Entering a guilty plea in court is a serious decision, and once sentencing is complete, withdrawing it can be challenging. However, there are situations where withdrawing a guilty plea after sentencing may be possible. Here are potential situations when you may be...
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Criminal Law
3 reasons to challenge field sobriety test results
Standardized field sobriety tests help police officers determine if a driver might be under the influence of drugs or alcohol. Police officers who suspect people of chemical intoxication may ask them to exit the vehicle and perform three different tests to gauge their...
Can you refuse a breathalyzer test?
If police stop you in New York on suspicion of driving under the influence (DUI), whether that be alcohol or drugs, you may be faced with a request from law enforcement to test you. Understanding what the laws say and the implications of refusing to submit to these...
3 potential consequences of health insurance fraud
Medical professionals often find that generating adequate revenue to keep a private practice solvent is difficult. Especially when a professional has started their own medical practice, they may have a difficult time generating the necessary revenue to pay for...
Are mental health issues mitigating factors in sentencing?
Sometimes, no matter how hard you try, a court case just won’t go your way. Conviction is inevitable. When that happens, the defense process turns toward mitigation – or an effort to sway the court towards leniency in its sentence based on different factors that tend...
3 reasons police officers can enter your home
In many situations, it’s illegal for police officers to enter your house without permission. Even if they want to come in and talk to you, they have to ask for your consent. You don’t have to give them that consent, and they can’t force their way into the house just...
Common mistakes made in criminal cases by police or prosecutors
Police officers and prosecutors are both technically agents of the state. They represent the government and have to follow the law. Not only do they need to avoid criminal activity, but they must also avoid violating the civil rights of individuals. Sometimes, police...
How can the police access information on your phone without physically possessing it?
You may know that police who are investigating a crime can request a warrant to search a person’s phone as part of that investigation. If the judge agrees they have sufficient reason they can then examine it for anything that might help them build their case. Yet you...
Recidivism and the revolving door of criminal justice
People sometimes claim that the criminal justice system does not serve anyone's needs effectively. There is some truth to that allegation. Whatever justice the courts can hand out after a crime is often a cold comfort to those negatively affected by criminal activity....
2 common examples of money laundering
When someone earns money via illegal means, the income that they generate is technically illegitimate. Thus, they need to “clean” that money before spending it, or it may be traced back to their wrongdoing. This is where money laundering comes in. Money laundering is...