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NYC Theft Lawyers
|Last Updated on: 20th October 2023, 11:19 pm
There are many different types of theft crimes as per the law throughout the United States. One involves actual loss versus intended loss. It’s important to understand what this means.
Intent is one component of a theft crime, but it cannot be the only one. The actual action of the theft crime is also a part of it. If a person intends to commit a crime, yet fails in spite of trying, this alone is insufficient in actually being considered a crime. The action can only be completed if the individual takes the required steps to actually commit the theft or any other type of crime. There must be both a physical action and intent in order to complete a crime.
If a person is convicted of this crime, there are a number of penalties they can face. Those penalties largely depend on the specifics of the action taken. No matter what the situation, if you are arrested for committing a crime, you need an experienced attorney on your side to build a strong defense in your favor. It is the best chance you have at getting the charges against you reduced or even potentially dropped.
Elements of Loss
In order for a person to commit a crime, there must be two key elements in place: the intent to commit it and actually carry out a physical act to commit the crime. After the individual’s arrest and subsequent sentencing in court, to determine the penalties handed down, the court will consider the exact monetary amount that was stolen. In other words, the court will consider the actual financial loss instead of simply that which was intended in an embezzlement case.
For instance, a person may have intended to steal $1 million but only succeeded in stealing $100,000. Even if they intended to take a far greater amount of money than they ultimately stole, the actual loss comes into play and is the determining factor for the amount of prison the individual receives, as well as any other penalties handed down.
At the same time, it’s important to understand that if the defendant’s intent itself may also be counted as a crime. If they carry out certain steps to commit a crime and the intent is to commit embezzlement by stealing a specific amount of money, then the individual can also be charged with attempted embezzlement.
For example, if a person forges a check from another person but that individual catches on and puts a freeze on the check, the forger can still be charged with a crime. In other words, while the actual theft may not have been successful, the individual still had the intent to steal money from the other person. This would be considered a lesser charge, but at the same time, the person would still be charged with a felony if the amount of money they intended to steal was large.
Determining an Estimation of Loss
It should be known that ultimately, in an embezzlement case, the estimation of the intended loss is not as important as the actual amount of money that was lost. The defense attorney can argue that the prosecution may decide any financial amount they want without using any concrete evidence or the actual amount of money that was embezzled in the crime.
Just as with any other type of crime, there must be evidence in the case to back up that the crime actually occurred. It cannot simply be hearsay or an assumption of a specific amount of money that the defendant embezzled. This would equate to the District Attorney failing to provide the defense with proper notice of the nature and extent of the crimes with which they have been charged. The defense is legally entitled to the option of challenging the charge and making restitution.
While it is possible that a mere estimation can be proven beyond a reasonable doubt, it is usually relevant during the earlier stages of the case, specifically, during the investigation or arrest. Estimated loss is more important for bail purposes as it can set the stage for the prosecution being able to appeal to a judge so they can get enhanced bail for the defendant.
In addition, estimated loss is essentially irrelevant when the defense makes a plea. The prosecution will want an actual loss so that sentencing can be more appropriate. An attorney is unable to make restitution with an estimated loss. The defendant also cannot accept responsibility for an estimated loss. There must be a concrete dollar amount in place so the sentencing can be effective and appropriate.
Burden of Proof
After someone is charged with any theft crime, the prosecution must be able to prove that the crime occurred. This proof could be shown to a jury of the person’s peers or to a judge depending on the type of crime. One of the things that the prosecution will try to do and is tasked at doing if the case is to move forward is to show that you took items from another without the person’s permission. This is the simple definition of theft. If there is not enough evidence presented, then the case is usually dismissed. One of the things that the prosecution will try to do is show that you either did not know the person you took items from or took items without the person’s knowledge that the activity was occurring. The prosecution also has to prove the value amount of the items that were taken when the theft was committed.
Your attorney can describe the details surrounding the burden of proof that the prosecution needs to meet. If you can show your attorney evidence that you did not commit the crime, then a defense can be presented showing that you are not guilty of the charges. However, these details need to go against any details that the prosecution claims to be able to prove in court.
When the prosecution presents your case in court, it needs to show that there was an intent of some kind when the theft was committed. If you accidentally took something without intending to take it, then the prosecution would not be able to deliver the burden of proof needed in court. Another defense that you could discuss with your attorney is that you believed the items that you took were yours. If you have proof that the items are yours when you go to court, then you’ll usually be allowed to keep them without being charged with the theft of the items.
At times, the prosecution could prove that you added money to a bank account that wasn’t yours and that you were using or that you added money to an account that you didn’t set up in the proper manner. Another detail that the prosecution could show in court would be that there is an abnormal amount of spending on a credit card that circles back to possessions that you now own. Since there are specific details that need to be presented in court, your attorney needs to be able to examine all of the evidence while having a clear understanding of the laws in the state that surround theft. Your attorney can discuss possible defenses with you that could reduce your charges or have them dismissed if you’re able to show that you did not intentionally take the items that you’re accused of taking.
If you’re charged with theft or embezzlement, then the prosecution can offer various types of evidence to show that you intended to commit the crime. Examples of items that can be presented in court include invoices that have been changed, records of receipts and checks that have not been filed properly or that have been altered, and records of cash advances where the money has been deposited into an account that you own or that you have access to for withdrawing money. Once this evidence has been submitted, the prosecution will review the information and monitor details pertaining to accounts to see if there is any abnormal activity. The prosecution will also examine how much money is taken and where it’s going.
If there is no clear bank account involved, then the prosecution could ask to see credit card records, utility statements, or car records to determine where the money has been spent. If you are charged with taking money or items from someone, then these details will be presented in court before your attorney offers a defense as to whether you knew about the activity and your role in taking the money if you were involved. If there is someone else who has access to an account where money has been deposited, then your attorney can sometimes use that as a defense, negating the burden of proof offered by the prosecution in court.
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- New Jersey Section 2C:20-8 – Theft of services
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- Maintaining a Controlled Dangerous Substance Production Facility
- Marijuana Possession
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- Search and Seizure Overview
- Prescription Fraud Offense
- New Jersey Section 2C:20-38 – Penalty for theft of electronic vehicle identification system transponder.
- Prescription Theft Charges
- New Jersey Section 2C:21-1 – Forgery and Related Offenses
- Ritalin Offenses
- New Jersey Section 2C:21-2 – Criminal simulation
- Rohypnol (“Flunitrazepam”) Charges
- New Jersey Section 2C:21-2.1 – Offenses involving false government documents, degree of crime.
- New Jersey Section 2C:21-2.2 – Ban on police badge transfers
- Schedule of Controlled Dangerous Substances (“CDS”)
- New Jersey Section 2C:21-2.3 – Producing, selling, offering, displaying, possessing, fraudulent motor vehicle insurance ID cards; penalties
- Schedule I Controlled Dangerous Substances (“CDS”)
- New Jersey Section 2C:21-2.4 – Possession of certain fraudulent receipts, universal product code (UPC) labels and checks
- New Jersey Section 2C:21-3 – Frauds relating to public records and recordable instruments
- Schedule III Controlled Dangerous Substances (“CDS”)
- New Jersey Section 2C:21-4 – Falsifying or tampering with records
- New Jersey Section 2C:21-4.1 – Destruction, alteration, falsification of records, crime of fourth degree
- Schedule V Controlled Dangerous Substances (“CDS”)
- New Jersey Section 2C:21-4.2 – Definitions relative to health care claims fraud.
- Synthetic Marijuana
- Use or Being Under the Influence of Drugs
- New Jersey Section 2C:21-4.5 – Definitions relative to insurance fraud
- New Jersey Section 2C:21-4.6 – Crime of insurance fraud
- New Jersey Section 2C:35-5.3b – Crimes relative to synthetic cannabinoid; degree.
- New Jersey LSD Possession Lawyers
- New Jersey Section 2C:21-4.8 – Motor vehicle title offenses, grading.
- New Jersey Section 2C:35-10.3a – Criminalization, degree of crime.
- Persistent Violator License Suspensions (Accumulation of Points)
- Bias Intimidation Offense in New Jersey
- New Jersey Section 2C:21-6.1 – Definitions relative to scanning devices, reencoders; criminal use, degree of crime.
- Creating False Public Alarm
- New Jersey Section 2C:21-7 – Deceptive business practices
- New Jersey Section 2C:21-7.2 – Definitions
- Point Pleasant Disorderly Conduct
- New Jersey Section 2C:21-7.3 – False representation
- New Jersey Section 2C:21-7.4 – Disorderly persons offense
- New Jersey Section 2C:21-8 – Misrepresentation of mileage of motor vehicle
- New Jersey Section 2C:21-8.1 – Definition; determination of degree of offense
- New Jersey Section 2C:21-9 – Misconduct by corporate official
- New Jersey Drug Induced Death Defense Lawyer
- New Jersey Section 2C:21-10 – Commercial bribery and breach of duty to act disinterestedly
- New Jersey Section 2C:21-12 – Defrauding secured creditors
- Understanding Assault Charges Involving Police Officers and Public Employees in New Jersey
- New Jersey Section 2C:21-13 – Fraud in insolvency
- New Jersey Section 2C:21-14 – Receiving deposits in a failing financial institution
- Domestic Aggravated Assault Involving Strangulation NJ
- New Jersey Section 2C:21-15 – Misapplication of entrusted property and property of government or financial institution
- New Jersey Section 2C:21-16 – Securing execution of documents by deception
- New Jersey Section 2C:21-17.1 – Restitution to victim of unlawful use of personal identifying information.
- New Jersey Simple Assault Attorney
- New Jersey Section 2C:21-17.2 – Use of personal identifying information of another, certain; second degree crime.
- Disarming Police or Law Enforcement Officer
- New Jersey Section 2C:21-17.4 – Action by person defrauded by unauthorized use of personal identifying information.
- New Jersey Section 2C:21-17.5 – Deletion of certain items from victim’s consumer reporting files.
- Charged With Domestic Violence: What You Need to Know
- New Jersey Section 2C:21-17.6 – Report of identity theft to local law enforcement agency.
- New Jersey Section 2C:21-18 – Slugs
- Is Domestic Violence a Misdemeanor or a Felony in New Jersey?
- New Jersey Section 2C:21-21 – Short title; definitions; offenses; penalties.
- Third Degree Domestic Violence
- New Jersey Section 2C:21-22 – Unauthorized practice of law, penalties.
- What is Domestic Violence?
- New Jersey Section 2C:21-22a – Civil actions resulting from the unauthorized practice of law.
- Hindering Apprehension or Prosecution
- New Jersey Section 2C:21-22.1 – Definitions relative to use of runners; crime; sentencing.
- NJ Case Law: Disorderly Persons Charge of Resisting Arrest
- New Jersey Section 2C:21-24 – Definitions
- NJ Case Law: Resisting an Illegal Arrest
- New Jersey Section 2C:21-25 – Money laundering, illegal investment, crime.
- Resisting Arrest Offense
- New Jersey Section 2C:21-27 – Degrees of offense; penalties; nonmerger.
- New Jersey Section 2C:21-27.1 – Criteria for imposition of anti-money laundering profiteering penalty.
- New Jersey Section 2C:21-27.2 – Calculation of anti-money laundering profiteering penalty.
- New Jersey Section 2C:21-27.3 – Revocation or reduction of penalty assessment.
- Certain Person in Possession of a Firearm or Weapon
- New Jersey Section 2C:21-27.4 – Payment schedule.
- New Jersey Section 2C:21-27.5 – Relation to other dispositions.
- Extreme Risk Protective Orders
- New Jersey Section 2C:21-27.6 – Collection and distribution.
- Florida Gun Owner Charged With Possession of an Illegal Handgun in New Jersey
- New Jersey Section 2C:21-28 – Civil action for treble damages; allocation
- Georgia Handgun Owner Arrested For Having An Illegal Firearm In New Jersey
- New Jersey Section 2C:21-29 – Investigative interrogatives
- New Jersey Section 2C:21-41 – Regulations.
- How To Obtain a Graves Act Waiver
- New Jersey Section 2C:21-31 – Unauthorized practice of immigration law; penalties.
- Seeking a Graves Act Waiver or Pretrial Intervention for Out of State Residents
- New Jersey Section 2C:21-32 – Short title; definitions relative to counterfeit marks; offenses.
- How to Obtain Pretrial Intervention (“PTI”) In A NJ Gun Case
- New Jersey Section 2C:21-33 – Electrical contracting without business permit, fourth degree crime.
- New Jersey Section 2C:21-34 – Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading.
- New Jersey Section 2C:21-35 – False public utility employee identification badge, violations, degree of crime.
- New Jersey Section 2C:21-37 – Requirements for reselling of secondhand jewelry.
- New Jersey Section 2C:21-38 – Requisite knowledge, belief for violation.
- New Jersey Section 2C:21-39 – Report by purchaser.
- Possession Of a Firearm During Commission of a CDS Offense
- New Jersey Section 2C:22-1 – Disturbing, desecrating human remains; offenses.
- Possession of a Firearm for an Unlawful Purpose
- New Jersey Section 2C:22-2 – Disposition of body parts, criminal penalties imposed for certain offenses.
- Possession of a Weapon in a Motor Vehicle
- New Jersey Division of Motor Vehicles Information
- New Jersey Section 2C:24-1 – Bigamy
- New Jersey Section 2C:24-4 – Endangering welfare of children.
- Possession of an Illegal or Prohibited Weapon
- New Jersey Section 2C:24-5 – Willful nonsupport
- Possession of an Illegal Rifle or Shotgun
- New Jersey Section 2C:24-6 – Unlawful adoptions
- Unlawful Possession of a Handgun
- New Jersey Section 2C:24-7 – Endangering the welfare of an incompetent person
- Unlawful Possession of a Weapon
- New Jersey Section 2C:24-8 – Abandonment, neglect of elderly person, disabled adult; third degree crime
- New Jersey Section 2C:24-9 – Use of 17-year-old or younger to commit criminal offense; crime.
- New Jersey Section 2C:25-17
- Possession of Weapon for Unlawful Purposes
- New Jersey Section 2C:25-19 – Definitions
- Age of Consent in New Jersey
- Endangering the Welfare of a Child
- New Jersey Juvenile Sex Offender and Megan’s Law
- New Jersey Section 2C:25-21.1 – Rules, regulations concerning weapons prohibitions and domestic violence.
- Key Terms In New Jersey Sex Crimes Cases
- New Jersey Section 2C:25-22 – Immunity from civil liability
- New Jersey Aggravated Criminal Sexual Contact Defense Lawyer
- New Jersey Charge for Exposing Obscenity to a Juvenile
- New Jersey Child Molestation Charges
- New Jersey Distribution Of Child Pornography Defense Attorney
- New Jersey Invasion of Privacy Defense Lawyers
- New Jersey Section 2C:25-26.1 – Notification of victim of release of defendant
- New Jersey Luring a Minor Defense Lawyers
- New Jersey Section 2C:25-27 – Conditions of sentencing of defendant found guilty of domestic violence.
- New Jersey Possession of Child Pornography Defense Lawyer
- New Jersey Section 2C:25-28 – Filing complaint alleging domestic violence in Family Part; proceeding.
- New Jersey Section 2C:25-28.1 – In-house restraining order prohibited
- New Jersey Section 2C:25-29 – Hearing procedure; relief.
- NJ Aggravated Sexual Assault Attorney
- New Jersey Section 2C:25-29.1 – Civil penalty for certain domestic violence offenders.
- NJ Human Trafficking Defense Attorney
- NJ Public Display or Communication of Obscenity
- Parole Supervision for Life
- New Jersey Section 2C:25-29.4 – Surcharge for domestic violence offender to fund grants.
- Statutory Rape Charge in New Jersey
- Criminal Sexual Contact
- New Jersey Section 2C:25-31 – Contempt, law enforcement procedures.
- Failure to Register as a Sex Offender
- New Jersey Section 2C:25-32 – Alleged contempt, complainant’s procedure
- Megan’s Law Tier Classification Appeal
- Motion to be Removed from Megan’s Law
- New Jersey Section 2C:43-2.3 – Orders for certain serological testing required under certain circumstances
- New Jersey Section 2C:27-3 – Threats and other improper influence in official and political matters
- Bribery Of Public Officials And Witnesses 18 USC Section 201
- New Jersey Section 2C:27-5 – Retaliation for past official action
- Embezzlement, Theft, Or Misapplication By A Bank Officer Or Employee 18 USC Section 656
- False Statements On ATF Forms Or During Purchase Of Firearms 18 USC Section 922(a)(6)
- New Jersey Section 2C:27-10 – Acceptance or receipt of unlawful benefit by public servant for official behavior.
- New Jersey Section 2C:27-11 – Offer of unlawful benefit to public servant for official behavior.
- New Jersey Section 2C:27-12 – Crime of corruption of public resources; grading.
- Federal Blackmail 18 USC Section 873
- New Jersey Section 2C:28-1 – Perjury
- New Jersey Section 2C:28-2 – False swearing
- Federal Fake ID 18 USC Section 1028
- New Jersey Section 2C:28-3 – Unsworn falsification to authorities
- New Jersey Section 2C:28-4 – False reports to law enforcement authorities
- New Jersey Section 2C:28-5 – Tampering with witnesses and informants; retaliation against them.
- New Jersey Section 2C:28-5.1 – Witness, victim protective orders
- New Jersey Section 2C:28-5.2 – Penalties for violations
- New Jersey Section 2C:28-5.3 – Moving parties
- New Jersey Section 2C:28-5.4 – Standard for issuance
- New Jersey Section 2C:28-5.5 – No interference with defense preparation
- Felon In Possession Of A Firearm 18 USC Section 922(g)(1)
- Illegal Importation Of Firearms 18 USC Section 922(l)
- New Jersey Section 2C:28-7 – Tampering with public records or information
- New Jersey Section 2C:28-8 – Impersonating a public servant or law enforcement officer.
- Possessing A Firearm In Furtherance Of A Violent Crime Or Drug-Trafficking Crime USC 18 Section 924(c)
- New Jersey Section 2C:29-1 – Obstructing administration of law or other governmental function
- Possession Of A Stolen Firearm 18 USC Section 922(j)
- New Jersey Section 2C:29-2 – Resisting arrest, eluding officer
- New Jersey Section 2C:43-7.2 – Mandatory service of 85% of sentence for certain offenses.
- Sale Or Receipt Of Stolen Securities, Money, Or Goods 18 USC Section 2315
- New Jersey Section 2C:29-3.1 – Animal owned, used by law enforcement agency, search and rescue dog, infliction of harm upon, interference with officer, degree of crime, penalties.
- Sale Or Receipt Of Stolen Vehicle 18 USC Section 2313
- New Jersey Section 2C:29-4 – Compounding
- Gunnison Beach Lewdness Attorney
- New Jersey Section 2C:29-5 – Escape
- Trafficking In Counterfeit Goods Or Services 18 USC Section 2320
- Transportation Of Stolen Vehicle 18 USC Section 2312
- New Jersey Section 2C:29-8.1 – Prohibited juror contact
- New Jersey Section 2C:29-9 – Contempt.
- Unlawful Sale Or Disposition Of Firearms 18 USC Section 922(a)
- New Jersey Section 2C:29-10 – Definitions relative to use of certain electronic communication devices in correctional facilities; possession, use, sale, crimes, certain.
- Unlawful Transportation Of Firearms 18 USC Section 922(e)
- New Jersey Section 2C:29-11 – Refusal to allow blood, biological sample to be drawn; fourth degree crime.
- Unlicensed Firearms Dealing 18 USC Section 922(a)(1)(A)
- Criminal Offenses Committed on Federal Property
- New Jersey Section 2C:30-2 – Official misconduct
- New Jersey Section 2C:30-3 – Speculating or wagering on official action or information
- Possession of a Handgun at a Federal Facility
- New Jersey Section 2C:30-4 – Disbursing moneys, incurring obligations in excess of appropriations
- New Jersey Section 2C:30-5 – Findings, declarations relative to deprivation of civil rights by public officials
- New Jersey Section 2C:30-6 – Crime of official deprivation of civil rights
- New Jersey Section 2C:30-7 – Crime of pattern of official misconduct
- DWI vs. DUI in New Jersey
- New Jersey Section 2C:30-8 –
- New Jersey DWI / DUI Penalties
- New Jersey Section 2C:33-1 – Riot; failure to disperse
- New Jersey Open Container Law
- New Jersey Section 2C:33-2 – Disorderly conduct
- New Jersey Section 2C:33-2.1 –
- The Best DWI Defense Strategies
- Drug Recognition Expert
- New Jersey Section 2C:33-3.1 – Penalties for juvenile violating N.J.S.2C:33-3.
- New Jersey Section 2C:33-3.2 – Fines for violation of N.J.S.2C:33-3.
- Ambien & Sleeping Pill DWI
- New Jersey Section 2C:33-4 – Harassment.
- Intoxicated Drivers Resource Center (IDRC)
- New Jersey Section 2C:33-7 – Obstructing highways and other public passages
- New Jersey Section 2C:33-8 – Disrupting meetings and processions
- New Jersey Section 2C:33-8.1 – Definitions relative to disruption of funerals, violations, disorderly persons offense.
- New Jersey Section 2C:33-9 – Desecration of venerated objects
- New Jersey Juvenile Eluding an Officer Charge
- New Jersey Section 2C:33-11 – Defacement of private property, crime of fourth degree; act of graffiti, additional penalty
- DWI With Minor In Vehicle
- New Jersey Section 2C:33-11.1 – Certain actions relevant to evictions, disorderly persons offense.
- New Jersey Section 2C:33-12 – Maintaining a nuisance
- New Jersey Section 2C:33-12.1 – Abating nuisance
- New Jersey DUI Sentencing & the 10 Year Step-Down
- New Jersey Section 2C:33-12.2 – Sexually oriented business, nuisance; crime
- New Jersey Section 2C:33-13.1 – Sale of cigarettes, electronic smoking devices to persons under age 19, petty disorderly persons offense.
- Administrative Suspension for Out-of-State Refusal Conviction
- New Jersey Section 2C:33-14 – Interference with transportation.
- New Jersey Section 2C:33-15 – Possession, consumption of alcoholic beverages by persons under legal age; penalty.
- DUI for Prescription Drugs Defense Lawyers
- New Jersey Section 2C:33-17 – Availability of alcoholic beverages to underaged, offenses
- New Jersey Section 2C:33-20 – Use of remotely activated paging device during commission of certain crimes is a crime of fourth degree
- New Jersey Section 2C:33-21 – Interception or use of official communications.
- Refusal of Breathalyzer in NJ
- New Jersey Section 2C:33-22 – Possession of emergency communications receiver
- Ways To Avoid Breath Test Reading in New Jersey
- Breathalyzer Calibration
- New Jersey Section 2C:33-23.1 – License required for certain radio transmissions.
- Infrared Technology Adopted to Measure BAC in New Jersey & Elsewhere
- New Jersey Section 2C:33-23.2 – Violations, fourth degree crime.
- Breath Test Results Within Acceptable Tolerance
- New Jersey Section 2C:33-24 – Definitions
- Breath Samples Taken Within Reasonable Time of Operation
- New Jersey Section 2C:33-25 – Warning sign required for sale of spray paint; violations, penalties
- New Jersey Section 2C:33-26 – Sale of motor vehicles on Sunday; exemption.
- NJ Criminal Mischief Case Law: State V. Tonnisen
- Minimum Breath Volume Requirement
- New Jersey Section 2C:33-28 – Solicitation, recruitment to join criminal street gang; crime, degrees, sentencing.
- Defendant Refuses to Provide a Breath Sample
- New Jersey Section 2C:33-29 – Crime of gang criminality
- Blood Alcohol Content (BAC) & The Alcohol Influence Report
- New Jersey Section 2C:33-30 – Crime of promotion of organized street crime; grading of offense.
- Breath Test in Proper Working Order
- New Jersey Section 2C:34-1 – Prostitution and related offenses.
- New Jersey Section 2C:34-1.1 – Loitering for the purpose of engaging in prostitution
- Procedures for Taking Breath Samples
- Field Sobriety Tests
- New Jersey Section 2C:34-2 – Obscenity for persons 18 years of age or older
- Ways to Challenge Field Sobriety Testing
- New Jersey Section 2C:34-3.1 – Retailer defined
- Defendant Has Been Injured: Police Blood Samples
- New Jersey Section 2C:34-3.2 – Display of obscene material
- Defendant Has Been Injured: Hospital Blood Samples
- New Jersey Section 2C:34-4 – Public communication of obscenity
- Defendant’s Blood Alcohol Content is Dangerously Low: Suspected Narcotic Involvement
- Defendant’s Blood Alcohol Content is Dangerously High
- New Jersey Section 2C:34-6 – Definitions
- Federal DWI Offense in New Jersey
- New Jersey Section 2C:35-1 – Short Title
- Operating a Commercial Vehicle While Intoxicated
- New Jersey Section 2C:35-1.1 – Declaration of policy and legislative findings
- DWI Arrest Without a Warrant
- New Jersey Section 2C:35-1.2 – Reference to Code of Criminal Justice
- Miranda Issues in New Jersey DUI Cases
- New Jersey Section 2C:35-2 – Definitions.
- New Jersey Section 2C:35-3 – Leader of Narcotics Trafficking Network
- New Jersey Section 2C:35-4 – Maintaining or operating a controlled dangerous substance production facility
- NJSA Point Schedule
- New Jersey Section 2C:35-4.1 – Booby traps in manufacturing or distribution facilities; fortified premises
- New Jersey Section 2C:35-5 – Manufacturing, distributing or dispensing
- New Jersey Section 2C:35-5.2 – Manufacturing, etc. gamma hydroxybutyrate; penalties
- New Jersey Section 2C:35-5.3 – Manufacturing, etc. flunitrazepam; penalties
- Operating Under the Influence
- New Jersey Section 2C:35-5.3a – Criminalization, degree of crime.
- New Jersey Section 2C:35-5.3c – Obtaining, possessing synthetic cannabinoid; degree of crime.
- Rule Governing Post-Conviction Relief in Drinking and Driving
- Curing or Correcting a Refusal
- New Jersey Section 2C:35-5.4 – Short title.
- Failure to Complete Test and/or Provide Sufficient Samples
- New Jersey Section 2C:35-5.6 – Definitions relative to removal, restraint of certain offenders
- Driving Under the Influence of Narcotic: State v. DiCarlo
- New Jersey Section 2C:35-5.8 – Violations, penalties.
- Probable Cause to Believe Accused Operated While Intoxicated
- New Jersey Section 2C:35-5.10 – Discretion to not seek restraining order
- New Jersey Section 2C:35-5.11 – Drug enforcement and demand reduction penalty doubled for certain offenses.
- Unable to Perform Because of Illness, Injury or Severe Intoxication
- New Jersey Section 2C:44-1 – Criteria for withholding or imposing sentence of imprisonment.
- Charged With DWI Following Equipment Violation Stop
- New Jersey Section 2C:35-7.1 – Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined
- Community Caretaker Function
- New Jersey Section 2C:35-8 – Distribution to persons under age 18; enhanced punishment
- Justification for a DWI Stop
- New Jersey Section 2C:35-9 – Strict Liability for Drug-Induced Deaths
- New Jersey Section 2C:35-10 – Possession, use or being under the influence, or failure to make lawful disposition
- Important NJ DWI Cases
- New Jersey Section 2C:35-10.2 – Possession, etc. of gamma hydroxybutyrate; penalties
- New Jersey Section 2C:35-10.3 – Possession, etc. of flunitrazepam; penalties
- Probable Cause to Stop Case – Delaware v. Prouse
- Delaware V Prouse Continued
- New Jersey Section 2C:35-10.4 – Toxic chemicals.
- New Jersey Section 2C:35-10.5 – Prescription legend drugs.
- Random Motor Vehicle Stops – State v. Carpentieri
- New Jersey Section 2C:35-11 – Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties
- State V Carpentieri Continued
- New Jersey Section 2C:35-12 – Waiver of Mandatory Minimum and Extended Terms.
- Stop Based on Results of Onboard Computer Database Search – State v. Pitcher
- New Jersey Section 2C:35-13 – Obtaining by fraud
- Warrantless Search of Automobile for Identification
- Operation Under N.J.S.A. 39:4-50: State v. Daly
- Intent to Operate – State v. Mulcahy
- New Jersey Section 2C:35-14.2 – Sentence of special probation for certain defendants.
- State V Mulcahy Continued
- Car Not Drivable & Operation Requirement – State v. DiFrancisco
- New Jersey Section 2C:35-14.3 – Phase-in of implementation of provisions of law relative to special probation.
- Detention & Interrogation of Motorist – State v. Pegeese
- New Jersey Section 2C:35-15 – Mandatory drug enforcement and demand reduction penalties; collection; disposition; suspension.
- Fourth Degree Shoplifting
- New Jersey Section 2C:35-16 – Forfeiture or postponement of driving privileges.
- New Jersey Section 2C:35-16.1 – Notification to landlord of offenses committed by tenant under
- Proof of Operation for Refusal – State v. Wright
- Licensing of New Jersey Commercial Drivers & Operators
- New Jersey Section 2C:35-17 – Exception to physician-patient privilege
- Driving Under the Influence of Drugs – State v. Tamburro
- New Jersey Section 2C:35-18 – Exemption, burden of proof.
- New Jersey Section 2C:35-19 – Laboratory certificates; use; admission into evidence; objections
- Operating Under the Influence of Marijuana: State v. Bealor
- Admissibility of Blood Test Results – State v. Dyal
- New Jersey Section 2C:35-20 – Forensic laboratory fees
- New Jersey Section 2C:52-7 – Petition for expungement
- State V Ravotto Continued
- Search Incident to Arrest
- State V Kirk Continued
- Constitutional Rights & Roadblocks – State v. Moskal
- New Jersey Section 2C:35-25 – Sale restrictions for ephedrine products; disorderly persons offense.
- New Jersey Section 2C:35-26 – Reporting requirement for ephedrine products.
- Refusal Conviction Following a Prior DWI – State v. DiSomma
- New Jersey Section 2C:35-27 – Permissive inference concerning possession of ephedrine products.
- New Jersey Section 2C:35-28 – Unlawful possession of precursors; manufacturing methamphetamine; crime of second degree.
- Factual Basis for a Plea & Post Conviction Relief – State v. Barboza
- New Jersey Section 2C:35-29 – Definitions relative to industrial use of certain chemicals; not deemed a CDS, certain; inferences.
- New Jersey Section 2C:35-30 – Immunity from liability, certain circumstances, for persons seeking medical assistance for someone experiencing a drug overdose.
- Traffic Offenses
- Weights & Measures Violations
- Driving While Suspended/Revoked
- New Jersey Section 2C:35A-1 – Short Title.
- Driving Without Insurance
- New Jersey Section 2C:35A-2 – Declaration of Policy and Legislative Findings.
- Eluding Case Law in New Jersey: State v. Mendez
- New Jersey Section 2C:35A-3 – Criteria for imposition of anti-drug profiteering penality
- Eluding Charges
- New Jersey Section 2C:35A-4 – Calculation of anti-drug profiteering penalty
- Eluding Statute in New Jersey: N.J.S.A. 2C:29-2
- New Jersey Section 2C:35A-5 – Revocation or Reduction of Penalty Assessment.
- Failure to Report an Accident
- New Jersey Section 2C:35A-6 – Payment Schedule.
- Failure to Stop
- New Jersey Section 2C:35A-7 – Relation to Other Dispositions.
- Insurance Surcharges
- New Jersey Section 2C:35A-8 – Collection and Distribution.
- Leaving the Scene of an Accident
- New Jersey Section 2C:35B-1 – Short title
- License Suspension Hearing
- New Jersey Section 2C:35B-2 – Findings, declarations regarding civil actions against drug dealers
- New Jersey Section 2C:35B-3 – Definitions regarding civil actions against drug dealers
- New Jersey Section 2C:35B-4 – Liability of illegal marketer of controlled dangerous substances
- West Long Branch DWI
- New Jersey Section 2C:35B-5 – Action for damages; plaintiffs, offenses
- Probation Period Violation Suspensions
- New Jersey Section 2C:35B-6 – Controlled dangerous substance individual user; conditions to bring an action
- Receiving a Scheduled Suspension Notice from the NJ MVC
- License Suspension/Revocation
- New Jersey Section 2C:35B-7 – No third party damage payments; assignment of cause of action restricted
- Abandonment of a Motor Vehicle Under N.J.S.A. 39:4-56.5
- New Jersey Section 2C:35B-8 – Damage table
- Accidents Resulting in Death or Serious Injury of Another
- New Jersey Section 2C:35B-9 – Joint actions
- Careless Driving With an Accident License Suspensions
- New Jersey Section 2C:35B-10 – Comparative responsibility governing action
- Driving While Suspended: Fines, Suspensions and Jail Time
- New Jersey Section 2C:35B-11 – Right of action for contribution
- Falsifying a Driver’s License Application
- New Jersey Section 2C:35B-12 – Proof of liability; prima facie evidence
- License Suspension Due to Physical or Mental Disqualification
- New Jersey Section 2C:35B-13 – Ex parte prejudgment attachment order
- License Suspension for Failure to Comply with IDRC Countermeasures
- New Jersey Section 2C:35B-14 – Cause of action, accrual; statute of limitations on claim
- New Jersey Section 2C:35B-15 – Stay of action pending criminal action
- NJ License Suspension for Possession or Use of a Controlled Dangerous Substance
- New Jersey Section 2C:35B-16 – Satisfaction of judgment after other fines, penalties, etc.
- Out-of-State DWI Suspensions and NJ License Holders – FAQs
- New Jersey Section 2C:35B-17 – Nonapplicability of act
- Speeding Ticket License Suspensions (High Rate of Speed)
- New Jersey Section 2C:36-1 – Drug paraphernalia, defined; determination.
- MVC/DMV Surcharges
- New Jersey Section 2C:36-2 – Use or possession with intent to use, disorderly persons offense.
- New Jersey Section 2C:36-3 – Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree.
- New Jersey License Restoration
- New Jersey Section 2C:36-4 – Advertising to promote sale, crime of fourth degree
- New Jersey Section 2C:36-5 – Delivering drug paraphernalia to person under 18 years of age, crime of third degree
- Failure to Appear Suspensions and License Holds
- New Jersey Section 2C:36-6 – Possession or distribution of hypodermic syringe or needle
- New Jersey Speeding Charges & Tickets
- New Jersey Section 2C:36-6.1 – Discarding hypodermic needle or syringe.
- Out-of-State Drivers
- Possession of Drugs
- New Jersey Section 2C:36-6.3 – Affirmative defense to criminal action, construction of act.
- Reckless Driving
- New Jersey Section 2C:36-7 – Seizure in violation of Chapter
- New Jersey Section 2C:36-8 – Severability
- Unlicensed Drivers
- New Jersey Cellphone Ticket
- New Jersey Section 2C:36-9 – Pending Cases
- New Jersey Section 2C:52-6 – Arrests not resulting in conviction
- New Jersey Section 2C:36A-1 – Conditional discharge for certain first offenses; expunging of records.
- New Jersey Section 2C:37-1 – Definitions
- Providing Alcohol to Minors
- New Jersey Section 2C:37-2 – Promoting gambling
- Juvenile Defense
- New Jersey Section 2C:37-3 – Possession of gambling records
- Assault Crimes
- New Jersey Section 2C:37-4 – Maintenance of a gambling resort
- Bullying Law in New Jersey
- New Jersey Section 2C:37-4.1 – Shipboard gambling, crime; grading; exception
- Burlington County
- New Jersey Section 2C:37-5 – Gambling offenses; presumption
- Camden County
- New Jersey Section 2C:37-6 – Lottery offenses; no defense
- Can a Minor Be Charged With a Hate Crime?
- New Jersey Section 2C:37-7 – Possession of a gambling device
- Criminal Mischief & Vandalism
- New Jersey Section 2C:37-8 – Gambling offenses; jurisdiction
- Do Children Have Rights?
- New Jersey Section 2C:37-9 – Nonapplicability
- Drug Charges
- Elizabeth NJ Juvenile Defense Lawyer
- New Jersey Section 2C:38-2 – Crime of terrorism; definitions.
- Essex County
- New Jersey Section 2C:38-3 – Producing or possessing chemical weapons, biological agents or nuclear or radiological devices; definitions.
- Expungement of a Juvenile Record
- New Jersey Section 2C:38-4 – Hindering apprehension or prosecution for terrorism.
- New Jersey Section 2C:38-5 – Soliciting or providing material support or resources for terrorism
- NJ Probationary or Graduated Drivers
- Grading New Jersey Juvenile Crimes
- New Jersey Section 2C:39-1 – Definitions.
- New Jersey Section 2C:39-2 – Presumptions
- Jersey City Juvenile Defense Lawyer
- New Jersey Section 2C:39-3 – Prohibited weapons and devices
- Juvenile Aggravated Assault Charges
- New Jersey Section 2C:39-4 – Possession of weapons for unlawful purposes.
- Juvenile Assault Offenses
- New Jersey Section 2C:39-4.1 – Weapons; controlled dangerous substances and other offenses, penalties.
- Juvenile Burglary
- New Jersey Section 2C:39-5 – Unlawful possession of weapons.
- Juvenile Charged with Fake ID
- New Jersey Section 2C:39-6 – Exemptions.
- New Jersey Section 2C:39-7 – Certain persons not to have weapons.
- NJ Juvenile Drug Distribution Defense Lawyers
- Juvenile Harassment Charges
- New Jersey Section 2C:39-9.1 – Sale of knives to minors; crime of the fourth degree; exceptions
- Juvenile Marijuana Offenses
- New Jersey Section 2C:39-11 – Pawnbrokers; loaning on firearms
- Juvenile Possession of B-B Guns and Paintball Guns
- New Jersey Section 2C:39-12 – Voluntary surrender
- Juvenile Robbery Offenses
- New Jersey Section 2C:39-13 – Unlawful use of body vests
- Juvenile Shoplifting Offenses
- New Jersey Section 2C:39-14 – 2nd degree crimes
- Juvenile Simple Assault Charge
- Juvenile Terroristic Threats in NJ
- New Jersey Section 2C:39-16 –
- Juvenile Theft Charges
- New Jersey Section 2C:40-1 – Creating a hazard
- Juvenile Trespass Offenses
- New Jersey Section 2C:40-2 – Refusing to yield a party line
- New Jersey Section 2C:40-3 – Hazing; aggravated hazing
- Juvenile Weapon Possession Charge
- Mercer County
- New Jersey Section 2C:40-5 – Conduct constituting offense may be prosecuted under other provisions of Title 2C
- New Jersey Section 2C:40-6 – Definitions
- Monmouth County
- New Jersey Section 2C:40-7 – Portable, oil-burning heating devices; certificate of evaluation by test of safety prior to sale, offer for sale or use
- Morris County
- New Jersey Section 2C:40-8 – Label cautioning and informing user
- New Brunswick NJ Juvenile Defense Lawyer
- New Jersey Section 2C:40-9 – Inclusion of instructions concerning proper and safe maintenance and operation
- New Jersey Section 2C:40-10 – Construction requirements
- NJ Juvenile Charged with Arson
- Ocean County
- New Jersey Section 2C:40-12 – Carbon monoxide limitations
- New Jersey Section 2C:40-13 – Posting of sign at point of sale or display of prohibition of use in multiple dwellings or in residences in certain municipalities
- New Jersey Section 2C:40-14 – Regulations
- Somerset County
- New Jersey Section 2C:58-6.1 – Possession of firearms by minors; exceptions
- Somerset County Juvenile Defense Lawyer
- New Jersey Section 2C:40-16 – Definitions.
- Theft Offenses
- New Jersey Section 2C:40-17 – Tampering, degree of offense; sentencing requirements.
- Toms River Juvenile Defense Lawyer
- Beach Haven DWI Lawyer
- New Jersey Section 2C:40-18 – Violation of law intended to protect public health and safety; grading
- New Jersey Section 2C:40-19 – Consumer products; unauthorized writing, offense.
- Trenton Juvenile Defense Lawyer
- New Jersey Section 2C:40-20 – Use of certain cable, wire devices; fourth degree crime
- Underage Possession & Consumption of Alcohol Charges
- New Jersey Section 2C:40-21 – Tattooing of a minor; parental permission, required
- New Jersey Section 2C:40-22 – Penalty for causing death or injury while driving in violation of R.S.39:3-40 or unlicensed.
- New Jersey Section 2C:40-23 – Production, delivery of ignition key, documentation required
- Weapons Offenses
- Juvenile in Custody & Detention
- New Jersey Section 2C:40-25 – Persons permitted to dispense contact lenses; violations, fines, penalties.
- New Jersey Section 2C:40-26 – Operating motor vehicle during period of license suspension, fourth degree crime.
- NJ Juvenile Conference Committees
- New Jersey Section 2C:40A-1 – Employer requiring lie detector test
- Overview of New Jersey Juvenile Delinquency Law
- Questioning, Interrogation & Confessions of Juveniles
- New Jersey Section 2C:40A-3 – Wrongful discharge of employee
- New Jersey Section 2C:40A-5 – Additional penalty for attorneys; grade of offense.
- Underage Gambling
- New Jersey Section 2C:41-1 – Definitions.
- New Jersey Section 2C:41-1.1 – Declaration of policy and legislative findings
- Criminal Mischief Offense
- New Jersey Section 2C:41-2 – Prohibited activities
- New Jersey Section 2C:41-3 – Criminal penalties.
- NJ Criminal Mischief Law
- New Jersey Section 2C:41-4 – Civil remedies
- New Jersey Section 2C:41-5 – Investigative interrogatories
- New Jersey Section 2C:41-6 – Liberal construction
- Identity Theft Defense Attorney in New Jersey
- New Jersey Section 2C:41-6.1 – Remedies cumulative
- New Jersey Auto Theft Defense Attorney
- New Jersey Section 2C:41-6.2 – Severability
- New Jersey Section 2C:43-1 – Degrees of crimes
- Receiving Stolen Property Attorney in New Jersey
- New Jersey Robbery Defense Attorney: Understanding Robbery Penalties
- New Jersey Section 2C:43-2 – Sentence in accordance with code; authorized dispositions.
- New Jersey Section 2C:43-2.1 – Motor vehicle theft or unlawful taking; restitution
- NJ Shoplifting Charges
- Diversion, Dismissal & Downgrading
- Misdemeanor Shoplifting
- New Jersey Section 2C:43-3 – Fines and restitutions
- New Jersey Section 2C:43-3.1 – Victim, witness, criminal disposition, and collection funds
- New Jersey Section 2C:43-3.2 – Assessments for Safe Neighborhoods Services
- Second Degree Shoplifting
- New Jersey Section 2C:43-3.3 – Additional penalties for persons convicted of crime deposited in
- Shoplifting Resulting in Robbery Charges
- Third Degree Shoplifting
- Types of Shoplifting in New Jersey
- New Jersey Section 2C:43-3.7 – Surcharge for certain sexual offenders to fund grants, programs, certain.
- What Are The Civil Penalties for Shoplifting in New Jersey?
- New Jersey Section 2C:43-3.8 – Offenses involving computer criminal activities; penalties;
- Theft by Extortion
- New Jersey Section 2C:43-4 – Penalties Against Corporations; Forfeiture of Corporate Charter or Revocation of Certificate Authorizing Foreign Corporation to do Business in the State
- Theft of Property Mislaid, Lost, or Delivered by Mistake
- New Brunswick Criminal & Traffic Offenses
- New Jersey Section 2C:43-5 – Young adult offenders
- Theft by Deception Charges
- Burglary Offense
- Burglary Tools
- New Jersey Section 2C:43-6.1 – Person under minimum mandatory sentence for possession of firearm with intent to use against property of another; review of sentence; imposition of other sentence
- New Jersey Section 2C:43-6.2 – Probation; reduction of mandatory minimum term
- New Jersey Section 2C:43-6.3 – Review of sentence
- Computer Crimes
- New Jersey Section 2C:43-6.4 – Special sentence of parole supervision for life.
- Cyberstalking Defense Lawyer
- New Jersey Section 2C:43-6.5 – Mandatory minimum prison term for public officer, employee convicted of certain crimes; waiver, reduction.
- New Jersey Section 2C:43-6.6 – Internet access conditions for certain sex offenders; fourth degree crime.
- Virus and Malware Distribution
- New Jersey Phishing Defense Attorney
- New Jersey Section 2C:43-6.7 – Effective date; applicability.
- Counterfeit Crimes Defense Attorney
- New Jersey Section 2C:43-7 – Sentence of imprisonment for crime; extended terms.
- Misappropriation of Funds
- New Jersey Insider Trading Fraud
- New Jersey Section 2C:43-8 – Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses
- NJ Money Laundering Attorneys
- New Jersey Section 2C:43-9 – Release of all offenders; length of recommitment and reparole after revocation of parole
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- Unlicensed Practice of Medicine
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- New Jersey Section 2C:43-12 – Supervisory treatment – pretrial intervention.
- Forgery and Fraud
- Fake, Forged or False Government Document
- New Jersey Section 2C:43-15 – Presentation of proposed rules at judicial conference
- New Jersey Forgery Offense – Explanation of the Law – Penalties – Defenses
- New Jersey Section 2C:43-16 – Public announcement of proposed rules; delivery of copies
- Forgery & Related Offenses Law – N.J.S.A. 2C:21-1
- New Jersey Section 2C:43-18 – Change or cancellation of rules by statute or adoption of subsequent rules
- Health Care Claims Fraud
- New Jersey Section 2C:43-19 – Adoption of rules at such time, or with such effective date, or without presentation at judicial conference, as may be provided in joint resolution
- New Jersey Section 2C:43-20 – Reduction or elimination of time during which rules may be canceled by joint resolution
- New Jersey Section 2C:43-21 – Index and reports
- New Jersey Computer Theft
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- New Jersey Computer Theft Definitions
- New Jersey Section 2C:44-1.1 – Certain convictions vacated, expunged.
- New Jersey Credit Card Fraud & Theft Law
- Automobile or Car Search
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- Curtilage to a Dwelling or Residence
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- House Search
- New Jersey Section 2C:44-5 – Multiple sentences; concurrent and consecutive terms.
- Search of the Person & Clothing
- Exigent Circumstance
- New Jersey Section 2C:44-6 – Procedure on sentence; presentence investigation and report.
- Inventory Search
- New Jersey Section 2C:44-6.1 – Defendant liable for cost of psychological evaluation; rules, regulations.
- Illegal Search
- Consent Case Law: State v. Yanovsky
- Consent Search Case Law: State v. Allen
- New Jersey Section 2C:44-8 – Convicted defendants, prior restrictions continued.
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- New Jersey Section 2C:45-2 – Period of suspension or probation; modification of conditions; discharge of defendant.
- Consent Search Case Law: State v. King
- Consent Search Case Law: State v. Younger
- New Jersey Section 2C:45-4 – Notice and hearing on revocation or modification of conditions of suspension or probation
- Consent to Search: State v. Leslie
- New Jersey Section 2C:46-1.1 – Computerized Collection Fund
- Consent to Search Case Law: State v. Elders
- New Jersey Section 2C:46-1.2 – Rules, regulations
- New Jersey Section 2C:46-2 – Consequences of nonpayment; summary collection.
- NJ Consent Search Law: State v. Carty
- New Jersey Section 2C:46-3 – Revocation of fine
- Suppression Motion to Invalidate a Improper Search
- New Jersey Section 2C:46-4 – Fines, assessments, penalties, restitution; collection; disposition.
- New Jersey Section 2C:46-4.1 – Application of moneys collected; priority.
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- New Jersey Section 2C:46-5 – Inapplicability of chapter to certain fines and restitutions
- Abandoned Property Search
- New Jersey Section 2C:47-1 – Referral to adult diagnostic and treatment center; commitment; examination
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- New Jersey Section 2C:47-2 – Report on Examination
- New Jersey Section 2C:47-3 – Disposition
- Places that Police May Search When Making an Arrest
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- Plain View Exception to the Requirement for a Warrant
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- Search & Seizure – Defined
- Search at School
- New Jersey Section 2C:48A-1 –
- Special Exception: Roadblock, Random Drug Test & DNA Sample
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- New Jersey Section 2C:52-1 – Definition of expungement
- Minor in Possession of Alcohol in New Jersey
- New Jersey Section 2C:52-2 – Indictable offenses.
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- New Jersey Section 2C:52-8 – Statements to accompany petition
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- Violation of Probation
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- New Jersey Section 2C:52-28 – Motor vehicle offenses
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- New Jersey Section 2C:58-8 – Certain wounds and injuries to be reported.
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- California Resignation Law – Do I have to give 2 weeks notice?
- California Salary Laws – What Workers Need to Know
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- California Statutory Rape Laws Penal Code 261 5 PC
- California Wiretapping Law Penal Code 631 PC
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- Driving Under the Influence in California: What You Need to Know
- Exempt vs Non Exempt in California
- Holiday Pay in California – Do Employers Have to Give It?
- How to check if my California drivers license is suspended?
- How to Get a Concealed Weapons Permit (CCW) in California
- Is blackmail a crime?
- Penal Code 148 PC Resisting Arrest Laws- California PC
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- What is Lewd and Lascivious Conduct?
- What is the legal BAC limit for drivers in California?
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- Penal Code 12020 | Generally Prohibited Weapons
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- Penal Code 473 PC | Punishment for Forgery
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- Penal Code 832 | Training Course for Peace Officers
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- How Federal Sentencing Guidelines Impact California Cases
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- Penal Code 1001.80 PC | Military Diversion for PTSD / Mental Health
- Penal Code 1118 | Motion for New Trial
- Penal Code 11418 PC | Weapons of Mass Destruction
- Penal Code 1170 | Felony Sentencing
- Penal Code 1170.9 PC | Veterans Treatment in Lieu of Jail
- Answering Questions About Juvenile Arrests on College Applications
- Fort Irwin, Barstow, California Military Criminal Lawyers
- Penal Code 1181 PC | Motion for a New Trial
- Naval Air Station North Island, Coronado, California Military Criminal Lawyers
- Penal Code 1192.7(c) PC | “Serious” Felonies
- Penal Code 12022.1 PC | Committing a Felony While on Bail
- Penal Code 12022.3 PC | Use of a Firearm in Commission of a Sex Crime
- Penal Code 12022.4 PC | Aiding or Abetting a Felony Using a Firearm
- Penal Code 12022.53 PC | 10-20-Life Sentencing Enhancement
- Penal Code 12022.55 PC | Sentencing Enhancement for Shooting from a Vehicle
- Penal Code 1203 | Probation
- Penal Code 1203.2 PC | Probation Violations
- Presidio of Monterey, Monterey, California Military Criminal Lawyers
- Penal Code 1203.4 PC | Expungement of Criminal Convictions
- Penal Code 1203.4a PC | Expungement of Infractions and Non-probation Misdemeanors
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- Penal Code 12202.7 PC | Great Bodily Injury
- Penal Code 132 PC | Offering False Evidence
- Penal Code 134 PC | Preparing False Evidence
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- Marine Corps Air Ground Combat Center, Twentynine Palms, California Military Criminal Lawyers
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- Penal Code 1368 PC | Competency to Stand Trial
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- Penal Code 1377 PC | Civil Compromise
- When Does Bankruptcy Fraud Become a Federal Crime in California?
- Defending Against California Federal Mortgage and Loan Fraud Charges
- Penal Code 1382 | Speedy Trial Rules
- Penal Code 1385 | Dismissing Charges and Enhancements
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- Penal Code 148.3 PC | False Report of an Emergency
- Penal Code 148.4 PC | False Report of a Fire
- What Constitutes Federal Computer Hacking Charges in California?
- Penal Code 148d | Taking an Officer’s Firearm
- Understanding Federal Child Pornography Charges in California
- What to Expect at a DMV Hearing?
- Penal Code 152 PC | Concealing an Accidental Death
- Penal Code 153 PC | Compounding a Crime
- Penal Code 1531 | Force Entry after Knock and Announce
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- Penal Code 155 PC | Fraudulent Conveyance by a Judgment Debtor
- Penal Code 16470| Dirks and Daggers
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- Penal Code 169 PC | Picketing Outside Courthouse
- Penal Code 171.7 | Weapons at Public Transit Facilities
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- Penal Code 17730 PC | Wallet Guns
- Penal Code 18.5 PC | Misdemeanor Sentences
- Penal Code 182 PC | Conspiracy
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- Penal Code 186.11 PC | White Collar Crime Sentencing Enhancement
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- Penal Code 18715 PC | Possession in public or private place or on common carrier vehicle
- Penal Code 18720 PC | Possession of Destructive Device Materials
- Penal Code 18740 PC | Possession, explosion, or igniting, with intent to injure or intimidate
- Penal Code 189 PC | Degrees of Murder
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- Penal Code 191 PC | Petit Treason Abolished
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- Penal Code 192(c) PC | Vehicular Manslaughter
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- Penal Code 20310 PC | Air Gauge Knives
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- Penal Code 206 PC | Torture
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- Penal Code 207 PC | Kidnapping
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- Penal Code 20710 PC | Shobi-Zeus
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- Penal Code 209 PC | Kidnapping for Ransom
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- Penal Code 218 PC | Train Wrecking
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- Penal Code 22010 PC | Possession of Nunchucks
- Penal Code 222 PC | Administering Drugs to Commit Felony
- Penal Code 22410 PC | Possession of Shurikens
- Extradition From California
- Penal Code 23515 | Preliminary provisions (Offenses that involve the violent use of a firearm)
- Penal Code 236.1 PC | Human Trafficking
- Penal Code 237 PC | Punishment for False Imprisonment
- Penal Code 241 | Assault on a Police Officer
- Penal Code 241.6 | Assault on a School Employee
- Penal Code 243 PC | Penalties for Battery
- Penal Code 243.4 PC | Sexual Battery
- Penal Code 243(c)(2) | Battery on a Police Officer
- Penal Code 243(d) PC | Battery With Serious Bodily Injury
- Penal Code 243b / 243c PC | Battery on a Peace Officer
- Penal Code 245(a)(4) PC | Assault by Means Likely to Produce Great Bodily Injury
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- Penal Code 247.5 PC | Pointing a Laser at an Aircraft
- Penal Code 25800 PC | Armed Criminal Action
- Penal Code 26350 PC | Openly Carrying a Firearm
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- Penal Code 266i | Pandering
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- Penal Code 273.5 PC | Domestic Violence Body Injury
- Penal Code 278 PC | Child Abduction
- Penal Code 278.5 PC | Deprivation of Child Custody or Visitation
- Penal Code 281 PC | Bigamy
- Penal Code 284 PC | Marrying the Husband or Wife of Another
- Penal Code 285 PC | Incest
- Penal Code 286 PC | Sodomy
- Penal Code 288 PC | Lewd Acts with a Child Under 14
- Penal Code 288.2 PC | Sending Harmful Matter of Intent With Seducing Minor
- Penal Code 288.3 PC | Contacting a Minor to Commit a Felony
- Penal Code 288.4 PC | Arranging a Meeting with a Minor for Lewd Purposes
- Penal Code 288.5 PC | Continuous Sexual Abuse of a Child
- Penal Code 288.7 PC | Sexual Acts with a Child Under 10
- Penal Code 288b1 PC | Lewd Acts with a Child Using Force or Fear
- Penal Code 289 PC | Forcible Acts of Sexual Penetration with a Foreign Object
- Penal Code 289.6 PC | Sex with an Inmate
- Penal Code 290 PC | Failure to Register as a Sex Offender
- Penal Code 29800 PC | Felon with a Firearm
- Penal Code 29810 PC | Relinquishing Firearms by Convicted Persons
- Penal Code 29820 PC | Possession of Firearms by Juvenile Wards
- Penal Code 29900 | Jail Sentence for Ex-Felon with Firearm
- Penal Code 29905 | Violent offenses
- Penal Code 30210 | Bullets with an Explosive Agent
- Penal Code 31 PC | Aiding and Abetting
- Penal Code 311.11 | Possession of Child Pornography
- Penal Code 314 PC | Indecent Exposure
- Penal Code 32900 PC | Bump Stocks
- Penal Code 330 PC | Gaming
- Penal Code 33410 PC | Possession of a Silencer
- Penal Code 33600 PC | Zip Guns
- Penal Code 337a PC | Bookmaking/Pool-Selling/Wagering
- Penal Code 365.7 PC | Service Dog Fraud
- Penal Code 372 PC | Creating or Maintaining a Public Nuisance
- Penal Code 396 | Price Gouging
- Penal Code 399 PC | Failing to Control a Dangerous Animal
- Penal Code 403 PC | Disturbing a Meeting
- Penal Code 404 PC | Rioting
- Penal Code 408 PC | Unlawful Assembly
- Penal Code 409 PC | Failure to Disperse at a Riot
- Penal Code 415 PC | Disturbing the Peace
- Penal Code 415.5 PC | Disturbing the Peace at Schools
- Penal Code 422.7 PC | Hate Crimes Misdemeanor Sentencing Enhancement
- Penal Code 4532 PC | Escape from Custody
- Penal Code 4573 PC | Bringing Narcotics into a Correction Facility
- Penal Code 4574 PC | Unlawful Bringing of Firearms into Prison or Jail
- Penal Code 459.5 PC | Shoplifting
- Penal Code 466 PC | Possession of Burglary Tools
- Penal Code 470 PC | Forgery
- Penal Code 472 PC | Forgery or Counterfeit of a Public or Corporate Seal
- Penal Code 475 PC | Possession of Counterfeit Items
- Penal Code 476 PC | Check Fraud
- Penal Code 484 PC | Petty Theft
- Penal Code 484j PC | Publishing Credit Card Information
- Penal Code 485 PC | Appropriation of Lost Property
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- Penal Code 487 PC | Grand Theft
- Penal Code 487(d)(2) PC | Grand Theft Firearm
- Penal Code 490.2 PC | Petty Theft
- Penal Code 830.1 | Persons who are peace officers; Extent of authority
- Penal Code 499b PC | Joyriding of a Bike or Vessel
- Penal Code 499c PC | Theft of Trade Secrets
- Penal Code 526 PC | Extortion by a Fake Court Order
- Penal Code 530.5 PC | Identity Theft
- Penal Code 532 PC | False Pretenses
- Penal Code 548 PC | Fraudulent Insurance Claim of Damage or Theft
- Penal Code 555 PC – Trespass on Posted Property
- Penal Code 587 PC | Damaging Railroad Tracks
- Penal Code 594 PC | Vandalism
- Penal Code 596 PC | Animal Poisoning
- Penal Code 597(b) PC | Cockfighting
- Penal Code 626.10 PC | Weapons on School Grounds
- Penal Code 631 PC | Wiretapping
- Penal Code 632 PC | Eavesdropping
- Penal Code 646.9 PC | Stalking
- Penal Code 647 PC
- Penal Code 647(a) PC | Engaging in Lewd Conduct
- Penal Code 647(c) | Aggressive Panhandling
- Penal Code 647(e) | Squatting
- Penal Code 647(f) PC | Drunk in Public
- Penal Code 647(i) PC | Peeking while Loitering
- Penal Code 647(j) PC | Invasion of Privacy
- Penal Code 653 PC | Tattooing a Minor
- Penal Code 653.22 PC | Loitering With Intent to Commit Prostitution (repealed)
- Penal Code 653b PC | Loitering at a School
- Penal Code 654 PC | Multiple Punishments for the Same Act
- Penal Code 664 PC | Attempted Crimes
- Penal Code 68 PC | Bribery by Public Employees
- Penal Code 76 PC | Threatening Public Officials
- Penal Code 801 | Statute of Limitations for Felonies
- Penal Code 802 PC | Statute of Limitations for Misdemeanors
- Penal Code 830.5 | Probation and Parole Officers
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- Penal Code 851.87 PC | Seal and Destroy Arrest Records
- Penal Code 853.7 PC | Violating a Written Promise to Appear
- Penal Code 853.8 | Failure to Appear after Written Promise to Appear
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- California Penal Code Section 69 PC: Resisting An Executive Officer
- California Penal Code Section 92 PC & California Penal Code Section 93 PC: Bribery Of Judges And Jurors
- California Penal Code Section 132 PC & California Penal Code Section 134 PC: Offering Or Preparing False Evidence
- California Penal Code Section 148(a) PC: Resisting Arrest
- California Penal Code Section 154 PC & California Penal Code Section 155 PC: Fraudulent Conveyance By A Debtor / Judgment Debtor
- California Penal Code Section 166 PC: Violating A Court Order
- California Penal Code Section 169 PC: Picketing Near Court To Obstruct Justice
- California Penal Code Section 186.10 PC: Money Laundering
- California Penal Code Section 187 PC: Murder
- California Penal Code Section 191.5(a) PC: Gross Vehicular Manslaughter While Intoxicated
- California Penal Code Section 192(a) PC: Voluntary Manslaughter
- California Penal Code Section 192(b) PC: Involuntary Manslaughter
- California Penal Code Section 193.8(a) PC: Relinquishing Possession Of A Vehicle To A Minor
- California Penal Code Section 203 PC And California Penal Code Section 205 PC: Mayhem And Aggravated Mayhem
- California Penal Code Section 207 PC: Kidnapping
- California Penal Code Section 209.5 PC: Kidnapping During Carjacking
- California Penal Code Section 211 PC: Robbery
- California Penal Code Section 236 PC And California Penal Code Section 237(a) PC: False Imprisonment
- California Penal Code Section 240 PC: Assault
- California Penal Code Section 242 PC: Battery
- California Penal Code Section 243(b) PC And California Penal Code Section 243(c)(2) PC: Battery On A Peace Or Police Officer
- California Penal Code Section 243(d) PC: Battery Causing Serious Bodily Injury
- California Penal Code Section 243(e)(1) PC: Domestic Battery
- California Penal Code Section 244 PC: Assault With Caustic Chemicals
- California Penal Code Section 245(a)(1) PC: Assault With A Deadly Weapon
- California Penal Code Section 246 PC: Shooting At An Inhabited Dwelling Or Occupied Car
- California Penal Code Section 246.3 PC: Shooting In A Grossly Negligent Manner
- California Penal Code Section 247(b) PC: Shooting At An Unoccupied Vehicle Or Building
- California Penal Code Section 248 PC: Shining Light At An Aircraft To Impair Operation
- California Penal Code Section 261 PC: Rape
- California Penal Code Section 270 PC: Failure To Provide Care/Child Neglect
- California Penal Code Section 270.1(a) PC: Failure To Supervise Pupil’s School Attendance
- California Penal Code Section 272 PC: Contributing To The Delinquency Of A Minor
- California Penal Code Section 273(a) PC: Child Endangerment
- California Penal Code Section 273(d) PC: Child Abuse / Inflicting Physical Punishment On A Child
- California Penal Code Section 273(g) PC: Lewdness Or Drunkenness In The Presence Of A Child
- California Penal Code Section 273.5(a) PC: Corporal Injury To Spouse
- California Penal Code Section 273.6 PC: Violating A Restraining, Protective Or Stay Away Order
- California Penal Code Section 278 PC: Child Abduction
- California Penal Code Section 278.5 PC: Child Abduction By Depriving Right To Custody Or Visitation
- California Penal Code Section 290 PC: Failure To Register As A Sex Offender
- California Penal Code Section 302 PC: Disturbing A Religious Meeting
- California Penal Code Section 303(a) PC: Soliciting Purchase Of Alcohol
- California Penal Code Section 332 PC: Obtaining Money by Fraud Through Gaming
- California Penal Code Section 337b PC: Bribing Player/Participant To Throw A Sporting Event
- California Penal Code Section 337c PC: Accepting Bribe To Throw A Sporting Event
- California Penal Code Section 350 PC: Manufacturing Or Selling A Counterfeit Mark
- California Penal Code Section 372 PC and § 373a PC: Public Nuisance
- California Penal Code Section 401 PC: Aid, Advise or Encourage a Suicide
- California Penal Code Section 402(a) PC: Sightseeing at the Scene of an Emergency
- California Penal Code Section 403 PC: Disturbing A Public Meeting
- California Penal Code Section 404.6 PC: Inciting A Riot
- California Penal Code Section 408 PC: Unlawful Assembly
- California Penal Code Section 409 PC and 416 PC: Refusal To Disperse
- California Penal Code Section 415 PC: Disturbing The Peace
- California Penal Code Section 424 PC: Misappropriation of Public Funds
- California Penal Code Section 451 PC and 452 PC: Arson
- California Penal Code Section 463 PC: Looting
- California Penal Code Section 466 PC: Possession Of Burglary Tools
- California Penal Code Section 470 PC: Forgery
- California Penal Code Section 472 PC: Forging Or Possessing A Fraudulent Public Seal
- California Penal Code Section 484(a) PC and 488 PC: Petty Theft
- California Penal Code Section 484e, 484f, 484g, 484h, 484i and 484j PC: Credit Card Fraud
- California Penal Code Section 485 PC: Misappropriation Of Lost Property
- California Penal Code Section 487 PC: Grand Theft
- California Penal Code Section 487(d)(1) PC: Grand Theft Auto
- California Penal Code Section 496(a) PC: Receiving Stolen Property
- California Penal Code Section 499b PC: Unlawful Taking Of A Bicycle Or Vessel
- California Penal Code Section 530.5(e) PC: Mail Theft
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- Murder 720 ILCS 5/9-1
- Battery 720 ILCS 5/12-3
- Reckless Conduct 720 ILCS 5/12-5
- Mob Action 720 ILCS 5/ 25-1
- Agg.Batt.W/Firearm 720 ILCS 5/12-3.05(e)
- Agg.Discharge Firearm 720 ILCS 24-1.2
- Armed Violence 720 ILCS 5/33A-2
- Violent Crimes
- Reckless Discharge 720 ILCS 5/ 24-1.5
- Vehicular Invasion 720 ILCS 5/18-6
- Vehicular Endangerment 720 ILCS 5/12-5.02
- Intimidation 720 ILCS 5/12-6
- Stalking 720 ILCS 5/12-7.3
- Kidnapping 720 ILCS 5/10-1
- Unlawful Restraint 720 ILCS 5/10-3
- Hate Crime 720 ILCS 5/12-7.1
- Hate Vandalism 720 ILCS 5/21-1.2
- Forcible Felony 720 ILCS 5/2-8
- Illinois Weapons Offenses
- Illinois does criminal possession of guns and firearms and other weapons under different circumstances. Here are those charges:
- Agg.Discharge Firearm 720 ILCS 24-1.2
- Agg.Batt.W/Firearm 720 ILCS 5/12-3.05(e)
- Agg.Assault W/Firearm 720 ILCS 5/12-2(c)(1)
- UUW Exemptions 720 ILCS 5/24-2
- Agg.UUW 720 ILCS 5/24-1.6
- Violation of Bail Bond W/Firearm 720 ILCS 5/ 32-10(a-5)
- Unauthorized Poss. Weapon in Public Bldg. 720 ILCS 5/ 21-6
- Uncased Weapon in Vehicle 520 ILCS 5/2.33(n)
- Possession of Stolen Firearm 720 ILCS 5/24-3.8
- Definition of Firearm 430 ILCS 65/1.1
- Weapons Categories 720 ILCS 5/33A-1
- Incendiary Device 720 ILCS 5/20-2(a)
- Firework 425 ILCS 35/2
- Firearm Seizure Ac 725 ILCS 165/0.01
- Air Rifle 720 ILCS 5/24.8
- Confiscation of UUW Firearm 720 ILCS 5/24-6
- Return of Stolen Gun 720 ILCS 5/24-6(b)
- Taser Defined 720 ILCS 5/24-1(a)(10)
- Property Damage & Trespass Offenses In Illinois
- You’ll notice some of these crimes appear in multiple categories. That’s just so you find what you’re looking for. Crimes of violence often are accompanied with property damage crimes.
- Home Invasion 720 ILCS 5/19-6
- Arson 720 ILCS 5/20-1
- Residential Burglary 720 ILCS 5/19-3
- Burglary 720 ILCS 5/19-1
- CTTResidence 720 ILCS 5/19-4
- CTTProperty 720 ILCS 5/21-3
- CTTGovernmet Property 720 ILCS 5/21-5
- CTTRailroad 625 ILCS 5/18c-7503
- CTTCemetary 765 ILCS 835/1(b)
- CDTProperty 720 ILCS 5/21-1
- CDTGovernment Property 720 ILCS 5/21-1.01
- CDTVehicle 625 ILCS 5/4-102(a)(1)
- CTTV 625 ILCS 5/4-102(a)(2)
- CTTV 720 ILCS 5/21-2
- Vehicular Invasion 720 ILCS 5/18-6
- Vehicular Endangerment 720 ILCS 5/12-5.02
- Secret Compartment 625 ILCS 5/12-612
- List of Drug Charges In Illinois
- By far drug offenses are among the most common charges filed in Illinois. Most of them are found in the Illinois Controlled Substance Act or the Cannabis Control Act.
- Possession of CS 720 ILCS 570/402
- Delivery CS 720 570/401
- Cannabis 720 ILCS 550/4
- Delivery of Cannabis 720 ILCS 550/5
- Paraphernalia 720 ILCS 600/3.5
- P Chem. to Make CS 720 ILCS 570/401.5
- Meth 720 ILCS 646/60
- P Chem. to Make Meth 720 ILCS 646/20
- Tampering W/Anhydrous Ammonia 720 ILCS 646/25
- Fraudulent Acquisition of CS 720 ILCS 406(b)(3)
- Nitrous Oxide 720 ILCS 5/24.5-5
- Huffing 720 ILCS 690/1
- Hypodermic Needle/Syringe 720 ILCS 635/1
- Criminal Fortification of Residence 720 ILCS 5/19-5
- Proof of School or Church 725 ILCS 5/115-10.5
- 410 Probation CS 720 ILCS 570/410
- 410 Probation Weed 720 ILCS 550/10
- TASC Probation 20 ILCS 301/40-5
- No Probation 5g+ 730 ILCS 5/5-5-3(c)(2)(D)
- Drug Victim Impact 730 ILCS 5/5-4-1(a)(7)
- Street Value Fine CS 720 ILCS 570/401(b)
- Street Value Fine Weed 720 ILCS 550/10.1(b)(2)
- Drug Assessment CA 720 ILCS 550/10.3
- Expungement and Sealing of Arrest Records in Illinois
- Lottery Fraud 20 ILCS 1605/14.2
- Theft of Cable/Services 720 ILCS 5/16-3
- Theft from Vending Machine 720 ILCS 5/16-6
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- Theft of Utility 720 ILCS 5/16-14
- Appealing on the Basis of Ineffective Assistance of Counsel
- False Theft Report 720 ILCS 5/26-1(4)
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- Deceptive Advertising 720 ILCS 5/17-5.7
- Appealing Sex Offender Registration Requirements in Illinois
- Computer Tampering 720 ILCS 5/17-51
- Money Laundering 720 ILCS 5/29B-1
- Eavesdropping 720 ILCS 5/14-1
- List of Vehicle Related Illinois Crimes
- DUI 625 ILCS 5/11-501
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- Criminal Sexual Abuse 720 ILCS 5/11-1.50
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- Miscellaneous Sex Offenses 720 ILCS 5/11-25
- Sexually Motivated Offense Must Register 730 ILCS 150/2(B)(1.5)
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- Public Indecency 720 ILCS 5/11-30
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- Flashing/Viewing Child 720 ILCS 5/11-9.1
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- Peeping 720 ILCS 5/26-1(a)(11)
- SOMB 20 IL AD CODE 1905
- Sexually Motivated Offense Must Register 730 ILCS 150/2(B)(1.5)
- Juvenile Petition to Not Register 730 ILCS 150/3-5
- Sex Offender Mandatory STD Testing 730 ILCS 5/5-5-3(g), 705 ILCS 405/5-710
- Sex Offender Mandatory DNA Specimen 730 ILCS 5/5-4-3
- Sex Offender 730 ILCS 150/2(A)
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- Unlawful Videotaping 720 ILCS 5/26-4
- Domestic Violence Related Statues
- Illinois has a variety of domestic violence related charges. They’re all listed here.
- Domestic Battery 720 ILCS 5/12-3.2
- Family or Household Member 725 ILCS 5/112A-3(3)
- VOP 720 ILCS 5/12-3.4
- Violation of Bail Bond 720 ILCS 5/32-10(b)
- Interfering with 911 Call 720 ILCS 5/12-3.5
- Interference W/Telephone Call 720 ILCS 5/16-18
- Telephone Harassment 720 ILCS 5/26.5-2
- Stalking 720 ILCS 5/12-7.3
- Disclosure of Domestic Victim Location 720 ILCS 5/12-3.6(b)
- No Bail in Domestic Battery S.Ct. Rule 528(d)
- Requirements on Responding Officers 725 ILCS 5/112A-30
- Spousal Immunity 725 ILCS 5/115-16
- Statutory Fines 730 ILCS 5/5-9.1.5 & 1.6
- Kid Related Crimes In Illinois
- Juvenile Delinquency 705 ILCS 405/5-101
- Visitation Interference 720 ILCS 5/10-5.5
- Kidnaping/Unlawful Restraint 720 ILCS 5/10-1, 10-3
- Minor Consumption of Alcohol 235 ILCS 5/6-20
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