out the window to see Smith masturbating in her backyard. Ms. Hernandez quickly closed the curtains.
It’s funny how things change. Just a few years ago, foreign companies flooded into Ukraine, driving up the prices of everything – buildings, factories and land. Now, just a few years later, Ukraine is considered to be a high-risk country with a notoriously difficult business environment. Unfortunately, this is a fair assessment, and it’s largely due to systematic government corruption and bureaucracy.
Follow these seven tips from a Miami traffic attorney if you are ever pulled over for a traffic stop. 1) Pull over at a safe location: If a police officer indicates for you to pull over, put on your turn signal to drive to the nearest, safe location and pull over. If possible, pull over as far to the right as you can, so that when the officer approaches your driver’s side window he will not have to worry about being hit by cars in the right lane.
Penal Code § 451 states that a person is “guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsel or procures the burning of any structure, forest land or property.” A conviction for a violation of § 451 is a felony, carrying with it a minimum prison sentence of sixteen months and a maximum sentence of three years in state prison.
The Second Appellate District recently made new law by affirming a Pomona judge’s decision that felony, rather than misdemeanor, vandalism charges were proper when the total damages are considered. In this case, there were damages suffered by defendant’s mom and an apartment owner, which when totaled, exceeded the misdemeanor vandalism limits of $400.
A man sentenced to death row after allegedly murdering two members of a family wants a new trial. His appellate lawyer appeared before the Georgia Supreme Court arguing that the man’s rights had been violated. Cobb County, Georgia – A man sentenced to death row for murdering a mother and her twelve-year-old son is seeking a new trial.
A DUI is not exclusively for drivers who drink and get behind the wheel. A driver under the influence of drugs, either illegal or prescription, can experience impairment to the extent that it affects the ability to operate a vehicle safely. Just recently, a man and woman died as they pulled away from a Houston gas station parking lot. They were killed by a driver who was high on drugs and slammed into their vehicle after he ran a red light.
If you have been charged with or are the subject of a prostitution investigation you need to hire a Fort Lauderdale criminal defense attorney or a Miami criminal defense attorney immediately to help you navigate the prostitution laws in Florida. Alexis Wright is a 29 year old Zumba instructor who lives and works in Kennebunk, Maine. As she taught her Zumba classes she developed a side line of offering prostitution services to the men in her community.
A recent study shows that in Florida, an estimated 83 traffic fatalities and 3,345 non-fatal traffic injuries were attributed to driving after underage drinking. One way the state is trying to combat the devastating traffic, health, and social problems associated with underage drinking is through its zero-tolerance policy for underage drinking.
Resisting arrest under Penal Code § 148(a)(1) is the misdemeanor version of Penal Code § 69, which is usually a felony. Section 148(a)(1) is violated when one obstructs an officer or EMT when the officer or EMT is performing his or her duties. The prosecution must prove that defendant knew or should have known that the person affected was an officer or an EMT performing such duties.
Both residents that reside in Miami, Florida and tourists just visiting the extravagant city take advantage of the beauty by taking boats out on the water. While being on a boat is great fun many act irresponsibly mixing their boating experience with alcohol and ultimately find themselves getting charged with boating under the influence. Here are answers to common questions when charged with a BUI in Florida.
The Cristian Fernandez case was a rather upsetting one. It is the case where a young boy was responsible for the death of his younger half-brother. There has been a lot of controversy following this case for the state has decided to try the young boy as an adult. A recent ruling has suppressed key evidence in the case which has led the state to file an immediate appeal.
Driving while intoxicated (DWI) by prescription drugs is considered a crime, just like driving under the influence of alcohol or illegal drugs. Yet reports have shown that drug-related DWI offenses can be much more difficult to prove. While there are clear standards for determining whether a person’s driving is impaired by alcohol consumption—the legal blood alcohol concentration threshold is 0.08 percent in Texas and in other states—there is no such standardized limit for impairment by drugs.