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By: John McCurley “Mistake of fact” generally refers to a mistaken understanding by someone as to the facts of a situation—the mistake results in the person committing an illegal act. Mistake of fact is a defense to a crime where the mistaken belief, if it were true, would negate a mental state that’s an element of… Read More

by: Paul Bergman “Chain of custody” typically refers to the foundation the prosecution needs to establish for certain types of exhibits to be admitted into evidence. Exhibits are tangible objects that are relevant to the facts of a case—for example: a stolen calculator in a shoplifting case the drugs in an illegal possession of controlled… Read More

Police are free to approach any child and question him about whether he was involved in a crime but, just as an adult can never be forced to answer questions from police in an interrogation, the child is not required to answer. The child can refuse to answer questions and can request that a lawyer… Read More

Uber drivers who fail their background checks may soon be getting a second chance. If Uber applicants can get their felony convictions reduced to misdemeanors, or get their crimes expunged under Proposition 47, Uber will consider their employment. And if they don’t qualify to be drivers, Uber will refer them to an organization that focuses… Read More

It’s possible for the police to arrest you—intentionally or not—before saying that you’re under arrest. You’re walking down the street when a police officer orders you to halt and begins asking you questions. You’re pretty sure that you’re not free to leave. Does that mean that you’ve been arrested, or are you simply being detained?… Read More

A home invasion is a type of burglary, and often punished more severely than other burglaries. by Ave Mince-Didier Share on FacebookShare on Google Plus Going into someone else’s home without permission is a crime. A home invasion is a type of burglary or, sometimes, a trespass. Although laws and details vary from state to… Read More

  by Mark Theoharis Share on FacebookShare on Google Plus Everywhere else in the country, paying for or providing sexual services for compensation is a crime. Depending on the state, this crime is alternately known as either prostitution, solicitation of prostitution, or by similar terms. Buyers and Sellers Depending on the state, solicitation of prostitution… Read More

  by Janet Portman, Attorney Share on FacebookShare on Google Plus Because the use of a dangerous object creates a risk of such serious consequences, all states classify assault with a deadly weapon as a felony. (Judges and lawyers often refer to the crime as “ADW.”) “Deadly weapon” generally refers to a wide range of… Read More

Learn when the government can invade your privacy to hunt for evidence of a crime. The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search-and-seizure… Read More

Law enforcement officers routinely ask people for their names and other identifying information. Police may ask for the information as part of a specific criminal investigation. At other times, they may need the information to protect themselves, allowing them to determine whether the person they are speaking with has a violent criminal history. Many states… Read More