Content Related To 'criminal-law'

All Criminal Law Topics

Lea en español Learn about some specific types of criminal offenses. We all make mistakes. When we do, it is important not to make things worse through ignorance of the law or of our rights. If you find yourself facing criminal investigation or prosecution because of choices you have made, the more information you have […]

Man Kills Wife in Southlake after Meeting with Divorce Attorney

Lea en español A Flower Mound, Texas man was arrested at the scene of the crime after shooting his wife in the head at a busy intersection in Southlake on Tuesday, May 31, 2016. Police say that Kenneth Martin and his wife, Linda, had just met with a divorce lawyer, leaving the attorney’s office in […]

Speak To Attorney

Lea en español In a criminal situation, ask to speak to your attorney first before you give a statement to the police. If you believe that you might be considered a suspect at the time of a crime or think that you could be considered a suspect at a later date, make sure you speak […]

Beware IP Scams!

By Malcolm Pipes There appears to be an uptick in the numbers of IP scams circulating around. A commonly encountered scam uses official-looking notices that claim to originate from governmental trademark and/or patent offices or legitimate vendors advising the recipient to pay fees in order to maintain their trademark and patent rights. However, in most […]

Other Criminal Law

Lea en español A distinct characteristic of criminal violations is that they are all statutory. This means that there must be a written law, enacted by a legislative body, either a state legislature or the U.S. House and Senate, and that the defendant must have acted contrary to what is permitted under the statute. Below […]

What's the difference between an assault & battery?

The terms “assault” and “battery” usually are heard used together, but they are distinct charges. An assault is defined as a threat of violence caused by an immediate show of force. Contrary to what many think, physical contact is not necessary for an assault. An assault occurs when a stranger points a gun at another […]

What is Jury Nullification?

Lea en español When a jury believes a law has been applied erroneously or a law is immoral, the jury may return a verdict of “not guilty” even if the members believe the defendant is guilty. This, in effect, nullifies the law for the purposes of that trial and is known as jury nullification. It […]

COLUMN: The Law in Real Life: Drafting Mistake in Marijuana Law Creates Problems for Georgia Court

COLUMN: The Law in Real Life by Linda Holmes, J.D. Drafting Mistake in Marijuana Law Creates Problems for Georgia Court Oct. 14, 2008 Judges don’t get up in the morning to fix legislative mistakes. They’ll take their best shot at what the word “reasonable” means in a particular context, but for the most part, you […]

Phone Fraud and Telemarketing Fraud

Lea en español Phone and telemarketing fraud refers to any type of scheme in which a criminal communicates with a potential victim via the telephone. Because many reputable companies use telemarketing to conduct business, criminals often can effectively obtain a victim’s credit card information and then use the information to make unauthorized purchases. Advanced-Fee Scam […]

Internet Fraud

Lea en español Computer and Internet fraudrefers to the perpetration of fraud through the use of a computer or the Internet. A common form of this fraud is “hacking,” in which a criminal uses sophisticated technological tools to remotely access a computer containing sensitive information. Another form of this fraud involves illegally intercepting an electronic […]

Health Care Fraud

Lea en español Health care fraud involves the filing of dishonest health care claims in order to turn a profit. Fraudulent health care schemes come in many forms. For example, patients commit fraud when they sell subsidized or fully covered prescription medication on the black market for a profit, use transportation benefits for non-medical purposes, […]

When May Police Conduct a Warrantless Search of a Home?

Lea en español Typically, the police may not conduct a warrantless search of a home. The warrant must specify what the police are looking for and at what location they are likely to find it. The search is limited to areas where it is reasonable to believe the item may be found. Police are allowed to […]

Criminal Law Types

Websites General HG: Criminal Law – Links to criminal code for all 50 states. Also links to international resources, articles, and other information. Penal Law – Comprehensive online digest of American criminal law. Links to statutes, cases, and analysis. Theories of Criminal Law – Excellent essay from the Stanford Encyclopedia of Philosophy. Types of crimes […]

What to do if you're caught in a hit-and-run accident

Lea en español A hit-and-run auto accident occurs when a party refuses to stop after the accident. If your car is hit by an automobile and the driver flees the scene, your first concern should be to get medical care. If you are not hurt, try to recall as many details as you can about […]

Can the police ever arrest without a warrant?

If police have probable cause (a definable reason) to believe that a crime has been committed and that the suspect committed the crime, they can make an arrest without a warrant.  For example, a drunk driver who exhibits obvious signs of intoxication can be arrested on the spot without applying for a warrant. There is […]

What is the ''Three Strikes'' law?

The federal ”Three Strikes” provision, codified at 18 U.S.C. § 3559(c), “provides a vehicle to take the most dangerous offenders out of the community and keep them out,” according to a summary from the Justice Department. Under the Three Strikes provision, a federal defendant receives a mandatory life sentence if convicted of a ”serious violent […]

Civil violation, misdemeanor, felony

Civil violations (also known as infractions, minor violations or petty offenses) are charges punishable by fine or other sanctions without jail time. An example may be a license suspension for refusing to take a breathylizer test. Misdemeanors generally have a sentence of a year or less in jail. Felonies carry a sentence of more than […]

The U.S. Sentencing Commission

The U.S. Sentencing Commission sets sentencing guidelines for criminal law matters that are used throughout the country. The USSC website is a great resource for staying on top of trends in sentencing and researching federal and state sentencing statistics.

When to contact a lawyer

If you have committed a crime, are accused of committing a crime or believe you are being investigated for a crime, it is time to get an attorney involved. An attorney can advise and assist you in dealing with the police and can also help keep the matter as private as possible.

Acceptance of responsibility

A genuine admission or acknowledgment of wrongful doing. In federal presence investigation reports, for example, convicted offenders may write an explanation and apology for the crime they committed. A provision that may be considered in deciding whether leniency should be extended to offenders during the sentencing phase of their processing.

Suing for False Arrest

A false arrest is the unlawful restraint of a person’s liberty without proper legal authority. The burden is on the person complaining of false arrested, to persuade a court or jury that the officer acted without legal authority. This can be difficult to prove. Learn More About Criminal Law

Domestic violence is punishable under criminal law

Whether domestic violence is a crime depends on the particular situation as well as the laws of the state in which the acts occur. Usually domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and an award of money damages. It’s common in a […]

Unauthorized charges to your credit card

Federal law limits your responsibility for unauthorized charges made on your credit or debit card to the first $50 of unauthorized charges as long as you notify the card issuer within a certain amount of time after your card is lost or stolen.

Temporary restraining orders

A temporary restraining order is probably the most powerful legal tool for stopping domestic violence. The order is a decree given by a court that requires the violent person to leave you alone. The order may require that the person stay away from your home, where you work, your children’s school or other places that […]

Criminal Law

Lea en español Learn about some specific types of criminal offenses. We all make mistakes. When we do, it is important not to make things worse through ignorance of the law or of our rights. If you find yourself facing criminal investigation or prosecution because of choices you have made, the more information you have […]