There is no agreed upon definition of a white collar crime. According to Wex Law Dictionary, sociologist Edwin Sutherland coined the term in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” Wex also states that a white collar crime is generally a nonviolent crime committed in a...
Continue ReadingYou’ve just been charged with a DUI, so now what do you do? What you do next is crucial to the outcome of your case. An experienced DUI defense lawyer at Moses & Rooth can assure the best results and guide you through the DUI nightmare. First Step – Driver’s License Suspension Hearing The first step after receiving a...
Continue ReadingThe Fourth Amendment protects Americans from unreasonable and unlawful searches and seizures of their persons, homes, businesses and property. One practical Fourth Amendment check on law enforcement generally requires officers to obtain search warrants before they may lawfully search or seize a person’s property over the person’s objections. Given how critical evidence gathering can be to dismissal or conviction...
Continue ReadingEvery so often you will read your local paper to find that a defendant was caught because he left his ID at a bank he robbed or the person who was arrested after trying to sell stolen merchandise back to the person they robbed. Well these are certainly news worthy but what about the dumb laws that all states have...
Continue ReadingIt appears that Florida is the Kardashians of the Unites States. We just cannot be a boring low profile state who goes about its business and doesn’t make headlines. Why can’t we be more like Montana? When was the last time something crazy happened there? If a few months go by without us causing some sort of uproar, I’d...
Continue ReadingThe United States Supreme Court has been wrestling with several substantial cases this term. The two marriage equality cases currently being considered and the two dog-sniffing Fourth Amendment challenges recently ruled upon are only some of the cases that have been before the Court this session. In addition to these high-profile cases, the Court has ruled on several importantcriminal...
Continue ReadingOn behalf of Jay Rooth of Moses and Rooth Attorneys at Law posted inCriminal Justice on Monday, April 22, 2013. A broken criminal justice system benefits no one. When the system is defined by corruption, inconsistencies and dysfunction, the accused, victims and even prosecutors suffer undesirable consequences. In recent years, it has become apparent that even strong criminal defense...
Continue Reading“You have the right to remain silent.” While not all Americans understand that this sentence is the beginning of one’s Miranda rights, nearly all adult Americans understand that this right exists. Popular movies and television programs have taught the public that when you are arrested, you can refuse to speak to law enforcement until you have an attorney present....
Continue ReadingThe criminal justice system both serves to hold criminal offenders accountable for their behavior and to ensure that the rights of anyone accused or convicted of criminal behavior are respected. A long-recognized right of those forced to mount a formal criminal defense is that of double jeopardy protection. This right is critical, but is widely misunderstood. Double jeopardy protection...
Continue ReadingEvery major television network broadcasts programs centered on detectives, forensic experts and other professionals whose job responsibilities include solving crime and predicting criminal behavior. Certainly, law enforcement and other crime experts must engage in behavior analysis in order to do their jobs. But these programs tend to overly romanticize a very complex subject, as this sort of analysis can...
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