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August 18, 2018

Criminal intent—also called "mens rea"—is an element of some, but not all, crimes.

What makes a crime a crime?

In most cases, an act is a crime because the person committing it intended to do something that the state legislature or Congress has determined is wrong, also...

August 18, 2018

If done properly, trying to interview prosecution witnesses can be an effective investigation technique.

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients’ cases. Effective...

August 18, 2018

A reckless but unintentional killing is usually either involuntary manslaughter or second degree murder. Determining which can be tough.

Most people are aware that murder and manslaughter are distinct crimes. They might even know that each has subcategories—murder is ei...

August 18, 2018

Word Online

To help choose right lawyer for your criminal case, look for some or most of these characteristics. 

The attorney you're looking for will probably not be the same person who handled your will, or helped you buy a house, or whom you aunt used when she was invo...

August 18, 2018

Usually, any state in which an essential part of a crime has been committed can prosecute the offender. That means that authorities in each affected state can prosecute a crime that stretches from one territory to another. The double jeopardy prohibition doesn’t apply...

August 18, 2018

Learn what determines whether a state or the federal government prosecutes a criminal case.

In order for the government to have power to regulate any kind of behavior, it must have “jurisdiction.” In most cases, jurisdictional issues are straightforward—the crime occurs...

August 18, 2018

Virginia’s Boating Under the Influence (BUI) Laws 

The 4th of July holiday is here and as much as I enjoy meeting new people, I would prefer that we did not meet this weekend as a result of you getting a BUI (boating under the influence).  So just a reminder,  Virginia...

August 18, 2018

Some crimes are related to, but not included within, other crimes. This distinction may be significant when it comes time for jury instructions.

“Lesser related offense” is a criminal law term for a crime that’s less serious than, but in some way similar to, another cri...

August 18, 2018

You can't commit a greater crime without committing its lesser included offense.

A lesser included offense (or “necessarily” included offense) is a criminal law term for a crime that’s contained within a greater crime—you can’t commit the greater offense without committ...

August 18, 2018

Charged with drunk driving, driving under the influence, or driving while intoxicated, DUI, or DWI? Here's where to start.

How can the police find out whether a driver is under the influence or intoxicated?

Police typically use three methods of determining whether a driv...

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