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If you are in removal proceedings, you cannot leave the United States until your case is closed. If you leave the country, you risk breaking the rule that you must have continuous residency for naturalization purposes. In such a case, you may have trouble getting a visa or being deported....
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If the police have pulled you over for any reason, you should know your rights and know what to do. While you may not be under arrest, you can still be detained if you’ve been convicted of a crime. Before you agree to talk to the police, you should let...
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While there are no legal defenses for first-time offenders, the penalties for subsequent DUI offenses can be higher. In addition, there are mandatory minimum jail sentences. In Colorado, the minimum sentence for a first DUI offense is five days, and the second and third offenses can both carry longer jail...
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The consequences of driving under the influence can be devastating. In addition to skyrocketing insurance rates, you may end up in jail or face countless fines and court charges. Thankfully, there are some ways to minimize the risks and get caught. Here are a few ways you can avoid getting...
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When you are pulled over by the police, you will probably wonder what will happen. Your rights and responsibilities are not the same in every state. You may not have committed any crime, but you may have a traffic violation. Police officers may stop you because they’re suspicious or you...
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What is bail and why is it set? Bail is supposed to be set only in cases where the court believes that the only way to get someone to return to court is to require them to post money. The idea behind setting bail is to encourage people to return...
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There are many ways a case can end up in federal court. It can happen due to a conflict of interest between the parties. Generally, there must be some evidence of harm to bring a case to court. The case proceeds from a district court to an appellate court, and...
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In criminal law, the elements of an offense are set forth by statute. These elements include an act (actus reus), a mental state (mens rea), and causation. Each element has a burden of proof, and the burden is on the government to establish each element. Crimes are usually broken down...
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Thankfully, encounters with violent people are rare. However, dealing with someone who exhibits violent tendencies can be a challenge. Not only can dealing with such a person be stressful, but it can also put you and others at risk of harm. Here are some tips to deal with these types...
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The question “Is gun possession a federal crime?” can be confusing and overwhelming. In this article, you’ll learn the basics of federal gun laws and how to defend yourself against charges. As a defense, you can use the Fourth Amendment and the Constitution to your advantage. The Constitution prohibits unreasonable...
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Despite the popular misconception, your criminal record doesn’t automatically clear after seven years. In fact, it can take a long time to clear your record, which means that you will need to take action to do so. There is no legal procedure that will clear your criminal record automatically, and...
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How long does a DUI stay on your driving record? The state you live in will affect this. In some states, the DUI will remain on your driving record for as long as seven years. In other states, it may remain on your record for as long as fifteen years....
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The difference between homicide and manslaucher primarily lies in intent. The former is an intentional act that leads to the death of another person. Manslaughter, on the other hand, is an involuntary act that causes the death of one person without the intention of causing harm. The difference between the...
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There are many possible reasons why a person might be accused of a crime involving a gun. The most common is self-defense. This defense is only legitimate if the weapon is used to protect oneself against a threat of bodily injury. Taking an offensive action is also a violation of...
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You may be asking yourself, What does sex offender mean? You’ve probably already done it – or are about to do it. But do you really know what it means? Here’s some information to help you figure it out. After all, you’re not the first to have sexual activity on...
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Possession of illicit substances is one of the most common drug offenses. Although possession of small amounts of narcotics is considered a misdemeanor, it does not require a presumption of intent. Even if you are caught holding onto someone else’s cocaine, you may face criminal charges. Similarly, selling drugs can...
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Sex offenses include all types of sexual activity against another human being, whether it’s rape or other procreative acts. This category covers all types of sexual activity and is often referred to as a crime against the family. Other common sex crimes include incest. Sexual assault and harassment are also...
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Federal crimes carry a minimum sentence. These sentences can range anywhere from imprisonment for a year to life in prison. They are referred to as mandatory, but there are several circumstances that may avoid mandatory sentences. For example, prosecutors may elect not to prosecute a case or the President can...
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What is the crime of theft? Theft is a common crime. There are different types of theft, including identity theft, extortion, and the theft of services. Although the intent is the most common defense to theft, there are other types of theft that can also fall under this category. You...
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The maximum prison term for a felony depends on several factors, including whether the felony was a violent or drug offense. In New York, felonies have a minimum and maximum sentence for each class, and each class has a specific range for the minimum and maximum sentence. The maximum sentence...
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How much does it cost to hire a DWI lawyer in NY? Several factors affect the price, including the type of case and the type of attorney. For example, the charges for DUI and DWI can vary greatly, so it’s important to consider these expenses before choosing an attorney. A...