Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under New York’s marijuana laws? You can be charged with possession of marijuana in New York if it is found in a car in which you are a passenger, but you have a good defense if it was not found on your person and did not belong to you. Alternatively, a driver of a car with marijuana found inside can be charged with possession in New York, even if the marijuana was not theirs. → Read More
What can I do if I am falsely accused of stealing? If you are under investigation for stealing, do not speak to anyone, especially the police, at your home, work, or other venue, without having an… → Read More
What are the penalties and punishments for vehicle theft? Vehicle theft is a serious crime with serious penalties, and depending on the intent laws in the state where a defendant is charged and the circumstances of the theft, it can be either a felony or a misdemeanor. Possible sentences for vehicle theft will also be affected by a defendant’s criminal history. → Read More
Can someone who is intoxicated commit larceny? In most jurisdictions in this country, the evidence must establish that the offender had either the general intent or the specific intent to commit the crime with which he was charged, such as larceny, theft, assault, etc. To prove that an offender is guilty of larceny or theft, the evidence must show that in taking the property, the actor specifically intended to deprive the owner of the property → Read More
Is it larceny if I intend to return the property? A person who intentionally takes property intending to permanently deprive the owner of the property is guilty of larceny or theft. Anyone who takes or ‘borrows’ property with the intention of returning it, however, should not be charged with larceny. → Read More
What is the definition of mayhem? The crime of mayhem refers to serious assaults on an individuals that leave a lasting physical impact. The definition of mayhem makes a crime any serious infliction of injury to a victim’s body part in way that removes it or renders it useless. → Read More
I have recordings of abusive phone conversations with my husband’s ex, can we used them in court? A recorded telephone conversation may seem like a good way to present evidence that someone is being verbally abusive, but whether or not you can use such evidence in a court of law depends on the situation as well as where you live. → Read More
What is arson? Arson is usually defined as the intentional burning of another person’s home or property. In some states, the definition of the crime is expanded to include the burning of one’s own property if done for an improper purpose. Some acts of arson are motived by attempts to collect money through false homeowner’s insurance claims. → Read More
What is murder? Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter. → Read More
Prior Convictions: How Can They Be Used in My Criminal Case? Whether a defendant’s prior conviction is admissible in a new criminal case depends on a number of factors. These are the crime of which the defendant is now accused, whether the defendant in the current case testified in a previous case, and the purpose for which the conviction is asked to be admitted. The rules regarding the admissibility of prior convictions are evidence rules. They vary from state to state. → Read More
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