Explore a comprehensive range of content focusing on criminal law, including video interviews with experienced criminal defense attorneys, in-depth articles on criminal charges, and informative resources about the criminal justice process. Visitors will gain insights into various legal terms, such as felonies, misdemeanors, and rights of the accused, enhancing their understanding of criminal legal proceedings. This section is designed to provide foundational knowledge for those seeking information on how the criminal court system operates.
You can challenge a high BAC test by attacking accuracy factors like calibration records, maintenance logs, chain of custody, and timing—especially around the 0.08% legal limit. Errors in collection, storage, or analysis (or a “rising BAC” after driving) can inflate results. This article explains key BAC rules, common test flaws, and defense strategies used in
How Can You Challenge a High BAC Test? Read More »
Yes—many jurisdictions allow breaking and entering (B&E) charges even if no door or window is physically broken, so long as you entered (or tried to enter) a building unlawfully, often with criminal intent. “Breaking” can include minimal force like opening an unlocked door, raising a window, or pushing past a barrier. This article explains how
Can You Be Charged With B&E Without Actually Breaking? Read More »
In federal criminal cases, maximum statutory sentences are often far higher than what many defendants ultimately receive under the U.S. Sentencing Guidelines. The final exposure depends on the charged statute, guideline calculations (offense level and criminal history), enhancements, mandatory minimums, and sentencing factors under 18 U.S.C. § 3553(a). This guide explains how federal sentences are
Federal Criminal Defense: Avoiding Maximum Sentences (Attorney Guide) Read More »
Plea bargains resolve about 90–95% of U.S. criminal cases without trial. They involve defense and prosecutors negotiating reduced charges, fewer counts, or sentencing recommendations in exchange for a guilty plea, subject to court approval. This article explains how plea bargaining works, key stages, and what defendants should consider before accepting a deal. The plea bargain
Plea Bargains: Understanding the Negotiation Process Read More »
Stare decisis in criminal cases means courts follow binding precedent from higher courts, with federal courts bound by the U.S. Supreme Court and circuit precedent. It promotes consistent rulings while still allowing change when prior decisions are clearly wrong or unworkable. This article explains how precedent operates in criminal decisions and when courts may depart
Stare Decisis in Criminal Cases: Precedent in Legal Decisions Read More »
In U.S. criminal law, res judicata generally bars re-litigating issues once a final judgment is entered, meaning the same case can’t be tried again on the same merits. It supports judicial finality and works alongside the Fifth Amendment’s double jeopardy rule. This article explains how the doctrine applies, key exceptions, and its relationship to collateral
Res Judicata in Criminal Law: Finality of Court Decisions Read More »
The necessity defense can justify a criminal act when 4 elements are met: imminent harm, no reasonable legal alternative, proportionality, and no fault in creating the emergency. Courts apply it narrowly and it often fails if the danger is speculative or the defendant had lawful options. This article covers its history, legal standards, and practical
Necessity Defense: Justifying Criminal Acts Read More »
The corpus delicti rule requires independent evidence that a crime occurred before an out-of-court confession can support a conviction. This protects against wrongful convictions based solely on admissions or coerced statements. This article explains what prosecutors must prove, common exceptions, and how courts apply the rule. The corpus delicti rule stands as a fundamental principle
Corpus Delicti Rule: Proving a Crime Occurred Read More »
Vicarious liability in criminal law can make 1 person criminally responsible for another’s acts when a special legal relationship and a statute allow it. It most often arises in employer–employee settings, corporate offenses, and strict-liability regulatory crimes where supervision or control is key. This article explains the doctrine, common examples, defenses, and limits. In the
Vicarious Liability in Criminal Law: Responsible for Others’ Acts Read More »
The duress defense can excuse a criminal act when a defendant committed it under an immediate threat of death or serious bodily harm. Courts generally require proof the threat was imminent and that a reasonable person would have felt compelled, with notable limits depending on the charge and jurisdiction. This article explains the elements, common
Duress Defense: Committing Crimes Under Threat Read More »
