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Legal advices on Actus reus and mens rea in criminal defense

Overview of UCMJ Article 32 procedures in a military court martial
Post On Oct. 03, 2015

UCMJ Article 32 procedures in a military court martial are designed to give the accused due process rights, similar to a civilian grand jury or preliminary hearing. Overview Under the Fifth Amendment of the U.S. Constitution, a person has an express right to a Grand Jury indictment before they can b...

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Can federal charges be filed against me for non payment of payday loan?
Asked in Houston,  TX Mar. 26, 2015 ,  5 Answers

They said I closed my account in 2013 to avoid not paying. I never closed the account, it is still open. There is no money in it because I have another bank. I didn't like their service, they didn't have enough branches. I just never bothered to close it. The attorneys office said they mailed out co...

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Got a ticket from the Alabama Move Over Law
Asked in Daphne,  AL Aug. 28, 2014 ,  1 Answers

You can read the law here http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32-5A-58.2.htm I was in the right lane, going 40 miles per hour, and the speed limit is 55. It was night and up a inline. There was police officer on the right maybe 100 yards away when I saw him. I looked to t...

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What is the difference between charges 720 ILCS 570/402(c) vs 720 ILCS 5 16 -3(a)
Asked in Chicago,  IL Dec. 23, 2013 ,  4 Answers

what is the actus reus and mens rea differences?...

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What should I expect with a criminal mischief summons?
Asked in Denver,  CO Oct. 24, 2013 ,  7 Answers

I was just given a compliant for criminal mischief - under $500, for covering up gang graffiti on a phone pole and a dumpster with a magic marker (gangs are ruining my neighborhood and I was trying to cover up their tags). I have no priors and need to go to court in a month, what should I expect? Wi...

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7 Common Myths: Military Sexual Assaults (Article 120 UCMJ)
Post On Aug. 02, 2013

Military Sexual Assaults are a hot issue in Congress and with senior commanders. Not surprisingly, a lot of bad information has infected military culture. If you are a military member, you owe it to yourself to know the facts. 1. If some one says they are raped or sexually assaulted, they are tellin...

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Can a speeding ticket be fought on grounds of the spirit of the law and lacking mens rea?
Asked in Geneseo,  NY Jun. 09, 2013 ,  6 Answers

Got a speeding ticket when driving home from work at night. I know the road I was on, and was caught on radar doing 57 in a 30. The problem was that I knew the limit was going to turn to 55, but since it was dark I was not able to tell exactly where the posted sign was. And the police officer pulled...

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Questions about a 46 yr. old man having sex with a 15 yr. old girl
Asked in Florham Park,  NJ May 14, 2012 ,  3 Answers

If they first had sex four months after the girl turned fifteen when he was forty six, and it went on until two months after her sixteenth birthday when he was forty seven, does it count as statutory rape when she was sixteen if sixteen is legal in NJ? Does he get less of a punishment if she always ...

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Can an officer make an arrest without intent in an investigation
Asked in Northville,  NY Mar. 13, 2012 ,  5 Answers

I was arrested for a felony. I have a lawsuit against the person who filed charges. Can they arrest me without an intention to commit the crime....

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Can you be charged with stealing a vehicle if: you were given permission, given keys, etc?
Asked in New River,  AZ Feb. 25, 2012 ,  4 Answers

If you have keys/ permission BUT then owner reports vehicle "stolen"- Can you be charged?...

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Do You Need to Intend a DUI?
Post On Dec. 31, 2011

This is taken from a legal brief I submitted to the City of Seattle in 2010. At common law it was said that “to constitute a crime against human laws, there must be, first, a vitious will; and, secondly, an unlawful act consequent upon such a vitious will." State v. Eaton, 168 Wn.2d 476, 229 P.3d 70...

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How long does someone have to file charges for damaging someones property in texas?
Asked in Austin,  TX Jul. 26, 2011 ,  4 Answers

my friends son is accused of throwing a lighter at this mans motorcycle and scratching the paint my son said he didnt do it, but the guy said he would press charges if i dont pay him. he hasnt pressed charges yet and this happened four days ago. how long does he have to follow through with it? thank...

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Basic Guide to Maryland Drivers License Suspension and Revocation Hearings
Post On May 16, 2011

Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even r...

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Ohio Criminal Law Basics
Post On Mar. 09, 2011

Criminal law is one of the oldest of the major branches of law. It spells out rules of conduct for society to follow and provides for penalties when those rules are broken. The law also protects by shielding citizens from wrongful prosecutions and mistakes made by law enforcement officials, affordin...

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To Sleep or Not to Sleep?
Post On Feb. 01, 2010

DUI Ambien and "Sleep Driving" "Sleep driving" is defined by the FDA as "driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event." Ambien and other popular sleeping medications are sedative-hypnotic products that can cause this condition. Sleep drivi...

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I am been charge with abandonment and child neglect, what is you best advice for me?
Asked in Melbourne,  FL Sep. 01, 2009 ,  1 Answers

I left to work one day and i left my kids home alone thinking babysitter was running late, but she never showed. the point is someone call the police and DCF on me i got arrested got out on a bound, is being over 30 days and they cancel my arraigment day. i don't know what to do i don't know what is...

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