How to Appeal a Criminal Conviction An appeal is the process whereby a defendant can ask a higher court to review their case to make sure that the case was handled properly. In order to appeal a case, a defendant should understand how to preserve the right to appeal, the types of issues that can be resolved through a direct or indirect appeal, and how the process works. → Read More
What is a no-contest plea? A no contest plea is a plea used in criminal proceedings as an alternative to a guilty or not guilty plea, where the defendant neither disputes nor admits to doing the crime. This type of plea, also known as nolo contendere, literally means “I do not wish to contend.” A no contest plea is not an admission of guilt, but is treated as a criminal conviction by the court which hands down sentencing. The plea shows up on the defendant’s criminal record. → Read More
What is an indictment? An indictment is a formal accusation against an individual suspected of committing a crime. Indictments are generally only obtained for felony charges. → Read More
Is it illegal to install phone spy software on someone’s cell phone? It is HIGHLY illegal to install spy software that in any way records, tracks, forwards, etc. phone calls or text messages on someone’s phone without… → Read More
What legally can I do against someone who gives me a bad check? Against the person who gave you a bad check: (1) contact the individual, if you can, and ask for a replacement check; (2) sue for… → Read More
What are the typical steps in a criminal proceeding? What are the typical steps in a criminal proceeding? → Read More
Can I recant a false statement to the police made several years ago about a drug dealer? You can certainly recant your false statement, but you should consider the pros and cons of doing so. Was your false statement an important piece… → Read More
Credit Card Fraud Credit card fraud occurs when purchases are made using someone else’s credit card or credit card number. → Read More
I’m told I can’t use a recorded conversation as evidence in court. Why? The federal courts and every state have rules of evidence regarding what types of evidence are admissible and the authentication required for admitting that evidence. The requirements for a recorded conversation are no different. As a general rule, evidence obtained illegally cannot be used in court, and surreptitious tape recordings by telephone are illegal in most states under their respective penal (or criminal) codes. You must have permission from the party being recorded or, at the very least, give the other person notice that the call is being recorded. → Read More
What is a crime? A crime is any act or omission that violates a law which results in a punishment. Punishments can range from the payment of a fine to incarceration in jail. The level of the offense or crime will usually be set in proportion to the severity of the crime. For example, parking in a two hour parking zone for three hours is a crime, although this is typically considered an ‘infraction.’ The punishment usually involves the issuance of a ticket and an individual paying a fine. On the other end, robbing someone at gun point is a much more severe crime that can result in a lengthy prison sentence. If a statute merely encourages a conduct, but does not provide a punishment, then a violation is not generally considered a crime, even though you may be exposed to some type of civil liability. → Read More
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