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Questions tagged [criminal-law]

For questions about laws related to crime.

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Can Snapchat sue me if I use name “Snap” in my commercial project?

I plan to name my commercial web project as ____Snap. My website will be unrelated to what SnapChat is offering and in a different industry, but idea of short living content is the same.
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Can you unilaterally renege on a signed contract if the other party tries to push you into doing something illegal?

This question came up when I was reading this recent thread: Is it illegal to infringe copyright if your boss or your client ordered you to do it? in which that the poster was asking about a ...
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Does a bail-jumper have any recourse from being apprehended with the help of illegally obtained information?

Say that a person is a bail-jumper, that is, someone who fails to appear in court after being let out on bail. If they are apprehended by a bail bondsman with the help of illegally obtained ...
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Can we get bail immediately after conviction under section 294 by JMFC? (in India)

My friend is convicted under section 294 of CRPC India, he wants the bail as he want to file appeal so can he get bail?
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How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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Can NGROI defense be argued after a guilty verdict?

tl;dr: In the U.S., can a "not guilty by reason of insanity" (a.k.a., NGRI or NGROI) defense be offered after a guilty verdict but before sentencing? In criminal prosecutions in the U.S. it is common ...
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sexual assault, intoxication, consent [duplicate]

This question/answer did not quite satisfy my curiosity. Let's assume this is about heterosexual sex. In a society with law that does not discriminate with respect to gender, if both a woman and man ...
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Could Voting Ever Be a Crime?

Could voting ever be a crime? (United States) For example, suppose someone did a write in vote for Osama bin Laden for president, or voted yes on a measure that creates a public task force whose ...
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Facebook shared w/o permission?

Somebody sent a Facebook post I made to my employer without my permission. Grant it I didn’t set any privacy settings. Can I sue for anything?
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Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]

42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
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Do arrestees have the right to private communication with a lawyer?

One of the foundational rights of an arrestee in US criminal law, as stated in the Miranda warning, is “the right to an attorney”. But if all communication with an attorney is monitored, it can be ...
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What can a city do for parking tickets

I have read the question and answer here: Are parking tickets enforcable But I would like to know that if a person got a parking ticket in Pennsylvania for a street sweeper violation and didn't know ...
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A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
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Is it possible to cancel a tenancy with someone who is most probably a fraudster, just for being a fraudster?

Some months ago, a neighbor of mine rented his appartment to a person for a year. Now, I have read in a major and respectable newsletter, that this person is accused of serious frauds. There are at ...
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United States: Can an insurance company sell a policy that pays fines and costs incurred by the policyholder knowingly breaking the law?

Is it legal in the United States for an insurance company to sell a policy that pays fines imposed on a person or corporation as a result of the policyholder knowingly breaking the law? An example of ...
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If Roger Stone is pardoned for crimes involving lying, can he tell the same lies under oath in the future? [duplicate]

After being convicted of lying to Congress or the FBI and later pardoned for those crimes, can a person (e.g., Roger Stone) be charged with perjury if he tells the same lies under oath as a witness at ...
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Can BAC (blood alcohol content) be interpolated for DUI/DWI criminal prosecution?

It is common for a statutory BAC (blood alcohol content) level to determine whether the operator of a motor vehicle is guilty of Driving Under the Influence (DUI, which in some states is called DWI ...
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US extradition or domestic prosecution of US based foreign cyber crime?

I’m a cybersecurity professional familiar with the extradition of foreign cyber criminals to the US. But what if the situation were flipped? Given the following scenario what would likely happen? US ...
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2answers
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If police collected evidence based off of a call they suspected, but couldn't prove, was fruadulant would the evidence be upheld?

I'm asking this hypothetical situation mostly as I was considering writing a story with the premise and want the story to be legally accurate, but also because I'm frankly curious how the law would ...
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“color of authority” Matt Whitaker vs inventor with complaint

When now Acting US Attorney General Matt Whitaker was on the board of directors of a company that acted as an agent for inventors, he sent a letter to a complainant inventor client, warning of ...
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3answers
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Is lawyer going to be prosecuted if it is proven that he/she certainly knew that his/her client is guilty but continued to deny it in court? [duplicate]

If, say, during the process a client, who is accused of committing a murder, admits that he did it to the lawyer and demonstrates some undeniable proofs, like video of him committing a murder in a ...
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Question on intent in Texas forgery case

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37....
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Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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Why OpenBazaar is legal and Silk Road was busted? [duplicate]

I don't get it. Why OpenBazaar is considered legal and LE is ok with OB2, but Silk Road was the devil inside. Is it due the the ways it did marketing.
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Spent convictions

How long does it take for a conviction which will result in a fine and community order to become spent in England for someone over 18 years of age ?
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How to fix a forged endorsement on a cashier’s check

What is the best fix for a cashier’s check with a forged endorsement signature that hasn’t been deposited yet? If the forged signature is crossed out and initialed, and then an authentic signature is ...
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1answer
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Consent to illegal activity

In tort law there is a SPLIT amongst jurisdictions regarding whether someone may consent to an illegal activity. Some say consent is not valid (meaning plaintiff can recover) Some say consent is ...
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43 views

Is it legal to use self-defense against police brutality? [duplicate]

Is it self defense if a police officer were assaulting; let’s say my uncle, and punch or push away the officer to stop him from hurting my uncle would that be legal?
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1answer
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Is girl's night legal?

Most night club in my place have girls' night. Basically men pay to come. Girls come for free. Obviously that is sexual discrimination. In US, is this legal?
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Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?

Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
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Reclaiming property that is evidence in case

We were the victims of a burglary in August, and (fortunately) the criminal was caught red-handed with our property (running away from our house). Included in that property was a laptop, the main ...
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1answer
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Couple of questions regarding duress and rape in a hypothetical scenario

There's a criminal scenario I'm writing for a novel. Let's say I'm a perp and kidnapped a pair of siblings. I threatened one to rape the other at gunpoint and I had to shoot at his foot to make ...
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In Australia is it illegal to consume drugs, or only to possess them?

Specifically in Sydney. I’m wondering if it’s also illegal to be “high”, or if it is only illegal to “possess” prohibited substances? Clearly hopping on the darkweb and ordering an ounce of green or ...
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When is it OK to not sign a traffic ticket

I've done some first page of Google research on signing vs refusing to sign a traffic ticket. I understand that it's technically illegal not to sign, though one can still refuse in any case. I also ...
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2answers
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Will I get in legal trouble if I use somebody else’s picture?

I was banned from a site. To evade it, I plan on impersonating a fictional cousin of mine with a fictional name, but if people suspect that it is a sock puppet account, I plan on uploading a picture ...
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Is any photo of a toddler without a shirt on child pornography?

The mother of my goddaughter's has many times insisted that her girls (3 and 1.5 years old) cover their nipples before she can take a photo of them if they are doing something cute or photo worthy and ...
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1answer
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What is the effect of a law which relies on false statements?

For example, under the Firearms Act of Canada the SVD Dragunov is banned as a variant of the AK-47. The SVD is a completely different design which shares no important parts (a single screw in the ...
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Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?

Jurisdiction: Texas Facts: Juan Martinez at 19 years of age pleaded guilty to distribution of undisclosed controlled substance in exchange for 5 years of probation.( Lets say violation of Texas ...
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Is everything legal for me due to psychiatric reasons? [closed]

I witness that I did some things which are considered a rave by most people (and most psychiatrists): fought with aliens, was transformed for a period of time into a superman able to tear steel and ...
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Is it theft/fraud if one sends confidential info from their work laptop to their own personal web mail but there is no malicious intent? (UK/US)

Sender's intentions are non malicious, but the sender knows they are not supposed to send confidential info out of work laptop, and sender deleted some sent emails to cover up. Their intent is to do ...
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2answers
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If an inventor were to create a top secret invention, does this person have a legal obligation to keep it secret?

In a scenario in which an inventor was able to invent something that the government would likely classify as 'Top Secret' or even 'Born Secret', and the inventor knows that it will be classified as ...
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2answers
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Is peer-to-peer drug dealing illegal for the developer?

If a developer were to develop a distributed web app which essentially connected drug dealers to clients in the physical world, what would the legal ramifications be for the developer? Details ...
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1answer
169 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
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What protocol is used in the case of Pleading Insanity?

I'm a writer, and in this chapter, the defendant is on trial for acts of terrorism. But he is pleading insanity, with no psychological evaluation because "his actions speak for themselves." What ...
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1answer
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law about ethical hacker using pirated software or gadgets?

Is there any law if a ethical hacker is invited to our company and he used pirated software? Can we take any legal action or its normal in this field?
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is there any law for using unlicensed or cracked software?

Is there any law for using unlicensed or cracked software for our personal use? Can we use cracked versions of software in organization?
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does law defines any hacker rules? [closed]

does law defines any limitation that tells how much can a hacker use his knowledge in different way? Any boundary that tells about hacker and cracker.
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Statute of limitations for juvenile offenses

In Ohio, do criminal statutes of limitations operate normally in the event of an offense committed by a juvenile? For instance, if a 15-year-old commits an offense with a 10-year statute of ...
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1answer
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Mississippi lawsuit against Police that dont want to uphold a particular law on the books

If I attempt to press charges on an individual or individuals due to criminal activity and the officers or dispatch says they will not act on said violation what award could be awarded through a ...
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1answer
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What is 'purposeful conduct'?

In a book that I'm reading about the Nuremberg Trials, I noted the following: A number of minority positions have been cited as representative of NMT, for example in The Presbyterian Church of ...