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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
49 views

One crime multiple charges?

I often read in the "papers" that a suspect is charged with multiple counts of the same crime. Latest example are the parents of Andrew Freund, according to this article, each parent is facing "five ...
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1answer
30 views

What are the US Federal laws on Shared VPN IP

There are Images uploaded to a certain website not linked to any accounts, just IP, linked in a case towards a federal case. can this evidence be inadmissible if the only proof is "IP : Picture". ...
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1answer
79 views

What are the legal repercussions of dosing somebody?

I have a strong suspicion somebody is dosing(I'm not going to get into the exact drugs listed) people at a bar/restaurant I attend. What is the best legal course of action that can be taken? What ...
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1answer
78 views

Can people get in trouble for investigating or charging the president?

Not word for word and please correct me. Is there a law like this? If so: Should any criminal investigation or legal action, investigation even a phone call that takes time from the president in ...
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3answers
129 views

Does disordely conduct apply when on private property?

Bob is in his home watching TV when he hears a knock on the door. It is the Police and they would like to speak to Bob. They claim that Bob is suspected of a crime and would like him to open the door (...
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2answers
96 views

Can you sue the prosecutor in a criminal proceeding?

If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
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4answers
6k views

What would be Julian Assange's expected punishment, on the current English criminal law?

Currently, the only charges form the British side against him are, that he avoided the criminal procedure (he was, on the British law, a fugitive) by his "visit" on the Ecuadorian Embassy. Meanwhile, ...
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1answer
50 views

Who would be legally responsible for the application of mainstream wrong psychological/psychiatrist therapies?

Several times has happened that the definition of mental disorders/ psychological-psychiatrist therapies/theories have been proven wrong. Yet they have been applied over people causing them problems ...
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2answers
122 views

What happened to bounties in the wild west?

Few things are more emblematic of the wild west era that a wanted poster. Today such a thing is unheard of. I know today there are rewards for information leading to capture of fugitives and bail ...
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3answers
104 views

Is Plummer v State still valid under contemporary law?

Apparently, in Plummer v State back in 1893, the court ruled an individual may act in self-defense against a police officer provided there is unlawful use of force. Note, this does not mean self-...
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1answer
73 views

Escort receives prepayment for services and client sues [closed]

Can I be arrested in civil court pertaining to my ex-profession as an escort? I received a lump sum from a client to cover 150 services. I satisfied the loan but foolishly signed paperwork saying I ...
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3answers
241 views

What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
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1answer
62 views

US Treason Definition vs Technology

I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction: No person shall be convicted of treason ...
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2answers
73 views

Does 18 U.S. Code § 1543 apply to foreign passports?

Consider this An American uses a fake scan of a Canadian passport over the internet to open an offshore bank account The account is never used No quantifiable damages are incurred Is the American ...
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1answer
89 views

Is it ever not legal to cause harm to escape non-institutionalised harm? [closed]

Is there ever a case where your legal duty to care/not harm someone causes you to not be able to legally retaliate against non-institutionalised harm? Examples do not have to be specific to any ...
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3answers
101 views

Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - ...
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1answer
111 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
2
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1answer
88 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
3
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1answer
146 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
3
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1answer
98 views

Is it legal to flee the scene of an accident to get help?

Let's say that I'm in an car accident in which the driver of the other vehicle is injured. I originally stop to render aid and do what little I can to help the other driver, but they appear to have ...
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0answers
37 views

How a criminal speeding citation of 104 mph in a 75 mph zone will affect my immigration status (F1 visa)?

I recently received a criminal speeding citation for driving at 104 mph in 75 mph zone in Arizona. I have clean driving history without any prior citation or accident. I am an international citizen on ...
6
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2answers
149 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
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2answers
92 views

When an alibi is another crime

If you get accused of a crime that happened when your were committing an unrelated crime at another part of town, could you use this as an alibi without incriminating yourself? Do judicial procedures ...
2
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1answer
91 views

Photographing my mail and giving to my ex [closed]

My ex sent me a check for part of health insurance for children. After it did not come, over 2 weeks, I reached out and told him I had not received the check. He went to the post office, the mail ...
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0answers
66 views

Car repossessed from fraudulent loan

My family member's son in law took out a loan in the family member's name using the family member's car as collateral. No payments were made on the loan. The car was repossessed after the loan ...
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0answers
52 views

Illegal to give lawyer a bonus for getting an acquittal?

I recently found out that in Massachusetts it is illegal for a lawyer to accept a bonus for obtaining an acquittal in a criminal case. In other words, if a client says I will pay you an hourly rate ...
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0answers
49 views

Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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0answers
24 views

Is the sentencing opinion of a judge a strong argument for the defense in similar cases?

Background In the news recently, it has been stated that Judge Ellis gave a 47 month sentence to Paul Manafort for various financial and tax crimes. 47 months is said to be below what both the ...
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1answer
110 views

Is it illegal for a website's moderator/administrator to access your computer when you are posting comments?

The Computer Fraud and Abuse Act (CFAA) is a United States cyber security bill that was enacted in 1984 as an amendment to existing computer fraud law (18 U.S.C. § 1030), which had been included in ...
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2answers
413 views

Can a police officer lie?

In the unfortunate event, someone finds themselves being questioned by the police in the US, and they ask for a lawyer, but in an unlikely event the police officer says "you don't need a lawyer you're ...
2
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1answer
113 views

Can a store take my bag when it contains both my and their property?

I've had my bag snatched from me before I've even got anywhere near till point (cash register). They told me to leave because I'm barred. They won't let me in to get my bag, and they still have it. ...
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1answer
52 views

2002 or 2006 law on infanticide

I have heard that a law passed in one of the above years says a doctor is required to give medical attention to any born-alive infant. I'm just trying to find the law
2
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1answer
101 views

SVU Question: inadmissible evidence

If you do not have a lawyer but confess to detectives, does that make the evidence inadmissible? He later confesses to Ken, who protects Darius by refusing to reveal his confession and later ...
2
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1answer
59 views

Talking to a Psychiatrist about a Sexual Action AS A Young child

Recently I found my entire real bio family along with a stepfather who was listed as my bio father on my birth cert. from his kids, I learned my history and what happened to me when I was 0-5 years. I ...
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2answers
61 views

Punishments for the manipulation of the justice system

I was wondering are the punishments for manipulating the justice system to your advantage based upon the severity of the result of the extent of manipulation or both. And what is the maximum ...
4
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1answer
75 views

Can defense request findings of fact before resting?

Hypothetical scenario: A victim is identified with documented injuries consistent with having been struck with a weapon. The police find and charge a person (now "Defendant") that they claim ...
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1answer
47 views

Case Law Regarding The Theft Lost of Property

Does anyone know of any case law about someone being found guilty of theft after finding lost property and demanding money to return it? I've heard about it before but can't find it anywhere.
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1answer
3k views

Arizona laws regarding ownership of ground glassware for chemistry usage

I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states: In Arizona, mere possession of ground glassware is a felony, if you're not a ...
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1answer
48 views

Boss asks for possibly illegal action

This is related to another recent question, where someone asked what are the consequences of committing copyright infringement when your boss tells you to do so. A slighlty different case: Your boss ...
2
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1answer
102 views

Is this considered Kidnapping under law?

Okay so the title is questionable but hopefully intriguing. I am not a man of law so I do not know, anyways. Prom is coming up, my friend has a girlfriend 2 hours north of where we live and he wants ...
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1answer
50 views

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.
2
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1answer
139 views

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 ...
2
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1answer
123 views

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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0answers
7 views

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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0answers
32 views

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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2answers
77 views

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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1answer
89 views

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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1answer
70 views

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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1answer
28 views

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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1answer
67 views

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 ...