By Mark Theoharis When you’re convicted of a crime you face potential punishments that include a fine and incarceration. However, courts can also impose a probation sentence in lieu of, or in addition to, fines and jail or prison time. When a court orders you to serve probation, it essentially agrees to let you serve your… Read More
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Vehicular Manslaughter: Sentencing, Laws and Penalties
Vehicular manslaughter charges may be brought when someone is killed in an auto accident–even against someone other than the driver. by Peter Followill, Contributing Author What is Vehicular Manslaughter? Drivers who unintentionally cause accidents that result in the deaths of passengers, occupants of other cars, or pedestrians may find themselves charged with the crime of vehicular… Read More
Indecent Exposure: Laws & Penalties
By Clay White Indecent exposure is the intentional exposure of one’s private parts in public. Laws prohibiting indecent exposure vary throughout the country, but share many similarities. What Does the Prosecutor Have to Prove? In order to secure a conviction for indecent exposure, the prosecutor must produce evidence sufficient to prove to a judge or jury,… Read More
Banning the Box: Cities, States, and Companies Bar Questions About Applicants’ Convictions
Many applicants are automatically rejected when they check the box that asks whether they have a criminal conviction. Are convictions always relevant to the applicant’s suitability for the job? It’s common for employers to check into the criminal records of job applicants. It’s safe to assume that many of these employers reject people with a… Read More
What to Do and Not Do When Arrested
If you are arrested, the best thing that you can do for yourself is to keep quiet until you are represented by a lawyer. The single most important thing to remember if you are arrested is that you have the right to remain silent and the right to an attorney, but these rights protect you only… Read More
Pending Criminal Charges and A Criminal Record: Effect on Employment
An explanation of how a current pending criminal charge affects your record and employment possibility when applying for a job and your rights as an applicant. It’s challenging to look for a job even when you have lived a life as virtuous as Mother Theresa, as honest as Abe Lincoln, and as noble as Nelson… Read More
“Stand Your Ground”: New Trends in Self-Defense Law
“Stand your ground” played a part in the prosecution of George Zimmerman in Florida. Self defense or defense of another often comes up when violence erupts between two people. For example, suppose a person is charged with assault or battery but the other party struck the first blow, was attacking someone else, or made frightening… Read More
The Limits of Expunging Your Criminal Record
By Janet Portman, Attorney If you’ve successfully expunged, or sealed, your criminal record, in most situations you can answer “No” when asked whether you have a record. But what happens when someone—a potential employer, or a prosecutor, for example—asks that any records pertaining to you be disclosed to them? Will the court (or the clerk… Read More
Raising Constitutional Issues in a DUI/Criminal Case
Evidence gathered during a DUI traffic stop can sometimes be excluded from trial, if the officers have violated the search and seizure rules that stem from the Fourth Amendment. It’s not the nightcap you ordered: You’ve had a couple drinks and, while driving home, you see the lights flash in the rear view and the… Read More
Using a Gun for Self Defense: Laws and Consequences
by Lauren Baldwin, Contributing Author A person is entitled to use a gun for self defense in the U.S., if necessary, but laws in every state establish when a person can use force to defend himself (or another), and whether a person can use a weapon. Someone who intends to carry or keep a gun for self defense purposes should… Read More