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Crime Definations
MURDER
Homicide is the killing of one human being by another either
lawfully or unlawfully. Homicide includes murder and manslaughter,
which are unlawful, and the acts of excusable and justifiable
homicides, which are lawful.
Consequences
for the conviction of Murder may potentially include:
- Up
to life imprisonment
- Life
in prison with or without parole
- Death
penalty
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
for Murder may potentially include:
- Defense
of others (loved ones)
- Insufficient
evidence
- Factual
innocence
- Self
defense
- Insanity/Battered
woman
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate alternatives to jail
- Obtain
an evaluation report from court approved psychologist (to
show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
RAPE
Two persons engaged in the act of sexual intercourse; the
act of intercourse was against the goodwill of the alleged
victim; the two persons were not married to each other at
the time of the act of sexual intercourse; and the act was
accomplished by means of force, violence, duress, menace,
or fear of immediate and unlawful injury to the alleged victim
or another person.
Consequences
for the conviction of Rape may potentially include:
- Imprisonment
- Sex
offender registration
- Loss
of the right to vote
- Loss
of the right to own a deadly weapon
- Probation
or parole
- Mandatory
AIDS testing
- Court
ordered rehabilitation
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Rape may potentially include:
- Consent
- Insufficient
evidence
- Factual
innocence/mistaken identity
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
MOLESTATION
A person who commits any lewd or lascivious act upon or with
the body of a child, with the specific intent of arousing,
appealing to, or gratifying the lust or passions or sexual
desires of that person or child.
Consequences
for the conviction of Molestation may potentially include:
- Imprisonment
- Sex
offender registration
- Loss
of the right to vote
- Loss
of the right to own a deadly weapon
- Probation
or parole
- Mandatory
AIDS testing
- Prohibition
from being alone with minors
- Court
ordered rehabilitation
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Molestation may potentially include:
- Insufficient
evidence
- Factual
innocence/mistaken identity
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
THEFT/ARMED
ROBBERY
A person took the personal property of some value belonging
to another; when the person took the property that person
had the specific intent to deprive the alleged victim permanently
of that property; and that person carried the property away
by obtaining physical possession and control for some period
of time and by some movement of the property.
Consequences
for the conviction of Theft may potentially include:
- Imprisonment
- Probation
or parole
- Loss
of the right to be bonded
- Restitution
(paid to the victims to compensate for any losses)
- Court
ordered counseling
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Theft may potentially include:
- Insufficient
evidence
- Factual
innocence
- True
owner
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- Provide
vigorous and aggressive defense
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
FRAUD
A person made or caused to be made either directly, or indirectly,
or through agency, a false statement; that person made or
caused to be made with the specific intent that it be relied
upon; that person knew this statement was false; the false
statement was made with the specific intent to procure in
any form whatsoever, either the delivery of personal property,
the payment of cash, the making of a loan, credit, the extension
of credit, the execution of a contract of guaranty or suretyship,
the discount of an account receivable, or the making, acceptance,
discount, sale or endorsement of a bill of exchange or promissory
note before the benefit of either that person or another person.
Consequences
for the conviction of Fraud may potentially include:
- Imprisonment
- Probation
or parole
- Loss
of the right to be bonded
- Restitution
(paid to the victims to compensate for any losses)
- Court
ordered counseling
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstance
- Other
Defenses
of Fraud may potentially include:
- Insufficient
evidence
- Factual
innocence
- True
owner
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case.
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
EMBEZZLEMENT
A relation of trust and confidence existed between two persons;
and pursuant to that relationship one of those persons accepted
property entrusted to them by the other person; and with the
specific intent to deprive the other person of their property,
the person appropriated or converted it to their own use.
Consequences
for the conviction of Embezzlement may potentially include:
- Imprisonment
- Probation
or parole
- Loss
of the right to be bonded
- Restitution
(paid to the victims to compensate for any losses)
- Court
ordered counseling
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Embezzlement may potentially include:
- Insufficient
evidence
- Factual
innocence
- True
owner
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually upated as to the status of your case.
- In
appropriate cases, negotiate alternatives to jail
- Obtain
an evaluation report from court approved psychologist (to
show counseling may be a betteralternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
ILLEGAL
POSSESSION OF WEAPONS
A person has actual or constructive possession of a deadly
weapon such as a gun, knife, etc.
Consequences
for the conviction of Illegal Possession of Weapons may potentially
include:
- Imprisonment
- Probation
or parole
- Loss
of the right to own a deadly weapon
- Significant
fines
Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Illegal Possession of Weapons may potentially include:
- Insufficient
evidence
- Factual
innocence
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
PROBATION
VIOLATION
A violation of probation can lead to revocation of probation
and the imposition of a custodial (Jail or Prison) sentence.
Consequences
for the conviction of Probation Violation may potentially
include:
- Probation
revoked and sentence imposed
- Jail
or imprisonment (depends upon original conviction)
- Significant
fines
Probation
reinstatement with additional terms including:
- Jail/Prison
- Longer
term
- Additional
fines
- Community
service
- Rehabilitation
program
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
for Probation Violation may potentially include:
- Insufficient
evidence
- Factual
innocence
- Probation
terms complied with
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually informed as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
VEHICULAR
MANSLAUGHTER
Any person who drives a vehicle and unintentionally but unlawfully
kills another human being.
Consequences
for the conviction of Vehicular Manslaughter may potentially
include:
- Imprisonment
- Probation
or Parole
- Loss
of driving privilege
- Significant
fines
Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Alcohol/drug
related
- Other
Defenses
for Vehicular Manslaughter may potentially include:
- Not
at fault/lack of negligence
- Insufficient
evidence
- Factual
innocence
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better lternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
DOMESTIC
VIOLENCE
A person has willfully inflicted bodily injury upon his/her
spouse, or the person they are co-habiting with, and the bodily
injury resulted in a traumatic condition.
Consequences
for the conviction of Domestic Violence may potentially include:
- Domestic
counseling
- Probation
or parole
- Imprisonment
- Anger
management class
- Significant
fines
- Loss
of the right to own a deadly weapon
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstance
- Other
Defenses
for Domestic Violence may potentially include:
- Self
defense
- Insufficient
evidence
- Factual
innocence
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
DRUNK
DRIVING
Operating a vehicle under the influence of alcohol, controlled
substance, medication, or prescription that impairs the driver's
ability to operate the vehicle.
Consequences
for the conviction of Driving Under the Influence may potentially
include:
- Loss
of driver's license
- Probation
or parole
- Loss
of auto insurance
- Court
ordered driving school
- Impound
of vehicle
- Court
ordered ignition device
- Significant
fines
- Other
Likelihood
of any of the above consequences depends on the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of the community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Accident
involved
- Blood
alcohol content
- Other
Defenses
for Driving Under the Influence may potentially include:
- Insufficient
evidence
- Factual
innocence
- Illegal
traffic stop
- Improper
testing
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
ASSAULT
& BATTERY
A threat that commands the immediate performance of some act
which the threatening party has no legal right to demand;
a threat that is made with the intention of compelling performance
of the act by the application of physical force; the person
making the threat has placed his/herself physically into a
position to inflict physical force; and that person has proceeded
as far as it is necessary to go in order to carry out this
intention.
Consequences
for the conviction of Assault and Battery may potentially
include:
- Imprisonment
- Probation
or parole
- Anger
management class
- Significant
fines
- Loss
of the right to own a deadly weapon
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
for Assault and Battery may potentially include:
- Defense
of others (loved ones)
- Insufficient
evidence
- Factual
innocence
- Self
defense
- Defense
of property
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
SEX
CRIMES
A person who commits any lewd or lascivious act upon or with
the body of a child, with the specific intent of arousing,
appealing to, or gratifying the lust or passions or sexual
desires of that person or child.
Consequences
for the conviction of Sex Crimes may potentially include:
- Imprisonment
- Registration
as a sex offender
- Loss
of the right to vote
- Loss
of the right to own a deadly weapon
- Probation
or parole
- Mandatory
AIDS testing
- Prohibition
against from being alone with minors
- Court
ordered rehabilitation
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Sex Crimes may potentially include:
- Insufficient
evidence
- Factual
innocence/mistaken identity
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
EXTORTION
A person obtained property from the alleged victim; the property
was obtained with consent of the alleged victim; the alleged
victim's consent was induced by the wrongful use of force
or fear; and the person who used the force or fear did so
with the specific intent to induce the alleged victim to consent
to the giving up of their property.
Consequences
for the conviction of Extortion may potentially include:
- Imprisonment
- Probation
or parole
- Loss
of the right to be bonded
- Restitution
(paid to the victims to compensate for any losses)
- Court
ordered counseling
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Extortion may potentially include:
- Insufficient
evidence
- Factual
innocence
- True
owner
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the status of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
DRUG
OFFENSES
A person exercised dominance and control over a controlled
substance, the person knew of its presence, and the person
knew of its nature as a controlled substance; and the substance
was in an amount sufficient to be used as a controlled substance.
Consequences
for the conviction of Drug Offenses may potentially include:
- Imprisonment
- Probation
or parole
- Registration
as a narcotics offender
- Drug
testing
- Court
ordered counseling or rehabilitation
- Loss
of driver's license
- Seizure
of motor vehicle
- Search
and seizure conditions
- Significant
fines
- Other
Likelihood
of any of the above consequences depends upon the following
factors:
- Prior
similar convictions
- Any
other prior convictions
- Currently
on probation or parole
- Attitude
of community and court toward this type of crime
- Degree
of media attention on case
- Mitigating/aggravating
circumstances
- Other
Defenses
of Drug Offenses may potentially include:
- Insufficient
evidence
- Factual
innocence
- Valid
prescription
- Illegal
search and seizure
- Other
What can
you do to improve the outcome of your case?
- Gather
documentation of your good character (reference letters,
employment history, community service, etc.)
- Exercise
your right to remain silent
- Retain
qualified counsel as soon as possible
- Keep
a diary of all significant events and potential witnesses
(this information will help your attorney prepare the best
possible defense)
- DO
NOT investigate your own case
What can
we do to help?
- Early
preparation, including legal research and defense identification
- Early
investigation and identification of all facts helpful to
your defense
- Interview
police to minimize or eliminate the case
- Interview
the prosecutor to minimize or eliminate the case
- Interview
all witnesses
- Reduce
or eliminate bail requirements
- Provide
emotional support to loved ones and ensure that they are
continually updated as to the state of your case
- In
appropriate cases, negotiate jail alternatives
- Obtain
an evaluation report from a court approved psychologist
(to show counseling may be a better alternative to jail)
- Coordinate
a private lie detector test
- Develop
appropriate motions to dismiss the case
- Develop
appropriate motions to suppress evidence
|
DISCLAIMER
The statements above are not legal advice! These
statements are not intended to be a correct statement
of law in your jurisdiction. The statements are intended
to give you a very general understanding of what is
involved in this type of crime. Please consult an attorney
to find out what law applies in your jurisdiction.
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Abuse
- General term for physical or mental mistreatment.
- Child
Abuse - An intentional or neglectful physical or emotional
injury imposed on a child, including sexual molestation.
- Sexual
Abuse - An illegal sex act, especially one performed
against a minor by an adult. The term is usually applied
to contact not amounting to rape. and is typically divided
into degrees according to the nature and circumstances of
the contact.
- Spousal
Abuse - Physical, sexual, or psychological abuse inflicted
by one spouse on the other spouse.
Appeal
- A request to a higher (appellate) court for that court to
review and change the decision of a lower court.
Arson - Malicious burning to destroy property.
Assault
- The threat or use of force on another that causes that
person to have a reasonable apprehension of imminent harmful
or offensive contact; the act of putting another person
in reasonable fear or apprehension of an immediate battery
by means of an act amounting to an attempt or threat to
commit a battery.
- Aggravated
Assault - Criminal assault accompanied by circumstances
that make it more severe, such as the use of a deadly weapon,
the intent to commit another crime, or the intent to cause
serious bodily harm.
- Assault
and Battery - Assault in conjunction with actual battery.
- Assault
With A Deadly Weapon - An aggravated assault in which
the defendant, controlling a deadly weapon, threatens the
victim with death or serious bodily injury.
- Assault
With Intent - Any of several assaults that are carried
out with an additional criminal purpose in mind, such as
assault with intent to murder, assault with intent to rob,
assault with intent to rape, and assault with intent to
inflict great bodily injury.
- Attempted
Assault - An attempt to commit an assault.
- Sexual
Assault
a. Sexual
intercourse with another person without that person's consent.
b.
Offensive sexual contact with another person, exclusive
of rape.
Battery
- The application of force to another, resulting in harmful
or offensive contact.
Bribery - The corrupt payment, receipt, or solicitation
of a private favor for official action.
Child Enticement - Attempting to entice, lure, tempt,
or persuade any child to enter, leave, or stay in any building,
vehicle, or place if such act is done with the use of force
or with the intent to commit rape, indecent assault, battery,
dissemination of material harmful to children, unnatural and
lascivious acts, indecent exposure, or other sexual offenses.
Child Exploitation - The hiring, employment, persuasion,
inducement, or coercion of child to perform in obscene exhibitions
and incident shows, whether live, on video or film, or to pose
or act as a model in obscene or pornographic materials, or to
sell or distribute said materials.
Child Pornography - Any visual depiction of actual or
simulated sexual conduct by an individual under the age of 18
or lascivious exhibition of the pubic area of such an individual.
Courts have held that such material my be banned even if it
is not legally obscene and does not involve nudity.
Child Procurement - The act of arranging or instigating
a meeting with a child for the purpose of having sexual relations.
Counterfeiting - The forging, copying, or imitating of
something (usually money) without a right to do so and with
the purpose of deceiving or defrauding.
Cybercrime
- Cybersquatting
The act of reserving a domain name on the Internet, especially
a name that would be associated with a company's trademark,
and then seeking to profit by selling or licensing the name
to the company that has an interest in being identified
with it.
- Cyberstalking
The act of threatening, harassing, or annoying someone through
multiple email messages, as through the Internet, especially
with the intent of placing the recipient in fear that an
illegal act or an injury will be inflicted on the recipient
or a member of the recipient's family or household.
- Cybertheft
The act of using an online computer service, such as one
on the Internet, to steal someone else's property or to
interfere with someone else's use and enjoyment of property.
- Email
Interception
The act of reading, storing, or intercepting email intended
for another person without that person's permission.
- Internet
Fraud
Internet fraud generally refers to any type of fraudulent
use of a computer and the Internet, including the use of
chat rooms, email, message boards, discussion groups and
web sites, to conduct fraudulent transactions, transmit
the proceeds of fraud to financial institutions, or to steal,
destroy or otherwise render unusable (the proliferation
of viruses for example) computer data vital to the operation
of a business.
- Telemarketing
Fraud - Telemarketing Fraud is a term that refers generally
to any scheme to deprive victims dishonestly of money or
property or to misrepresent the values of goods or services.
Domestic
Violence - Violence between members of a household, usually
spouses; an assault or other violent act committed by one member
of a household against another.
Drug Crimes
- The definitions below encompass both drugs and drug paraphernalia.
- Cultivation
- The growing of organic drugs or their precursors, e.g.
marijuana, coca, opium poppies, etc.
- Distribution
- The act selling or trading drugs.
- Manufacturing
- Includes the creation of synthetic drugs and the act of
isolating drug compounds from organic sources.
- Possession
- Having drugs or drug paraphernalia on one's person.
- Possession
for Sale -The possession of drugs in quantities sufficient
for resale.
- Prescription
Fraud - The act of obtaining prescription (legal) drugs
through forged or stolen prescriptions.
- Trafficking
- The act of transferring drugs from one location to
another, usually on behalf of a second party.
Embezzlement
- The illegal transfer of money or property that, although possessed
legally by the embezzler, is diverted to the embezzler personally
by his or her fraudulent action.
Expungement - The legal procedure for sealing a record
of an arrest and/or criminal conviction from public view.
Extortion - Obtaining money or property by threat to
a victim's property or loved ones, intimidation, or false claim
of a right (such as pretending to be an IRS agent).
Failure To Register - Failure to register as a sex offender.
Forgery - The act of fraudulently making a false document
or altering a real one to be used as if genuine.
Fraud
- A knowing misrepresentation of the truth or concealment of
a material fact to induce another to act to his or her detriment.
- Actual
Fraud - A concealment or false representation through
a statement or conduct that injures another who relies on
it in acting.
- Bank
Fraud - The criminal offense of knowingly executing,
or attempting to execute, a scheme or artifice to defraud
a financial institution, or to obtain property owned by
or under the control of a financial institution, by means
of false or fraudulent pretenses, representation, or promises.
- Bankruptcy
Fraud - The act of filing a false bankruptcy claim.
- Civil
Fraud - An intentional-but not willful-evasion of taxes.
- Constructive
Fraud - Unintentional deception or misrepresentation
that causes injury to another.
- Credit
Card Fraud - Examples of Credit Card Fraud include:
Illegal counterfeiting of credit cards, the use of lost
or stolen credit cards, and obtaining credit cards fraudulently
through the mail.
- Criminal
Fraud - The willful evasion of taxes accomplished by
filing a fraudulent tax return.
- Extrinsic
Fraud - Deception that is collateral to the issues being
considered in the case; intentional misrepresentation or
deceptive behavior outside the transaction itself, depriving
one party of informed consent or full participation.
- Health
Care Fraud -Any scheme involving the health care industry
that is designed for illegal financial gain, including:
Billing for services not rendered, inflating the cost of
the service provided, the deliberate sale of medically unnecessary
services, and the payment of "kickbacks," or illegal
payments designed to guarantee awarding of a contract or
the exclusive right to provide a service.
- Insurance
Fraud -Fraud committed against an insurer, as when an
insured lies on a policy application or fabricates a claim.
- Intrinsic
Fraud - Deception that pertains to an issue involved
in an original action. o Examples include the use of fabricated
evidence, a false return of service, perjured testimony,
and false receipts or other commercial documents.
- Investment
Fraud - This form of fraud occurs when an adviser, stockbroker,
or brokerage firm offers investors biased, unfounded, or
contradictory investment advice out of a conflict of interest.
- Mail
Fraud - An act of fraud using the U.S. Postal Service,
as in making false representations through the mail to obtain
an economic advantage.
- Promissory
Fraud - A promise to perform made when the promiser
had no intention of performing the promise.
- Securities
Fraud - The crime of knowingly making any materially
misleading statement, or failing to disclose a material
fact, in connection with the purchase or sale of a security.
- Tax
Fraud - See Tax Fraud
- Wire
Fraud - An act of fraud using electronic communications,
as by making false representations on the telephone to obtain
money.
Hate Crimes
- A hate crime, generally, refers to a crime committed not
out of animosity toward a victim as an individual, but out of
hostility toward the group to which the victim belongs.
Homicide-
The killing of one person by another. This is the generic
legal term for killing a person, whether lawfully or unlawfully.
Unlawful homicide comprises the two crimes of murder and manslaughter.
- Criminal
Homicide
- Homicide prohibited and punishable by law, such as murder
or manslaughter.
- Excusable
Homicide -
Homicide resulting from a person's lawful act, committed
without intention to harm another.
- Justifiable
Homicide
- The killing of another in self-defense when faced with
the danger of death or serious bodily injury. (same as excusable
homicide)
- Negligent
Homicide - Homicide resulting from the careless performance
of a legal or illegal act in which the danger of death is
apparent; the killing of a human being by criminal negligence.
- Reckless
Homicide - The unlawful killing of another person with
conscious indifference toward that person's life.
- Vehicular
Homicide - The killing of another person by one's unlawful
or negligent operation of a motor vehicle.
Identity
Theft - Identity Theft primarily involves either "true
name" or "account takeover" fraud. With "true
name" someone uses a consumer's personal information to
open new accounts in his or her name. With "account takeover"
someone gains access to a person's existing account(s) and makes
fraudulent charges. Another form of identity theft occurs when
a criminal provides a victim's personal information to law enforcement
when the criminal gets arrested. The victim may then have a
criminal record or outstanding warrants attached to their name
without even realizing it. Indecent
Exposure - An offensive display of one's own body in public,
especially of the genitals.
Lewdness - Gross, wanton, and public indecency that is
outlawed by many state statutes; a sexual act that the actor
knows will likely be observed by someone who will be affronted
or alarmed by it.
Mayhem - Dismemberment or permanent disfigurement.
Manslaughter
- The unlawful killing of a human being without malice aforethought.
- Involuntary
Manslaughter - Homicide in which there is no intention
to kill or do grievous bodily harm, but that is committed
with criminal negligence or during the commission of a crime
not included within the felony-murder rule.
- Voluntary
manslaughter - An act of murder reduced to manslaughter
because of extenuating circumstances such as adequate provocation
(arousing the "heat of passion") or diminished
capacity.
Molestation
1.The
persecution or harassment of someone, as in the molestation
of a witness.
2.
The act of making unwanted and indecent advances to or on someone,
especially for sexual gratification.
Child Molestation - Any indecent or sexual activity on,
involving, or surrounding a child, usually under the age of
14.
Money
Laundering
The federal crime of transferring illegally obtained money through
legitimate persons or accounts so that its original source cannot
be traced.
Murder
- The killing of a human being with malice aforethought.
- Depraved-heart
murder - -A murder resulting from an act so reckless
and careless of the safety of others that it demonstrates
the perpetrator's complete lack of regard for human life.
- Felony
Murder - Murder that occurs during the commission of
a felony.
- First-degree
murder - Murder that is willful, deliberate, or premeditated,
or that is committed during the course of another serious
felony (often limited to rape, kidnapping, robbery, burglary,
or arson). o All murder perpetrated by poisoning or by lying
in wait is considered first-degree murder.
- Second-degree
murder -Murder that is not aggravated by any of the
circumstances of first-degree murder.
Obscenity
Any form of expression, such as a book, painting, photograph,
movie, or play, that deals with sex in a way that is regarded
as so offensive as to be beyond the protection of the constitutional
guarantee of freedom of speech. Under the most recent of the
Supreme Court's efforts to define obscenity, the term applies
to material that appeals to prurient interest, depicts, or describes
sexual conduct in a way that is patently offensive, and lacks
"serious literary, artistic, political, or scientific value."
Pandering
1. The act or offense of recruiting a prostitute, finding
a place of business for a prostitute, or soliciting customers
for a prostitute.
2. The act or offense of selling or distributing textual or
visual material openly advertised to appeal to the recipient's
sexual interest.
Perjury - The act or an instance of a person's deliberately
making material false or misleading statements while under
oath.
Pornography - Pictures and/or writings of sexual activity
intended solely to excite lascivious feelings of a particularly
blatant and aberrational kind, such as acts involving children,
animals, orgies, and all types of sexual intercourse.
Prostitution - The crime of engaging in sexual intercourse
or other sexual activity for hire.
Pyramid Schemes - Pyramid Schemes may involve a structure
that is laid out like a pyramid, with one person at the top,
two persons on the next level, four on the next and eight
on the next. The structure may also be circular with one person
at the center, two on the next, four on the next and eight
persons on the outer circle. The circular structure is merely
a view of a pyramid looking from the top down.
Racketeer Influenced and Corrupt Organizations Act (RICO)
- A federal statute enacted in 1970 and subsequently copied
in many state statutes (informally called "Little Rico"
statutes), designed to attack organized crime by providing
special criminal penalties and civil liabilities for persons
who engage in, or derive money from, repeated instances of
certain types of crime.
Rape
- Unlawful
sexual activity with a person without consent and usually by
force or threat of injury.
- Date
Rape - Rape committed by someone known to the victim,
especially by the victim's social companion.
- Marital
Rape - A husband's sexual intercourse with his wife
by force or without her consent.
- Statutory
Rape - Unlawful sexual intercourse with a person under
the age of consent, regardless of whether it is against
that person's will.
Self-Defense
-The use of reasonable force against an aggressor by one
who reasonably believes it necessary in order to avoid imminent
bodily harm. Self-defense is a justification for conduct that
would otherwise be a crime.
Sexual Harassment -A form of unlawful employment discrimination
consisting of harassment of an employee or group of employees,
usually women. This may take the form of requiring or seeking
sexual favors as a condition of employment (quid pro quo harassment)
or otherwise subjecting an employee to intimidation, ridicule,
or insult because of her sex, whether or not the harassing
conduct is sexual in nature.
Sexual Offense - General term used to describe a crime
of a sexual nature.
Sodomy - A term varying in meaning from state to state,
but generally referring to any type of sex act regarded by
a legislature as "unnatural" or "perverted"
In the narrowest and most traditional sense, the term refers
to anal sexual intercourse between men, but it may extend
to those or other acts between men and women (sometimes exemption
married couples, sometimes not), or women and women, or people
and animals. Also called a crime against nature, or an unnatural
act.
Stalking - The act of threatening, harassing, or annoying
someone, especially with the intent of placing the recipient
in fear that an illegal act or an injury will be inflicted
on the recipient or a member of the recipient's family or
household.
Tax Evasion - The willful attempt to defeat or circumvent
the tax law in order to illegally reduce one's tax liability.
Tax Fraud - The crime of intentionally filing a false
tax return or making other false statements under penalties
of perjury to taxing authorities.
Terrorism
Politically motivated violence or intimidation directed against
a civilian population by a subgroup within a population, by
an outside group, or by clandestine agents of another country.
Theft
1. The felonious taking and removing of another's personal property
with the intent to permanently deprive the true owner thereof;
larceny.
2. Broadly, any act or instance of stealing, including larceny,
burglary, embezzlement, and false pretenses.
- Cybertheft
- See Cybertheft.
- Theft
By Deception -The use of deception to obtain another's
property.
- Theft
By False Pretext -The use of a false pretext to obtain
another's property.
- Theft
Of Services -The act of obtaining services from another
by deception, threat, coercion, stealth, mechanical tampering,
or using a false token or device.
- Writs
- An order from a higher court to a lower court or to a
government official such as a prison warden.
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