Criminal Law Articles

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

Are Miranda Warnings Required for DUI Time in Local Jail?

  October 17, 2017     By HG.org
The issuing of Miranda Rights to persons that have been pulled over for suspicion of driving under the influence of drugs or alcohol does not...
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International Criminal Court: Handling Cases Involving Immunity

  October 13, 2017     By HG.org
There are many cases where one party has immunity, and there are certain factors that must exist to seek action against these persons, companies...

Administrative License Revocation (ALR) Defense in Texas

  October 13, 2017     By Stephen Gustitis, Attorney at Law
Administrative License Revocation (ALR) court is where we fight to protect a client's drivers license from suspension and get dirt on the cop.

Defending Burglary, Robbery and Theft Related Charges in Philadelphia

  October 12, 2017     By Wimmer Criminal Defense Law
Burglary, robbery, and theft-related charges in Philadelphia and throughout Pennsylvania carry serious consequences which will affect your life...

Defending Drug Trafficking and Drug Offenses in Philadelphia

  October 12, 2017     By Wimmer Criminal Defense Law
Defending drug trafficking and other drug offenses in Philadelphia requires a skilled criminal defense attorney who understands the best...

Defending Assault Charges in Philadelphia

  October 12, 2017     By Wimmer Criminal Defense Law
Assault charges in Philadelphia are actually quite complex. The successful defense of any assault-related charge will be based upon the...

Defending Murder Charges in Philadelphia

  October 12, 2017     By Wimmer Criminal Defense Law
Defending murder charges in Philadelphia requires experience and an extensive understanding of the strategies which can make the difference when...

The Persuasive Case - The Story

  October 12, 2017     By Stephen Gustitis, Attorney at Law
The story is the vehicle through which a case is built for the jury. Juries are programmed to listen to good stories.

The Persuasive Case - Evaluate & Narrow

  October 12, 2017     By Stephen Gustitis, Attorney at Law
The criminal defense attorney selects the best interpretation and arguments for the client from all the possible cases.

The Persuasive Case - Brainstorming for Ideas

  October 12, 2017     By Stephen Gustitis, Attorney at Law
Brainstorming for ideas is key to a successful trial lawyering practice. Focusing too much on legal analysis inhibits the generation of ideas.

International Crimes and Extradition

  October 12, 2017     By HG.org
When someone has been accused of a crime, he or she is usually provided the right of a fair trial. However, some of these situations involve...

Using a Forensic Scientist as an Expert Witness

  October 11, 2017     By HG.org
Forensic science is useful when criminal or civil court cases arise from various complications. With the assistance of a forensic scientist...

The Persuasive Case - Get the Facts

  October 11, 2017     By Stephen Gustitis, Attorney at Law
Gathering facts is a critical aspect of developing a persuasive criminal defense strategy.

The Persuasive Case - Credibility

  October 11, 2017     By Stephen Gustitis, Attorney at Law
A criminal attorney's stock-in-trade is their courtroom lawyer credibility. Without credibility the criminal attorney has no hope.

Drawing Blood Without a Warrant

  By HG.org
The process of drawing blood without a warrant has been determined by the Supreme Court to be protected through the Fourth Amendment. There may...

"Making a Murderer" Mini-Series' Steven Avery Denied a New Trial

  October 10, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
This week the Circuit Court Judge of Sheboygan County considered whether to grant a new trial in the Steven Avery case; a case that captured the...

A New Cybercrime Court Complex to Be Built Close to Fleet Street

  October 10, 2017     By Giambrone Law
The City of London Corporation, HM Courts and Tribunal Services (HMCTS), the Ministry of Justice and senior judges are backing the plan to build...

Sex Offender Registration

  October 10, 2017     By Stephen Gustitis, Attorney at Law
Sex offender registration requirements make the sex offender stigma more tenacious than any other criminal charge.

Defending Accusations of Sexual Abuse

  October 10, 2017     By Stephen Gustitis, Attorney at Law
Research showing children are susceptible to suggestive interviewing techniques by local child advocacy center employees helps defendants.

Sealing of Criminal Records to Restrict Their Availability Across the State

  October 6, 2017     By Steven J. Pisani, Attorney at Law
If you do not want to be reminded of your criminal record every now and then, then getting it expunged would be a great option for you.

Immigration Consequences for Non-United States Citizens

  October 6, 2017     By Stephen Gustitis, Attorney at Law
The immigration consequences related to criminal charges for non-U.S. citizens can be severe.

Texas Probation Travel Issues Resolved

  October 6, 2017     By Stephen Gustitis, Attorney at Law
Probation travel issues were addressed in the June 24, 2008 Interstate Commission for Adult Supervision (ICAOS) advisory opinion.

Vehicular Manslaughter in Italy: A New Criminal Offense

  October 6, 2017     By Arnone & Sicomo
Vehicular homicide in Italy is governed by Article 589 bis of the Criminal Code, as separate criminal offense introduced by the new law no. 41...

Unforeseen Consequences of Conviction

  October 5, 2017     By Stephen Gustitis, Attorney at Law
For a person with a felony conviction, many problems faced are the result of collateral consequences of getting convicted this serious offense.

Is Much of Forensic Science Unreliable?

  October 5, 2017     By Stephen Gustitis, Attorney at Law
A report from the National Academy of Sciences says much of what passes for forensic science does not meet minimal scientific standards.

Deterring Crimes with the International Criminal Court

  September 29, 2017     By HG.org
The International Criminal Court system exists to reduce or eliminate crimes and perpetrators of these atrocities so that contributions to...

Sessions Continues to Threaten Legal Marijuana

  September 28, 2017     By Hebets & McCallin
Attorney General Jeff Sessions has made no secret about his attitude towards marijuana, he is vehemently opposed. Since his appointment there...

The Severe Consequences of a DUI Conviction

  September 27, 2017     By Parks & Braxton, PA
Bad thing can happen to good people such as in the case of DUI conviction. The effect can be devastating and it will affect the quality of your...

Reinstating Your Driver’s License after a DUI Conviction in Tampa, Florida

  September 27, 2017     By Parks & Braxton, PA
A competent DUI attorney can help you fight for your reinstating your driver license in Tampa, Florida.

Medical Marijuana Law in Texas Goes into Effect

  September 25, 2017     By The Posey Law Firm, PC
The Fort Worth Star-Telegram is reporting that because of a recent medical marijuana law passed by the Texas Legislature, pot is going to be...

Risks of Ignoring a Subpoena and Refusing to Attend a Deposition

  September 25, 2017     By HG.org
Subpoenas must be served in person to someone that is required in court. This means the individual must accept the paperwork and his or her...

DUI with Child in Car in Georgia: Misdemeanor DUI and Potential Felony DUI Punishment

  September 25, 2017     By William C. Head, PC
DUI with Child in Car is a form of Child Endangerment that not only carries potential jail time at the county lock-up, but can also constitute a...

NYC Bureau of Fraud Investigation "Interviews" about Medicaid

  September 22, 2017     By Law Offices of John Howley, Esq.
A letter from the NYC Bureau of Fraud Investigation means that you are the target of a fraud investigation. How you respond to the letter can...

Report: African Americans Are More Likely To Face Wrongful Convictions

  September 21, 2017     By Edelman & Edelman, P.C.
According to a new report that examined roughly 1,900 exonerations nationwide, innocent African Americans are far more likely than other races...

3 Reasons Why Wrongful Convictions Occur

  September 21, 2017     By Edelman & Edelman, P.C.
Even though we would like to believe that everyone in jail is there for a reason, the truth is that people are wrongfully convicted for crimes...

International Criminal Court and the Policy Paper on Case Selection and Prioritization

  September 21, 2017     By HG.org
The International Criminal Court is tied to the policy paper with consideration to prosecutorial discretion in both selection and prioritization...

Can I Get Back My Right to Vote after Being Convicted of a Felony?

  September 20, 2017     By HG.org
Restoring the civil rights of an individual is not as easy as filing a petition or going to an official agency and contacting someone, because...

Border Crossing Implications with an OWI

  September 19, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
The restrictions imposed by an OWI conviction can be quite burdensome. Some restrictions, however, are not known to individuals that have been...

Penalties and Consequences of a Burglary Conviction

  September 19, 2017     By HG.org
Burglary is a serious crime that is often attached to other charges such as assault, battery, assault with a deadly weapon and similar issues....

Types of Structures that Can Be Burglarized

  September 15, 2017     By HG.org
There are a variety of locations that are more vulnerable to burglary attacks, and it is important to know which types of force and building may...

Avoiding Criminal Charges at the NYC Bureau of Fraud Investigation for Medicaid Fraud

  September 14, 2017     By Law Offices of John Howley, Esq.
Every year, hundreds of New Yorkers face criminal charges because they provided false information on their Medicaid application or...

How Prosecutors Prove the Value of Property Involved in Burglary and Theft Charges

  September 14, 2017     By HG.org
When confronted with a case of burglary and theft, a prosecutor needs to prove beyond a shadow of a reasonable doubt that the accused individual...

Yaz Settlement Recipients the Target of Green Dot Debit Card Scam

  September 13, 2017     By d'Oliveira & Associates
Claiming to be from a settlement center, con-artists tell Yaz victims to send money to receive their settlements back.

China's SAIC Issues Second Draft of Proposed Amendments to its Law Against Unfair Competition

  September 13, 2017     By MMLC Group
On 5 September 2017, the National People’s Congress (NPC) issued a Second Draft for Review of the Anti-Unfair Competition Law (Second Draft for...

Criminology Expert Witness Explains Application of Forensic Sociology in Civil Cases

  September 12, 2017     By HG.org
Cases that involve the need for forensic sociology usually have various applications, processes and methods derived from the hired criminology...

Is it Dealer Fraud if the Dealer did not Disclose a Salvage Title?

  September 11, 2017     By HG.org
Car dealership fraud is possible through a number of activities and actions taken by the company. One of these is when the business does not...

Common Issues in False Claims Act Investigations

  September 7, 2017     By Stumphauzer & Sloman, PL
Physician-owned entities, pharmacies, hospices and other providers need to know about the False Claims Act.

Concealed Carry Permit Holders and Public Transportation in Wisconsin

  September 5, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
Milwaukee’s newest form of public transportation, the downtown street car, aims to connect commuters to Milwaukee’s thriving business district....

What Is Commercial Burglary and What Defenses Might Apply?

  September 5, 2017     By HG.org
Commercial burglary is defined as the act or intent of entering some type of commercial property that may include a store, office or similar...

Bid-Rigging Is a Per Se Violation of the Antitrust Laws

  September 4, 2017     By Bona Law PC
Bid rigging violates the U.S. antitrust laws.

Rules Regarding Marijuana in the Workplace in Legalized States

  By HG.org
While the entire United States has different laws based on what has been proposed and implemented in each individual state, some of these permit...

Why Should Defense Attorneys Polygraph Their Client?

  September 1, 2017     By Stephen Gustitis, Attorney at Law
Client control and management is often a challenge even among the most experienced defense lawyers. Use the polygraph to help control clients.

The Plea Bargain

  September 1, 2017     By Stephen Gustitis, Attorney at Law
In a plea bargain the accused person agrees to enter a plea of guilty in exchange for a punishment recommendation from the prosecutor.

Corroboration Required in Accomplice, Snitch, and Informant Cases in Texas

  September 1, 2017     By Stephen Gustitis, Attorney at Law
The Texas legislature had the good sense to require corroboration of any accomplice witness before a jury could legally convict.

Car Dealership Altered the Financial Paperwork, Can I Get Out of the Deal?

  September 1, 2017     By HG.org
Many auto dealers file paperwork when someone comes in for a new deal. On the files that are recorded, there are certain fields that detail the...

The Motion to Revoke Probation in Brazos County, Texas

  September 1, 2017     By Stephen Gustitis, Attorney at Law
People on probation sometimes face Motions to Revoke Probation based on alleged violations of their supervision conditions.

Textalyzer to Help Combat Texting While Driving. But Is It Constitutional?

  September 1, 2017     By Gimbel, Reilly, Guerin & Brown, LLP
The dangers associated with texting and driving have prompted some states to take direct action to combat the issue. With the aid of Cellebrite,...

Possession Issues in Drug and Marijuana Cases

  August 31, 2017     By Stephen Gustitis, Attorney at Law
Possession of drugs and marijuana charges are common. University students are often common targets of the police, as well. There are some...

Failure to Communicate Plea Offers to Clients

  August 31, 2017     By Stephen Gustitis, Attorney at Law
Ineffective assistance of counsel occurs if the criminal defense lawyer fails to timely communicate plea bargain offers to clients.

Touch DNA and Criminal Defense Lawyers

  August 31, 2017     By Stephen Gustitis, Attorney at Law
When someone touches an object, a small amount of skin cells are left on the object and can be later found by touch DNA forensic scientists.

Helping Someone Who Has Committed a Crime: Are You Committing a Crime Yourself?

  August 30, 2017     By The O'Connor Law Firm, PC
When a person helps or "gives assistance" to a friend or family member who's committing a crime, that person may be committing a crime known as...

Will Police Spy on You Through Your Phone?

  August 30, 2017     By Hebets & McCallin
Recently, the Supreme Court agreed to review a case out of the US 6th Circuit Court of Appeals that addresses Fourth Amendment rights and cell...

Judges: Appointed v. Elected

  August 29, 2017     By Stephen Gustitis, Attorney at Law
We are taught from a young age that the best form of government is one that we the people elect. Is electing judges the best way?

What Elements Must Be Proven to Secure a Burglary Conviction?

  August 29, 2017     By HG.org
The unlawful entry into a property with the intention of committing a crime is usually considered burglary. There are certain elements that must...

What Kinds of Car Purchase Issues are Considered Auto Dealer Fraud?

  August 29, 2017     By HG.org
There are many different types of fraud that may be perpetuated by an auto dealer when working with a client seeking a new vehicle. These may be...

Warrants Required For GPS Tracking

  August 29, 2017     By Stephen Gustitis, Attorney at Law
U.S. vs. Jones is great news for private citizens and their criminal defense attorneys which requires warrants for GPS tracking devices.

Police Line-Ups Unreliable

  August 29, 2017     By Stephen Gustitis, Attorney at Law
Many wrongful convictions are due to mistakes made during police line ups. Defense lawyers must be ready to challenge these identifications.

Jury Selection in Texas Capital Murder Cases

  August 29, 2017     By Stephen Gustitis, Attorney at Law
Voir dire is the process by which both the prosecution and criminal defense attorneys attempt to select the most favorable people to sit on a...

Criminal Lawyers Use Technology To Help Persuade Jurors

  August 29, 2017     By Stephen Gustitis, Attorney at Law
Technology in the courtroom can help defense attorneys persuade jurors if the presentation is organized and runs smoothly.

A Primer on Search and Seizure Law

  August 28, 2017     By Stephen Gustitis, Attorney at Law
Search and seizure starts with probable cause. Police must have sufficient reason to believe the thing to be searched contains evidence before...

Criminal Defense Lawyers and Forensic Evidence: Parting Wisdom for the Courtroom Warrior

  August 28, 2017     By Stephen Gustitis, Attorney at Law
When defending criminal cases involving forensic evidence, the final counsel for lawyers battling prosecutors on this front is this - don't be...

Bringing a Lawsuit Against the Police for Brutality

  By HG.org
The injuries suffered by victims of police brutality may be extensive and require several medical procedures that are expensive and may not be...

Amendments to the Texas Expungement Statute May Help Clients Erase More Mistakes

  August 28, 2017     By Stephen Gustitis, Attorney at Law
Changes to the Texas expungement statute may open opportunity for persons to expunge individual offenses arising from the same arrest event.

Criminal Charges for Possession of Burglary Tools

  August 28, 2017     By HG.org
Burglary tools are any pieces of equipment or devices that may be used to commit the crime of burglary. These items are typically grouped...

New Credit Card Law Pits Texas against Merchants and Financial Companies

  August 28, 2017     By The Posey Law Firm, PC
During the regular session, the Texas Legislature passed a law allowing merchants to ask to see a photo ID when processing a credit card or...

Should You Blow into a Breathalyzer During Your Next DWI Stop?

  August 28, 2017     By Stephen Gustitis, Attorney at Law
With the advent of blood test search warrants, the mainstay advice of "don't blow" may have changed. It is easier to attack the breath test...

The Blood-Breath Partition Ratio and the Intoxilyzer 5000 Breath Test

  August 28, 2017     By Stephen Gustitis, Attorney at Law
One key attack upon the Intoxilyzer 5000 breath test is the blood-breath partition ratio. It is possible for someone to register over the legal...

Extent that a Financial Institution Can Outsource Anti-Money Laundering (AML) Compliance

  By HG.org
Anti-money laundering compliance is very important to banks and financial institutions per the United States government. Without adherence to...

Setting Fees in Criminal Cases

  August 25, 2017     By Stephen Gustitis, Attorney at Law
Setting fees in a criminal case is always difficult. The fee should fairly compensate the attorney and also be within the client's acceptable...

Burglary, Robbery, Shoplifting and Other Property Theft Crimes

  August 24, 2017     By HG.org
There are many different types of theft crimes. It is important to know which of these has been committed so that a prosecutor does not face the...

Petit Crimes: "The Devil Made Me Do It!"

  August 24, 2017     By David M. Edelstein, PA
Being arrested or charged with a crime can be a devastating experience, especially when you've never been in trouble before. People caught...

Will Texas H.B. 3016 Change the Way Criminal Lawyers Defend DWI Cases?

  August 23, 2017     By Stephen Gustitis, Attorney at Law
A new Texas law provides for sealing certain DWI convictions. The question is whether the new law will change the way criminal defense lawyers...

Lawyer Advertising

  August 23, 2017     By Stephen Gustitis, Attorney at Law
The best criminal lawyer advertising is selling solutions to potential criminal clients, rather than selling yourself.

Choosing a Criminal Defense Lawyer

  August 23, 2017     By Stephen Gustitis, Attorney at Law
Choosing a criminal lawyer for your charges can be a daunting task. Most people who find themselves in search of a criminal defense attorney are...

Man Freed from Prison after His Doppelganger Is Found

  August 23, 2017     By Edelman & Edelman, P.C.
After serving 17 years in prison for a 1999 robbery he adamantly denied committing, a Kansas City man is now free. What is particularly...

Can We Continue to Afford the Luxury of the Death Penalty?

  August 22, 2017     By Stephen Gustitis, Attorney at Law
The death penalty consumes tremendous amounts of financial and labor resources. In fact, making the death penalty expensive is a key component...

Defenses to Charges of Burglary

  August 21, 2017     By HG.org
Defending against charges of burglary is important due to the seriousness of the crime, the possible consequences and the sentencing of the...

Are You Required to Open the Door When the Police Are Knocking?

  August 21, 2017     By Stephen Gustitis, Attorney at Law
Whether or not to answer the door when police are knocking is a common question for lay persons concerned with understanding their rights and...

Will Lowering the Legal BAC Limit from .08 to .05 Criminalize Responsible Behavior?

  August 21, 2017     By Stephen Gustitis, Attorney at Law
Some States have lowered the legal BAC limit to 0.05. The question is whether that move punishes people for acting responsibly. There will...

Remaining Silent Does Not Invoke Your Right to Remain Silent

  August 21, 2017     By Stephen Gustitis, Attorney at Law
The United State Supreme Court has ruled that simply remaining silent does not invoke one's right to silence. Instead, the right must be...

Building Your Forensic Defense Case . . . First Things First

  August 18, 2017     By Stephen Gustitis, Attorney at Law
A checklist on how to build your defense to the prosecution's forensic case [may] increase your chances of success. It's time to start studying,...

How To Appeal a New Jersey DYFS Finding

  August 18, 2017     By Williams Law Group, LLC
Following and investigation by the DYFS (Division of Youth and Family Services), they will issue a ruling of substantiated, established, not...

Steps to Challenge the Prosecution's Forensic Evidence

  August 18, 2017     By Stephen Gustitis, Attorney at Law
What should the criminal defense lawyer do to challenge the prosecutor's forensic evidence? Here are some practical tips on how to use the law...

Common Mistakes Parents Make with New Jersey DYFS

  August 18, 2017     By Williams Law Group, LLC
So you received a call from the Division of Youth and Family Services and they want to investigate your child’s wellbeing and care.

What Happens when New Jersey DYFS Comes to Your House

  August 18, 2017     By Williams Law Group, LLC
Getting a call from the Division of Youth and Family Services can be scary and confusing.

Defending a Criminal Case Using Forensic Experts

  August 18, 2017     By Stephen Gustitis, Attorney at Law
Hiring a qualified expert might be the only way a criminal defense attorney can challenge the prosecutor's forensic evidence. Whether the hired...

How do I Remove my Name from the Florida Sex Offender Registry?

  August 18, 2017     By HG.org
In Florida, a select group of individuals can file a petition to request to have their name removed from the Florida sex offender registry. Due...

What Is Considered Arson?

  August 17, 2017     By HG.org
Arson is the act of intentional and malicious causing fires for the destruction of property. There are a variety of arson crimes, and additional...

Defenses to Arson Charges

  August 17, 2017     By HG.org
Defending against arson charges is often difficult, but this is more complicated when it appears there is a motive such as insurance or revenge...

Should We Allow Our Clients to Tell Us the "Whole Truth"

  August 17, 2017     By Stephen Gustitis, Attorney at Law
Allowing clients to tell us the whole truth is always a tactical decision. We never want to limit their ability to defend themselves in a future...


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