Criminal Defense Legal Guides (831 found)

Written by Howard Woodley Bailey
In general, intoxication is not a defense to criminal culpability unless it negates an element of the offense. If you were drinking before or during the incident, discuss with your lawyer how to establish what and when you had the drinks, in relation to the time frame of the incident.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
It is not whether you use a privately retained defense lawyer, or a public defender to represent you that determines how strong a defense you have. It is the factual basis used by the prosecution, the legal issues in that factual basis, and how susceptible the facts and issues are to attack.
1 of 2 users found this helpful. Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In NJ, the defense of Duress may be raised in the defense of any offense, although in regards to the crime of Murder, it may only be used to reduce the the degree of crime to manslaughter. This defense in essence says that you were coerced into committing the crime.
1 of 2 users found this helpful. Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Howard Woodley Bailey
In NJ, there are two circumstances when the defense of consent is permitted. The first is where the consent negates an element of the offense. The second is where the consent precludes the purpose or intent of the offense. If you believe that the victim gave consent to you, advise your lawyer.
Posted 5 months ago in Criminal Defense. Jurisdiction: New Jersey

Written by Joseph Cameron Bodiford
There are some critical concerns for you when working with your lawyer in your criminal case. You should review these issues to make sure you are doing YOUR part in defending yourself.
Posted 4 months ago in Criminal Defense.

Written by Gregory John Elvine-Kreis
Domestic Violence charges are very serious and should be addressed at the earliest stage after contact with law enforcement.
Posted about 1 month ago in Criminal Defense. Jurisdiction: California

Written by Melinda A. Morris
Potential defenses in a given drunk driving (DUI) case are almost limitless due to the complexities of the offense. Selecting a DUI attorney with inside knowledge of these potential defenses is of critical importance. Generally speaking, the majority can be broken down into the following areas:
2 of 2 users found this helpful. Posted about 1 month ago in DUI / DWI. Jurisdiction: Florida

Written by Matthew Blake Wallin
To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant was willfully under the influence of alcohol and/or drugs; 2. When the defendant was under the influence, (he/she) was in a public place; AND 3. The defendant was unable to exercise care for (his/her
Posted 25 days ago in Criminal Defense. Jurisdiction: California

Written by Avvo Staff
Criminal rights laws are in place to ensure that anyone accused of a crime is treated fairly and presumed innocent until proven otherwise.
5 of 8 users found this helpful. Posted about 1 year ago in Criminal Defense.

Written by Kurt Edward Boehl
Many people that have been arrested or have received a summons for a misdemeanor criminal matter have questions about the criminal process. The following is a guide of the court proceedings for a misdemeanor: (1) Arraignment; (2) Pretrial Hearing; (3) Motions Hearing; (4) Trial; (5) Sentencing
5 of 5 users found this helpful. Posted about 1 year ago in Criminal Defense. Jurisdiction: Washington

Written by Kurt Edward Boehl
Many people that have been arrested or have received a summons for a felony criminal matter have questions about the criminal process. The following is a guide of the felony court proceedings in King County, Washington.
5 of 5 users found this helpful. Posted about 1 year ago in Criminal Defense. Jurisdiction: Washington

Written by Anthony John Colleluori
When facing serious charges in the US District (Federal) Court, understanding how to calculate your potential sentence is an important part of gaining & maintaining your sanity. Unfortunately, the task seems daunting. While this will not guarantee a sentence, it should help get you in the ballpark
4 of 4 users found this helpful. Posted about 1 year ago in Federal Crime. Jurisdiction: Federal

Written by Andrew M. Morgan
The three key categories of mistake in Wisconsin.
Posted about 1 year ago in Criminal Defense. Jurisdiction: Wisconsin

Written by Thomas C Gallagher
Having a public criminal record, especially a record of conviction, can be costly -- perhaps worth millions of dollars in lost income over a working lifetime for many people, as well as loss of civil rights. How can this be avoided? If it's too late for that, how can it be remedied?
3 of 7 users found this helpful. Posted 4 months ago in Criminal Defense. Jurisdiction: Minnesota

Written by Piotr Gabriel Reysner
Time has passed since your conviction of a crime and now you want your record cleared so that nobody can see your prior bad deeds. So how exactly do your clear your criminal record?
7 of 12 users found this helpful. Posted about 1 year ago in Criminal Defense. Jurisdiction: California

Written by Gregory David MacFarlane
The Criminal Trial Division of the Philadelphia Municipal Court has jurisdiction over misdemeanors and some felonies which carry a potential custodial sentence of 5 years or less. Under Rule 1013, the Commonwealth has 180 days during which to bring your case to trial.
4 of 12 users found this helpful. Posted about 1 year ago in Criminal Defense. Jurisdiction: Philadelphia County, PA

Written by Samuel Eugene Spital
First, you should ask your attorney if there are any grounds to appeal or set aside the conviction. If not, you should comply with all of the terms and conditions of the Court's Order/Decision. Second, you should inquire of legal counsel as to whether your conviction can be expunged.
Posted about 1 year ago in Criminal Defense. Jurisdiction: California

Written by Derk Allan Wadas
An expunction is a court order to law enforcement agencies in possession of your criminal history. The order requires the law enforcement agencies to destroy your record. If your case is expunged you may deny the occurrence of the arrest and in most situations may deny the existence of the order!
5 of 7 users found this helpful. Posted about 1 year ago in Criminal Defense. Jurisdiction: Texas

Written by David R Yannetti
Whether your criminal record contains convictions, a disposition of a "continuance without a finding," dismissals, fines and other sentences, you should consult an experienced criminal defense attorney to learn whether you might qualify to have your record sealed.
4 of 7 users found this helpful. Posted 12 months ago in Criminal Defense. Jurisdiction: Massachusetts

Written by Steven H. Fagan
Expungement of a criminal record in Illinois is possible under specific circumstances. A compelling story can be helpful, but far more important is determining eligibility under the law. This is the information any lawyer will need to make that analysis properly - so have this information ready!
Posted 11 months ago in Criminal Defense. Jurisdiction: Illinois