What is the Castle Doctrine?

The Castle Doctrine is a self-defense theory which gives a homeowner the right to protect his home with the use of deadly force. The Castle Doctrine originally emerged as a common law theory. Since then, a majority of states have implemented some statutory version of the Castle Doctrine. If a defendant successfully presents a Castle Doctrine defense, then he is completely exonerated of any wrong doing. Read on to learn more about the proof required to assert a self-defense theory based on the Castle Doctrine.

→ Read More

Grounds for Criminal Appeal

Grounds for a criminal appeal must be based on the law and procedure followed during the trial, and an appeals court rarely questions the factual determinations of a jury. Read on for comprehensive information about grounds for appeal of a criminal conviction and whether you might be able to appeal your conviction.

→ Read More

Assault with a Deadly Weapon

Assault with a deadly weapon is a broader use of the term assault and includes a conduct which places another in fear of imminent injury or actually causes an injury through the use of a deadly weapon. Read on to learn more about the charge, defenses, and possible punishments for an assault with a deadly weapon charge.

→ Read More

Weapons Charges

Weapons charges include offenses that address the possession or use of weapons. Even though many people envision a defendant actually pulling a gun on a store clerk, weapons charges are broadly used and applied to prohibit the possession of certain weapons by any person or certain persons and to increase the range of punishment for the use of weapons during other offenses. Read on to learn more about weapon charges and the consequences of a weapons charge.

→ Read More

When should I opt out of a class action case?

Joining or opting out of a class action lawsuit can be a costly decision. The benefits and risks of one option over the other depend heavily on the type of lawsuit and a person’s situation. Therefore, an individual should weigh the pros and cons of a class action suit before making a decision.

→ Read More

Bail Hearings

The purpose of a bail hearing is to set the amount of bail. Bail hearings are often combined with arraignment. Read on for specific information about setting bail, including what happens at a bail hearing and more.

→ Read More

What is a split sentence?

A split sentence occurs when the defendant is placed on probation for a period of time after serving a portion of the time in jail or prison. The ratio of how much time will be served on probation and how much will be served in prison is frequently left up to a judge’s discretion. Read on for more information on split sentencing.

→ Read More

Sexual Abuse Charges

Sexual abuse charges carry a wide range of penalties and consequences. Find information about the crime of sexual abuse including defenses and possible punishments here.

→ Read More

Can the police conduct an automobile search at a traffic stop or sobriety checkpoint?

A valid automobile search should be founded on several factors, including a basis for the traffic stop, a basis for continuing a detention beyond the traffic stop, and finally, probable cause for the officer to search the vehicle. If a driver pulls up to a valid DUI checkpoint or sobriety checkpoint, then a valid basis for the traffic stop exists. To justify an automobile search, an officer must demonstrate reasonable suspicion, probable cause, or an exception to either of those components.

→ Read More