What happens if I pass a bad check without knowing? There are actually two issues at work with your friend passing a bad check. The fact that one may not know an act is a crime when it is (allegedly) committed is not a valid defense. However, in charging someone with a crime, the state must always must prove some type of “intent” to commit that crime. The most common standard used by courts is ‘intentional and knowing.’ This means that the state must prove that your friend meant to do the act which resulted the crime – check fraud in this instance. → Read More
What are the laws on videotaping and recording on-duty police officers? Videotaping local police officers who are not on duty may be subject to local rules on car recording devices. Click this link for details about the laws surrounding recording a police officer. → Read More
Common Federal Crimes You can fairly reliably predict what crimes will be Federal by just picking a Federal Agency and imagining a crime against its functions. → Read More
Antitrust Violations – Federal Crimes & Consequences Antitrust violations are behaviors that violate United States antitrust laws, which were designed to prevent behavior that stifles business competition and eliminate unfair business practices. → Read More
Will I be kept informed during the course of the class action litigation? If you are part of a class action litigation taking place against a company for any reason, you were probably notified of your right to joint he class by a specific attorney and/ or law firm that is in charge of the litigation. That law firm should provide you with a source of information. As the case moves forward, you will likely receive written notification of any significant changes. There may also be convenient ways to access changing information more quickly. → Read More
Can the prosecution use statements made to a juvenile detention hall employee in court? A juvenile is not guaranteed confidentiality if he or she talks to a juvenile hall employee or a juvenile probation officer. There may be an exception if the juvenile spoke to a mental health counselor in a juvenile hall or juvenile probation office. Click this link for details. → Read More
Must charges be proven beyond a reasonable doubt in juvenile cases? Even though a juvenile defendant does not have a right to a jury trial and the consequences of being convicted are less severe than they would be if their case were tried in adult court, any charge against a juvenlie is still a crime. As this is the case, the judge who presides at trial must find that a juvenile defendant is guilty beyond a reasonable doubt to convict him of the crime. → Read More
If a minor is arrested, do they have the right to call their parents before making a statement? As a juvenile, whether or not you are entitled to have a parent present when questioned by the police may depend on the state in which you were arrested. The Fifth Amendment privilege against self-incrimination does apply to juvenile criminal court proceedings. Statements made by a juvenile while in custody would not be admissible evidence unless they were made voluntarily. → Read More
Do police have the right to enter a home if one spouse gives consent but the other does not? Generally, law enforcement officers do not have the right to enter a house without a search warrant when the wife gives consent but the husband does not. The most pertinent case regarding this subject is a U.S. Supreme Court case, Georgia v. Randolph, 547 U.S. 103 (2006). In this case, the court ruled that one co-occupant’s consent to a search does not negate another co-occupant’s right to refuse consent. → Read More
What are the penalties for using counterfeit money? I was arrested for passing a phony $100 bill at my bank. I did not know the bill was counterfeit. What will happen? → Read More
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