Questions tagged [criminal-law]

For questions about laws related to crime.

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0answers
40 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
184 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
154 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
95 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
77 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
56 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
61 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
38 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
144 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 ...
5
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2answers
719 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
127 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
61 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
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1answer
132 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
83 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
103 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 ...
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1answer
141 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
51 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.
20
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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 ...
4
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1answer
57 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
112 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
62 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.
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2answers
220 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
144 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
8 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
38 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
114 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
131 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
76 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
44 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
69 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 ...
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1answer
69 views

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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4answers
17k views

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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5answers
384 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
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2answers
102 views

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 ...
5
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1answer
110 views

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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0answers
31 views

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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0answers
254 views

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 ...
1
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1answer
57 views

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 ...
5
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2answers
299 views

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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2answers
88 views

“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
170 views

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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1answer
49 views

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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1answer
49 views

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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0answers
56 views

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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1answer
52 views

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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2answers
97 views

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
101 views

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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0answers
61 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
76 views

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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1answer
59 views

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 ...