News
Crime
[07/30] Teen charged in NYC melee won't serve jail time
[07/30] Prosecutors: Revenge pushed Ark. doctor to bombing
[07/30] Police: Ohio driver in chase stopped at red lights
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Articles
Criminal Defense
Strange but True Laws
Most Americans have a general understanding of what constitutes a crime. However, there are a host of "strange but true" laws which exist in states, cities, and towns across America which may come as a shock to most people. While some of these laws have been taken off the books, and are therefore no longer considered a crime, in other cases, these laws remain in statutes or codes, but have lain dormant and have not been enforced for years. By all means, the following are intended to be only a representative sample of strange laws . . . there are plenty more of them out there, so be on your guard!
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Fraud
For the most part, there is no single crime called "fraud." However, fraud is an intrinsic part of a number of offenses, most notably those in the theft category. The early theft crime of larceny required a taking of property from the possession of another; therefore using deceit to take the property of another that had been entrusted to the offender was not punishable because it was not larceny. The crime of embezzlement was established to close this loophole in theft law. Embezzlement is committed when the offender fraudulently converts the property of another, which is already in the offender's possession. Fraudulent conversion occurs when the offender seriously interferes with the victim's rights over the property by using it up, giving it away, unreasonably withholding possession from the victim, or seriously damaging the property with the intent to benefit himself and deprive the victim. Fraudulent intent requires a finding that the offender had the specific intent to deceive the victim, and mere negligence in the handling of the property will not sustain a conviction.
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Case Summaries
Criminal Law & Procedure
[06/28] McDonald v. City of Chicago
In an action against the City of Chicago alleging that the City's handgun ban left plaintiffs vulnerable to criminals, judgment for defendants is reversed where the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense.
[06/25] People v. Bloom
Conviction of defendant for resisting arrest and other related charges, arising from making more than 40 harassing calls to 911 in a single evening, is affirmed over a challenge to a denial of a motion to suppress as a dispatcher lawfully arrested defendant for making the calls and she was not required to physically restrain him or to be present at the time of the arrest.
[06/24] People v. Int'l Fid. Ins., Co.
In a prosecution of defendant for attempted murder and other crimes, trial court's denial of a motion to vacate a forfeiture and exonerate bail is affirmed where: 1) the trial court did not err in denying the motion as, although defendant was subject to a greater potential maximum penalty under the first amended information than he had been under the original complaint, the charges in the first amended information were based on the same acts alleged in the complaint; and 2) the certificate of mailing of the notice of forfeiture which was signed by a deputy clerk on behalf of the clerk of the court was properly executed.
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