And no, we are not talking about Easter. April 20, more colloquially known as “4/20” is the (unofficial) national marijuana smoking holiday. People from all over, especially now in states such as Washington and Colorado that have legalized marijuana usage at the state level, await this holiday all year and will celebrate by…well, getting high. Federal Versus State Law...
Continue ReadingThe punishment of minors who commit serious crimes has often been a highly contested and contentious issue for years. This is in large part due to the implications of a long prison sentence on a minor who, as some would argue, may not have developed the brain function necessary to understand the gravity of their crime or fully process...
Continue ReadingEveryone should have the right to protect themselves, however, if you are carrying certain weapons or using a weapon in a certain manner you may find yourself facing criminal charges. If you have questions about the legal use and carrying of a weapon or firearm or have been arrested for a firearm crime or another weapons charge, the experienced...
Continue ReadingIn parts 1 and 2 of this series we discussed inchoate crimes and, specifically, the crime of attempt. In this post we discuss another inchoate crime – conspiracy. A conspiracy is an agreement between two or more people to commit one or more criminal acts. The heart of the crime of conspiracy is an agreement between a group of...
Continue ReadingIn part one of this series, we discussed inchoate crimes – crimes that have begun, but have not been completed. One only need open the newspaper or watch the crime section of a TV news report to catch a story of one of these crimes. For example, consider a case where four men allegedly enter an apartment home and...
Continue ReadingSometimes one may decide–in a brief instance–to commit a crime. However, crimes are often not just a spur of the moment action but rather the result of some consideration, planning, and preparation. In fact, one may think of the process of committing a crime as a series of steps: The person must first have the idea of committing a...
Continue ReadingKids will be kids, however, when your child’s actions end in an arrest, things can get serious quickly. A fight in school can lead to an arrest for assault and battery, a simple prank can end in a charge of vandalism, and experimentation or giving into peer pressure can bring drug charges that could affect your child’s future. If...
Continue ReadingThe issue of pleading guilty to a crime by reason of insanity is a common “crime movie” theme. As a result, many are familiar with the basic requirements. But, a less understood issue is how a defendant’s mental state can affect his or her ability to stand trial. Due Process Requires Competency As declared in the Fifth and Fourteenth...
Continue ReadingThere are many reasons someone can be arrested for violating probation. It’s important if you have been arrested for a probation violation that you seek legal representation immediately. If you have been arrested for a probation violation, the experienced probation violation defense attorneys at Moses and Rooth can help you avoid further jail time. Ways to Violate Parole Under...
Continue ReadingMany people are confused when it comes to charges of assault and battery. Although it is common for a charge of assault to accompany a battery charge, a person can be charged with an assault and not a battery. If you have been charged with an assault, battery or both, speak to an experienced assault and battery defense attorney...
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