Criminal Law Articles

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

Imputed Liability for the Criminal Defendant

  March 22, 2018     By
Vicarious liability is also coined imputed liability, and it affects both a company or parents along with the employee or child that commits a...

Nurse Assaulted by Patient - Is Hospital Liable?

  March 22, 2018     By
It is important to understand the liability in an incident in a healthcare facility when a patient assaults a staff member that may require...

Guest, Freeloader, or Tenant?

It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected....

Protective Orders against a Mentally Ill Child without Parent’s Consent

  March 21, 2018     By
Protective orders arise when a mentally ill person harms another through his or her actions even if the intent did not exist for this action....

What Is Voter Fraud and How Is It Committed?

  March 21, 2018     By
Voter fraud does occur within the United States, but there are many myths and lies that circulate every election term when the outcomes are not...

LLC Bank Account: A Partner Committing Fraud

  March 19, 2018     By
If someone connected to a limited liability company is engaging in fraud or fraudulent activity, it is important to consider the possible...

Class A Felony Classification in New York

  March 16, 2018     By
New York divides its crimes into two types like many other states: felonies and misdemeanors. Misdemeanors are usually considered less serious...

How Could Expungement Law Changes in Missouri Impact the Future of Those Convicted?

  March 16, 2018     By The O'Connor Law Firm, PC
Recently state law in Missouri changed for the better when it comes to people convicted of certain crimes and the ability to expunge or "remove"...

Immigration Consequences of Committing Voter Fraud

  March 16, 2018     By
When individuals that possess no citizenship in the country partake in voting events, this could skew the results for officials attempting to...

DUID and Missouri DWI Law

  March 16, 2018     By The O'Connor Law Firm, PC
Most people know that DUI and DWI are basically the same thing in Missouri, and mean driving while intoxicated or under the influence. However,...

Fair Credit Reporting Act and Improper Use of Personal Information

  March 14, 2018     By
The information provided by the Fair Credit Reporting Act is not for misuse or misreporting of credit details to those researching the...

Refusing a Sobriety or Chemical Test in North Carolina

  March 14, 2018     By
North Carolina has strict guidelines pertaining to drinking and driving. Individuals who are convicted of this offense can face significant...

The Lone Star State Leads Charge Against Crypto-Fueled Fraud

  March 14, 2018     By The Posey Law Firm, PC
While it's not illegal for cryptocurrency businesses to market in the state of Texas, companies that operate in this nascent market should make...

Smoke and Mirrors? With Marijuana Legalization, Canada'sParliament Proposes to Drastically Expand Police Power

  March 13, 2018     By Oykhman Criminal Defence Law
Legislation Commented On: Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments...

Problems with Field Sobriety Tests and Breathalyzers in Georgia

  March 13, 2018     By
When people are stopped for suspicion of driving under the influence, field sobriety and breathalyzer test results are often used as evidence...

Challenging a DUI in Washington, D.C.

  March 12, 2018     By
Washington, D.C. law enforcement takes DUI offenses seriously and is known for rarely offering favorable plea bargains. The Office of the...

California Law on Criminal Threats

  March 12, 2018     By
Often, the news is plagued with stories about terroristic attacks, mass shootings, intentional mass poisonings and other violent attacks....

Questioned about Voter Fraud - Do I Need a Criminal Lawyer?

  March 12, 2018     By
Governing of most voting events are through state and local authorities and officials, and the laws are specific on how voter fraud would affect...

Minnesota's Order for Protection (OFP)

  March 9, 2018     By Maury D. Beaulier, Attorney at Law
Understanding the Order for Protection (OFP) and your rights can be critical to your future.

Fourth Amendment Protections and Exceptions

  March 9, 2018     By Stephen Gustitis, Attorney at Law
Our 4th Amendment protections are key to individual liberty in our great country. Every time the police search or seize you or your belongings,...

Sexual Assault Laws in Pennsylvania

  March 9, 2018     By
Pennsylvania has a variety of laws that prohibit criminal sexual assault. These laws define criminal conduct and the potential penalties that...

Post-Conviction Relief and Time Served for Charges that Are Dropped

  March 7, 2018     By
When a person in prison is nearing his or her probation term, he or she may see the outside of the penitentiary with the rest of his or her term...

What Are Preliminary Alcohol Screeners?

  March 6, 2018     By
In order to measure the blood alcohol level of a driver suspected of driving while under the influence of alcohol, local law enforcement will...

When Employers Can Be Held Vicariously Liable for Criminal Acts of Employees

  March 5, 2018     By
It is essential for an employer to fully understand vicarious liability so that the business and those working for it are not to blame when an...

Federal Safety Valve: To Disclose or Not to Disclose?

  March 5, 2018     By The Law Office of Russell S. Babcock
The federal “safety valve” provides, in most cases, the only alternative for an individual charged with a serious drug case to escape a...

Explanation of Identity Theft Laws in Texas

  March 5, 2018     By
Identity theft occurs in Texas when an individual uses another person’s personal information to acquire goods, services or other things of...

When a Drunk Driver Causes a Car Accident

  March 5, 2018     By Salter Ferguson, LLC
Anyone who is involved in a car accident has the potential to be dealing with serious injuries, some of which may be life threatening.

Virginia Fraud Criminal Law Cases

  March 2, 2018     By
Criminal law cases with fraud in Virginia may involve everyday lives of many individuals depending on the circumstances of fraudulent activity...

Fake Traffic Ticket Email Scams

  March 2, 2018     By
Scams exist in almost every aspect of the online world, and fake traffic tickets are no exception when the individual seeking to defraud others...

New Law on Money Laundering and Prevention of Terrorism in Belgium & EU

  March 2, 2018     By Peeters Advocaten-Avocats
On 16 October 2017, the new law on money laundering and prevention of terrorism has entered into force.

When Speeding Tickets Result in a Court Appearance in New Jersey

  March 2, 2018     By
People speed every day because they are late for work, school or a doctor’s appointment. Speeding may be part of their daily routine. However,...

How Many Points Are Added to My Driving Record for a Speeding Ticket?

  March 1, 2018     By
Instances of speeding often end in a speeding ticket added to the driving history and record of the person behind the wheel to a negative...

New York Robberies and the Criminal Law Process

  March 1, 2018     By
Criminal acts of robbery usually cause harm to others and lead to severe penalties for those caught after their actions are over. The illegal...

Scammed by a Foreigner, What Are My Legal Options?

They are a routine part of our modern, online world: Internet scams are a daily annoyance for many. Often found in annoying emails, website...

Massachusetts Criminal Laws on Driving Under the Influence of Marijuana

  February 27, 2018     By
Massachusetts criminalizes the act of driving while under the influence of marijuana. Likewise, it is illegal to drive a vehicle under the...

Vicarious Liability in the Criminal Context

  February 27, 2018     By
Defendants in vicarious liability may cause another defendant to become part of the proceedings when the act of vicarious liability transfers...

Understanding Vicarious Liability: How You Can Be Responsible for the Acts of Others

  February 26, 2018     By
Knowing that someone else’s actions could cause potential legal problems could lead to serious consequences is a difficult concept to process....

Taking Your Name Off the Sex Offender Registry in Texas

  February 26, 2018     By
Texas allows some sex offenders to deregister from the sex offender registry. This strategy allows the sex offender to remove his or her name...

West Virginia DUI Checkpoints Near Me – Police Checkpoints – Sobriety Roadblocks

  February 23, 2018     By The Wagner Law Firm
West Virginia is one of 38 states that permit warrantless, random sobriety Roadblock and DUI checkpoints. These cases can be won, since (until...

How to Survive a Medicaid Fraud Investigation

  February 23, 2018     By Law Offices of John Howley, Esq.
When Medicaid fraud investigators ask for an interview, remember this: Anything you say can and will be used against you in a court of law. The...

Overview of Assault and Battery Laws in Georgia

  February 22, 2018     By
Georgia assault and battery crimes include “simple” offenses along with “aggravated” offenses. These legal distinctions are very important...

Can I go to Jail for a Traffic Ticket?

  February 20, 2018     By
Continued traffic tickets need attention for resolution before law enforcement need to take more drastic measures. However, the first step is...

Personal Injury in Massachusetts from Assault

  February 19, 2018     By
Assault cases in Massachusetts may lead to personal injury claims when the person sustained harm from the incident with the accused perpetrator....

Traffic Ticket Lawyers - When DO I Need One?

  February 18, 2018     By
Traffic tickets are a common nuisance that many face when driving in the wrong place before a law enforcement officer does his or her rounds and...

Cruel Swatting Prank Leads to Stranger’s Death

  February 16, 2018     By Hebets & McCallin
Swatting is the act of calling in a false report of a very serious crime to police in order to prompt them to send a SWAT team (Special Weapons...

Punishment for Possession of a Controlled Substance in Virginia

  February 15, 2018     By SRIS Law Group, PC
According to the Virginia code, section §54.1 – 3401, the controlled substance in Virginia is “a drug, substance, or immediate precursor in...

Reckless Driving Ticket Fines & Penalties in Virginia

  February 15, 2018     By SRIS Law Group, PC
Reckless driving is a serious traffic violation and therefore, it is categorized as a Class 1 misdemeanor in Virginia

Leaving the Scene of an Accident in Virginia/Hit and Run

  February 15, 2018     By SRIS Law Group, PC
According to the state of Virginia, based on the circumstances hit and run is a felony or misdemeanor crime, and it's very serious charge.

Basics of Possession of Child Pornography Charges in Florida

Prosecutors in Florida and federal law enforcement agencies fight diligently to convict individuals who are found to be in possession of child...

False Identification Law in Virginia

  February 9, 2018     By
Sometimes students or other underaged individuals may procure false identification to buy cigarettes, buy alcohol or gain admission to locations...

Changes to the Illinois Retail Theft Laws

  February 9, 2018     By
Illinois lawmakers have recently enacted changes to the retail theft laws in the state. The changes were made to the definition of the crime, as...

Australia: Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry

  February 8, 2018     By Doogue + George
It is interesting to reflect now on how this Royal Commission will proceed and on what lessons can be learnt from the recent Royal Commissions....

Defending Against Identity Theft Charges in Florida

Florida has the highest reports of identity theft of all states. Due to the prevalence of the crime, prosecutors take this offense very...

Failure to Maintain Control, Leads Charges for Reckless Driving in Virginia

  February 6, 2018     By SRIS Law Group, PC
If anyone living in the state of Virginia is charged for failure to maintain proper control, it refers to the reckless driving offense. You must...

Summary of Sentencing Guidelines for Misdemeanor Offenses in Illinois

  February 6, 2018     By
If a person is convicted of a misdemeanor crime in Illinois, he or she should be aware of the potential penalties that he or she may be facing....

Self Defense Principles Under Florida Law

In Florida, self-defense may be asserted as a defense when someone exerts force in a manner that would otherwise be considered unlawful. This...

How to Regain Driving Privileges in North Carolina After a DWI Suspension

  February 5, 2018     By
In North Carolina, it is common for people to lose their driving privileges after being arrested on suspicion of drunk driving. In some cases,...

The Rights of Those Falsely Accused of Sexual Assault in California

  February 5, 2018     By
In late 2017, a widespread “#MeToo” campaign tore across the country, highlighting multiple incidents of high-profile assaults committed by...

What Is Aggravated Mayhem in California Criminal Law?

Mayhem is an unlawful or malicious activity where the person has severed a limb, disabled or disfigured the individual, has cut a tongue or put...

Changes in Federal Criminal Law Since Trump

  February 5, 2018     By The Law Office of Russell S. Babcock
Many of my clients ask me how the election of Donald Trump to the presidency has changed the outlook on their cases. As one would expect, the...

Administrative License Revocation in Texas

  February 2, 2018     By
When a person is charged with certain offenses in Texas such as driving or boating while intoxicated, he or she may have his or her driver’s...

What Triggers a Medicare or Medicaid Billing Fraud Investigation?

  February 2, 2018     By Law Offices of John Howley, Esq.
Medicare and Medicaid billing mistakes can result in a fraud investigation with potentially serious consequences. You can be required to pay...

Can Denver’s Ban on Bump Stocks Affect Mass Shooting Casualties?

  February 1, 2018     By Hebets & McCallin
On Monday, January 22, 2018, Denver became one of just a few cities in the country so far to ban bump stocks. Across the country, city and state...

Criminal Conviction Appeals in California: What You Need to Know Before Filing Your Appeal

  February 1, 2018     By
Appeals are available when conviction occurs, but these are not always effective and may even lead to further disappointment if they fail....

Detention and Drug Dealing in Italy

  February 1, 2018     By Arnone & Sicomo
The possession and distribution of drugs is a very delicate issue, especially in relation to the specific aspect of the statute of limitation.

Roswell DUI Lawyer for a Georgia Drunk Driving Arrest or Traffic Ticket - Best DUI Attorneys

  January 31, 2018     By William C. Head, PC
Hiring a trial lawyer to avoid a DUI conviction in Roswell GA, plus save your driving privileges, and fight to get DUI charges dropped is...

Sandy Springs DUI Lawyer for Georgia Driving Under the Influence (DUI) or Traffic Ticket Case

  January 30, 2018     By William C. Head, PC
Hiring [an experienced] Sandy Springs DUI Attorney is the starting point for a successful criminal defense of a DUI in Sandy Springs, GA. DUI,...

Assault Charges against My Manager Resulted in Threat of Employee Termination. Is the Owner’s Threat also a Crime?

  January 30, 2018     By
Any type of assault, discrimination or harassment in the workplace usually leads to either criminal or civil charges against the individual,...

Virginia Class 1 Misdemeanor Punishment

  January 29, 2018     By SRIS Law Group, PC
In Virginia Class 1 Misdemeanor have a Punishment of 12 months in Jail and fine of $2500 and sometimes both given by the Virginia court

Ins and Outs of Probation Laws in Texas

  January 26, 2018     By
Many criminal defendants in Texas receive probation as part of their criminal sentence or as an alternative to incarceration. While receiving...

How Long Does a DWI Conviction Stay on a New Jersey Criminal Record?

  January 24, 2018     By
When someone has a conviction for driving while intoxicated, he or she have this on his or her record for a long time before it is expunged. In...

Georgia Criminal Expungement Rules

  January 23, 2018     By
Erasing a criminal record from an ex-convict is difficult and require a lengthy process with many different factors involved. In Georgia, it is...

Decriminalization of Marijuana Possession in Illinois

  January 22, 2018     By
In the 21st century, many states made great strides towards decriminalizing the possession of small amounts of marijuana. Some states even...

What Are Marijuana Laws in Illinois?

  January 17, 2018     By
Marijuana is currently illegal in the state of Illinois for recreational purposes. Using, distributing or selling marijuana in any quantity is...

Is Solitary Confinement Legal for a Juvenile and if so Is Four Years in Solitary Excessive?

  January 17, 2018     By
Juveniles that are placed behind bars may not remain in solitary confinement beyond a certain amount of time based on new changes to laws in...

Differences between Texas Criminal Offenses in Shoplifting and Robbery

  January 16, 2018     By
Individuals who are suspected of stealing in Texas may find themselves on the receiving end of property theft charges. These charges may include...

How to Use Stories to Distinguish Yourself from Other Criminal Defense Lawyers

  January 16, 2018     By Stephen Gustitis, Attorney at Law
Stories are the best way to communicate with people. We are hardwired to enjoy and respond to stories. Since criminal defense lawyers are such...

Will Using Medical Marijuana Affect My Parole

  January 12, 2018     By
The ability to acquire a permit for medical marijuana and use the substance depends on the state and laws that may alter permissible actions....

Limitations of Being a Sex Offender in Illinois

  January 10, 2018     By
Being convicted of a sex offense in Illinois can lead to severe consequences. A conviction often means registration as a sex offender, which can...

What Is Marriage Immigration Fraud?

  January 10, 2018     By
There are incidents of United States citizens selling their marriage rights to foreign nationals for a visa, so they may remain in the country...

What to Do (and Not to Do) If Stopped by Police in Illinois

  January 10, 2018     By
Many individuals experience the uncomfortable encounter of being stopped by police in Illinois. This is usually because the law enforcement...

Expunging a Criminal Record in Illinois

  January 10, 2018     By
Expunging a criminal record removes mention of the offense from your public record. Erasing this information from the public view can provide...

Obstructing Identification Crime in Illinois

  January 9, 2018     By
Obstructing identification occurs when a person refuses to identify himself or herself to a law enforcement officer when asked. Failing to...

Package Theft in Texas

During the holiday season, it is not uncommon for packages to be left unaccompanied on front porches and other locations that are easily...

I Fled the Scene of an Accident Because I Was Not Licensed – What Now?

  January 8, 2018     By
In most states, it is legally required for a person involved in a car accident to stop and report the accident. While there may be some...

Three Strikes - What Does This Mean in Missouri?

  January 8, 2018     By The O'Connor Law Firm, PC
Three strikes laws typically apply to habitual offenders who commit serious felony crimes. Three-strikes and similar laws exist in a little over...

Could Missouri's New Expungement Law Help You Clean Up Your Criminal Record?

  January 8, 2018     By The O'Connor Law Firm, PC
Missouri Senate Bill 588 (also referred to as SB 588) goes into effect on January 1st of 2018. If you have been convicted of a crime, how may...

New Year, New Pot Rules

  January 5, 2018     By Hebets & McCallin
As marijuana legalization makes its way across the country, the new year heralds new legislation in several more states.

When Can Police Search My Home Without a Warrant?

The right of protection from unlawful search and seizure is in effect for United States citizens, but sometimes the local and federal law...

How Does a Gang Enhancement Affect Sentencing in California?

A gang enhancement in California may assist in stopping terrorism on the streets of the state so that gangs are reduced or eliminated in certain...

Drug Mandatory Minimum Sentencing: Not Safe with Safety Valve

  January 3, 2018     By The Law Office of Russell S. Babcock
As any federal criminal law practitioner knows, there are a daunting set of mandatory minimum offenses in the federal law that trump any other...

Complications of Driving While High in California Criminal Cases

When driving in any state in the country, it is illegal to have consumed or taken an illegal drug, but there are additional complications based...

Can Law Enforcement Enter Someone Else’s Property to Arrest a Suspect?

  December 29, 2017     By
Sometimes a law enforcement officer may arrest a person in the property of another person. However, when this occurs, there must usually be...

Extradition of Foreign Nationals Under the MDLEA Subverts Justice

  December 29, 2017     By The Law Office of Russell S. Babcock
In 2001, I participated in the most intriguing criminal case of my career to date. More than a dozen Russians and Ukrainians, who were crew...

Police Used an Arrest Warrant to then Conduct a Search of My Home - Is That Legal?

  December 27, 2017     By
In some cases, police may procure an arrest warrant before arresting a person. The warrant gives them the authority to go to where the suspect...

RICO Charges in Florida

In addition to the federal Racketeer Influenced and Corrupt Organizations (RICO) charges that a criminal defendant may face are potential state...

11 Points of Action to Help Your Friend or Loved One After an Arrest

How do you help a friend or family member after they get arrested?

What Everyone Should Know about Interacting with the Police

If you’ve ever been questioned by a police officer, you know how intimidating and nerve-wracking the situation can be. Whether or not you have...

Firearms Denied after Domestic Violence Charge. Can I Get My Weapons Back if We Reconciled?

When a person is convicted of a domestic violence charge or the responded in an order of protection case, he or she may be stripped of the legal...

Crime of Forging Deeds in California

Forging a deed in California is similar in how the person is charged with a criminal offense and then arrested, but there are some differences...

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