What is custodial interrogation?
If an individual is in the custody of law enforcement officials while undergoing an interrogation, this is usually known as a custodial interrogation. Custodial interrogation is a relatively simple co...
Legal
Do I Need An Attorney to Have My Federal Criminal Record Expunged?
Because expunging petitions require technical pleadings and can be opposed by the government, hiring an attorney who specializes in clearing federal convictions and who is familiar with all the requir...
How do I establish factual innocence?
Establishing your factual innocence usually involves convincing the court to seal and destroy records related to the charge. States have different rules about how to establish factual innocence....
In what types of cases can a factual innocence order be obtained?
The types of cases in which you can obtain a factual innocence order vary by state. Of the few states that have enacted laws allowing for a petition of factual innocence, most do not have restrictions...
Do I need a lawyer to file a petition for factual innocence?
Strictly speaking, you are not required to have a lawyer to file a petition for factual innocence, anyone has the right to represent himself or herself. However, because the opportunity to petition in...
Under what circumstances can a factual innocence finding be obtained?
There are two general categories of circumstances where a factual innocence finding can be obtained. The first category is where you have been falsely arrested, charged, accused, or convicted of a cri...
Can I be charged with possession of marijuana in Pennsylvania if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under Pennsylvania’s marijuana laws?
In Pennsylvania, a passenger in a car in which marijuana is found can be charged with possession of marijuana, even if the marijuana did not belong to them. However, if the marijuana was not theirs an...
How can a Pennsylvania marijuana lawyer help me?
If you have been arrested for the offense of marijuana possession in Pennsylvania, a drug attorney or marijuana lawyer can help you in two important ways. A Pennsylvania marijuana lawyer can review pl...
How can a New York marijuana lawyer help me?
An experienced New York criminal attorney can help you defend against a marijuana possession charge. A good attorney can help you get the New York marijuana possession charges against you dismissed, r...
New York Marijuana Laws: Is Marijuana Legal in New York?
Use of medical marijuana is legal in the state of New York if you are a patient with a serious condition with certification from your physician to use marijuana for medicinal purposes....
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 y...
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......
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 m...
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...
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 returni...
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 ...
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 sit...
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 f...
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 homici...
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 curr...
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