The 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 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 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 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...
Continue ReadingIt is not uncommon for police tactics to cross over into entrapment territory. Various techniques used by police when making a drug crime arrest, sex crime arrest, or other arrest can quickly open the door to an entrapment defense. An experienced criminal defense attorney at Moses & Rooth can review your case and determine if you have been subject...
Continue ReadingOver the weekend I received a phone call from a colleague of mine asking if I could speak to his client. I’ll call this client Bob. Bob is a local business man, well respected in his industry, and has never been in any criminal trouble. This was probably the first time that Bob had spoken with a criminal attorney....
Continue Reading“Friends don’t let friends drive drunk,” a slogan of the Ad Council in the 1980s, has been used for comedy parities over and over again, but none the less holds a truth. There are a number of strategies to use when trying to stop a friend from drinking and driving. Nonetheless, we cannot always be there to stop our...
Continue ReadingPrescription drugs can be just as addicting as other drug substances and, if you are caught in possession of or selling them you may face serious consequences. More specifically, there can be severe penalties for the illegal sale of prescription drugs, even if you possessed the drugs legally in the first place. If you have been charged with the...
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