I Defended Myself From A Mugging; Now I Am Charged With A Crime In each of the 50 states, legal provisions are in place to allow citizens to defend themselves from unlawful attack by another. Self-defense is a legal right derived from the body of natural law upon which constitutional rights are based, but it comes with strict caveats. This subject area is endless with possibilities, nuances, and… Read More
Police Discretion in Arrest and Citation Police responding to a scene of reported criminal activity or responding in observance of in-view criminal activity are empowered with a measure of discretion in choosing whether to arrest or cite in response to criminal activity. In other words, police are not necessarily bound with the absolute mandate to arrest or write a ticket to… Read More
What is a Requisite Mental State for a Criminal Charge in Washington? Criminal charges contain elements. These elements are conditions that, in part, define prohibited behavior and must be satisfied in order for charges to lead to a conviction for any given set of actions carried out by a citizen. In other words, an element is a subcomponent of a criminal offense, and each element must be… Read More
Identifying Accused Criminals When a crime occurs, police become informed by citizens who call either 911 for emergencies, recently committed crimes, and crimes in progress, or who call non-emergency police numbers for cold crimes. When calls are received, trained police dispatchers gather information from the caller. When a crime is in progress or recently committed, dispatchers will ask… Read More
Criminal Driving Offenses Most people realize that while driving a car, failure to comply with traffic laws carries a risk of being pulled over and issued a citation. Receiving a traffic ticket is usually a minor event that involve less than two hundred dollars and possibly traffic school to prevent a conviction on one’s record. However, some do… Read More
Zero-Tolerance Policies Each of the 50 states has either statutes or common law rules providing that a person has the right to defend himself from unlawful attack by another. This is a reflection of the understanding of natural law which dictates that all people have the right to be secure in their persons and be free from… Read More
A Defendant’s Right to Counsel Each of the 50 states is empowered to create rights in excess of those already in place and guaranteed by the constitution, and which the United States Supreme Court does not recognize. Where to these rights come from, anyway? As the name implies, constitutional rights are derived from the United States Constitution and all of… Read More
Evidence Illegally Seized The Fourth Amendment to the Constitution of the United States provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place… Read More
Is Protesting Really Legal? The First Amendment to the Constitution guarantees the freedom of speech. In other words, the government cannot censor the expression of citizens. “Speech” goes beyond verbal language and includes print and other media as well. The right to peacefully assemble also arises out of the First Amendment. However, these rights are not absolute. A permit… Read More
Common Car Title Scams Mere possession of a car does not establish legal ownership. To legally own a car, the owner must also have the title properly assigned. When a consumer buys a new car at a dealership, the dealer usually completes the steps for title registration as a service and charges a fee for it. If purchasing a… Read More