Criminal Attempt: Charges, Penalties, Defenses

Most criminal offenses punish completed criminal acts. For example, to be convicted of delivery of marijuana, a person must actually deliver a quantity of marijuana to another location or person, and thus complete all of the elements of the alleged crime. To further deter certain criminal acts, most states expand their criminal codes with “attempt” offenses. Someone charged with any criminal attempt offense should understand the nature of an attempt charge, potential defenses, and the sentencing ranges associated with the offense.

→ Read More

What is fraud?

Fraud occurs when someone gains something of value, usually money or property, from a victim by knowingly making a misrepresentation of a matter of fact. Fraud commonly occurs in the buying or selling of property, particularly real estate and stocks, or in falsifying reports such as taxes and Medicare claims made to obtain benefits from the state or federal government.

→ Read More

Do prisoners have civil rights? Can they successfully sue for violations?

Prisoners lose many of the civil rights enjoyed by individuals in society. This is especially true in maximum-security prisons, where inmates are locked in their cells between 22 and 24 hours a day. In spite of this, prisoners do retain a limited number of civil rights, and can sue the state for certain violations, though in many cases a prisoner’s claim will be balanced against the state’s need to establish safety and security inside the prison.

→ Read More

Credit/Debit Card Theft: Punishments, Penalties and Consequences

The offenses related to stolen credit cards have gradually increased over the last several years thanks to an increase in credit card use over paper checks. When credit cards were first gaining in popularity, the number one credit card theft crime was stealing a credit card users statement out of their mailbox. Credit card theft has evolved, so today it involves more than just stealing a credit card statement from a mailbox.

→ Read More

What is larceny?

Larceny is typically a nonviolent theft involving the wrongful taking and carrying away of someone else’s personal property. While the actions constituting larceny are illegal in all 50 states, the name of the specific criminal charges differs between states.

→ Read More

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