Search Results - Misdemeanor
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A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time. It is highly unlikely that a first time misdemeanant will serve any jail time. It is likely that if one is convicted of a misdemeanor that it will be expunged. In the United States, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor.[1] All other crimes are felonies. Many states also follow this. The distinction between a felony and misdemeanor has been abolished by most other common law jurisdictions (e.g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Those jurisdictions have generally adopted some other classification, e.g. in Canada, Australia, the Republic of Ireland and the United Kingdom, the crimes are divided into summary offences and indictable offences. In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, drug possession, DUI and other similar crimes. In the United States, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends.
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Showing 1 to 25 of 53 Articles matching 'Misdemeanor' in related articles. |
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1. Expungement & Criminal History Check Complications
June 08, 2009
Everyone knows that background checks are now a large concern of daily life. Now when someone applies for a job or a loan, rents a residence, or even gets an insurance quote, it is likely they will have to have a criminal background scan. Although most individuals have knowledge of the screening, they may not be aware of what is turning up.
First, a lot us think that if we've never had an encounter with the law that we won't have a criminal record. Unfortunately with modern background screening practices , this is not always the reality. More and more background screenings are being put ... (read more)
Author: Brian Snead
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2. Penalties for San Francisco DUI Convictions
May 29, 2009
It is a misdemeanor to drive under the influence and to have a blood alcohol concentration of 0.08% in the state of California. If you are caught driving under the influence, criminal charges will be filed against you and you will have to have a hearing at the Department of Motor Vehicles to determine the status of your driving privileges. If convicted of driving under the influence, there are several harsh penalties that you will face. This makes hiring a DUI attorney San Francisco very important if you have been charged with DUI.
Jail Time
Driving under the influence carries a... (read more)
Author: Lenore Shefman
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3. How misdemeanor or Felony can be removed from State Records
January 30, 2009
Be it felony or any sort of misdemeanor, it has became a part of everyday life. Crime committed as a juvenile haunts even in the after years, there is always a lurking doubt that any shadowy glance at one’s yesteryears may cost the person his dear job. However very recently Texas laws have changed dramatically with an outstanding decision which may provide relief to many. The law aptly states that in certain number of cases the records can be cleared off or at least made unavailable to the masses.
Texas criminal records may range from grave crimes to minor faults but with the new law gett... (read more)
Author: shanti bhushan pathak
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4. Defining DWI : First Offense Class B Misdemeanor DWI
November 26, 2008
If you have consumed alcohol, you should consider a few things before getting behind the wheel. First, New Hampshire has an implied consent law, which means that if you are operating a vehicle on any New Hampshire road, you are automatically giving consent to physical tests and exams that will help law officials determine if you are driving while intoxicated. These tests include field sobriety tests, urine tests, and breath tests. In New Hampshire, Driving While Intoxicated (DWI) is defined as operating or being in physical control of a vehicle on a public way, while under the influence o... (read more)
Author: Ryan Russman
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5. How to Beat Your Speeding Ticket in Virginia
November 13, 2008
Were you caught speeding in Virginia? If so, you should know that Virginia's reckless driving law is a class 1 misdemeanor. You can be fined up to $2,500, sentenced to 12 months in jail, and lose your license for six months.
Here's the great news: you can defend and beat your speeding charge!
Courts have a lot of discretion in these speeding cases. If you play your cards right, you can walk out of court with your ticket dismissed. Wouldn't that be awesome?
Your first step on the road to beating that reckless ticket is to hire an attorney. It may seem like overkill, but ther... (read more)
Author: Robert Bell
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6. Criminal Court Records Explained
October 08, 2008
In every state, federal level, municipal and county each of them has its own set of rules and regulations on criminal records. Every county in United States was maintaining its own records. Even the felonies and the misdemeanor are not reported to federal level. Accessing their records is relatively fast rather than federal courts and states records. They only use manually search of records for 72 hours to retrieve information. Drug crimes, immigrating crimes and crimes which related to weapon can be provided by the federal court records. All files were compiled to an agency called Nat... (read more)
Author: Laica Baker
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7. Clearing Background with Zero Tax Lien
September 08, 2008
In any event, the main purpose of all companies of conducting a background investigation on their employees and applicants is to ensure that their rows will not be infiltrated with people that do not deserve for the work.
This move particularly reciprocates any possible losses on the company’s profits and also for the protection of other employees. The facts behind the principle of background checking lies on thousands of studies pertaining to employees misdemeanor, conduct unbecoming, corporate theft, and other corporate related violence and problems.
The background checking of th... (read more)
Author: George Foerstel
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8. Simple marijuana charge? Think again!
August 06, 2008
Regardless of one’s view on the legality of marijuana in this country, at the present it is still illegal in Florida. Depending on the amount involved, a Marijuana related charge can range anywhere from a First Degree Misdemeanor to a First Degree Felony. All too often our firm receives calls from people who have been charged with misdemeanor possession of marijuana and seemingly take it lightly. Whether it is the remaining roach from a joint, a “dime bag,” or a brick, if you are Adjudicated Guilty of being in possession of marijuana you will be charged with a criminal offense. Our theory ... (read more)
Author: Jason Mayberry
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9. Stress Management & Stress Reduction Training
May 29, 2008
Stress is a misdemeanor waiting to happen. Stress will wear heavy on your nerves when it builds up, causing you to feel depressed. You may start to develop unnatural health issues that seem to have no justifiable cause for its development. This can lead to problems, which is why you want a guide to thriving on stress. You can avoid many problems by taking action instead of letting stress get you down.
How can I learn to be stress free?
In order to be stress free you have to work at it, it will not come to you over night. It takes time to train your brain to deal with stress. Stress i... (read more)
Author: Michelle Green
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10. Criminal Court Records Explained
April 25, 2008
In every state, federal level, municipal and county each of them has its own set of rules and regulations on criminal records. Every county in United States was maintaining its own records. Even the felonies and the misdemeanor are not reported to federal level. Accessing their records is relatively fast rather than federal courts and states records. They only use manually search of records for 72 hours to retrieve information.
Drug crimes, immigrating crimes and crimes which related to weapon can be provided by the federal court records. All files were compiled to an agency called Natio... (read more)
Author: Andrew Beckwith
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11. If you need legal advice, ask experienced Memphis dui lawyers
March 16, 2008
Driving under the influence of alcohol (DUI) is a criminal offense in the United States. Any driver with a blood-alcohol concentration of over 0.08% (or 0.04% in the case of commercial drivers) is legally liable. This offense is usually considered a misdemeanor and is punishable by up to one year in jail. If, however, the defendant has been convicted for DUI many times or if he caused serious damage or injury, the conviction can be for more than a year. It is human to make mistakes, so it can happen to anyone to drink a few beers at a party and then drive their car. Should you find yourself in... (read more)
Author: Anne Tide
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12. Crimes and Criminal Records
March 11, 2008
Before that, however, let us first define what crime is. Crime is committing acts that are prohibited by public law and has a corresponding violation. Crimes are divided into two categories - the one, felony and the other, misdemeanor.
A felony is a grave crime, such as burglary, rape, or murder. These types of crime are either punishable by an imprisonment of more than one year (in a state or federal facility) or, worst-case scenario, by death.
On the other hand, misdemeanor is a crime that is less serious than a felony and carries with it a less severe punishment. Most misdemeanors... (read more)
Author: becky web
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13. How the Justice System Works
December 12, 2007
Do you want to know how executions are carried out in different states? Are you interested in learning how the court system works? Do you wonder what the penalties are for certain offenses? Do you want to learn the difference between the jail system and the prison system? I will answer these questions through the knowledge I gained from attending a criminology class. Thirty-six of the forty-one states that use the death penalty carry out electrocutions or lethal injections. Washington and four other states resort to hangings or firing squads. Citizens serve on the firing squads. One of ... (read more)
Author: Todd Hicks
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14. Provigil (Modafinil) Marketing Investigation Settled for $425 Million
November 16, 2007
Cephalon, the maker of Provigil (modafinil), will pay $425 million under an agreement with the Justice Department over an investigation of the company’s sales and marketing practices of the drug.
The company also agreed to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act and will enter into a corporate integrity agreement with the HHS Office of Inspector General.
Earlier this year, the Food and Drug Administration sent a warning letter to Cephalon for off-label promotion of Provigil (modafinil). A promotional piece said Provigil treated various disorders, includi... (read more)
Author: Ryan Johnson
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15. 24: Kiefer Sutherland Pleads Guilty for DUI
November 08, 2007
Following the reports about Kiefer Sutherland being caught driving drunk, the 40-year-old actor recently pleaded no contest to the misdemeanor drunk driving charge in a Los Angeles court yesterday. He now faces 48 days in jail, which could be extended to a year, if the judge sees fit. Following a FOX Fall TV party held a couple of weeks ago in Hollywood, Sutherland got into his car, drove away and made an illegal U-turn. He was pulled and arrested, and subsequently charged with DUI.
Sutherland's lawyers responded well as the plea deal made sure that Sutherland's jail time would not coinci... (read more)
Author: Fabiola Groshan
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16. Why Choosing a Good DUI Lawyer is Important
October 19, 2007
The importance of retaining a good DUI defense lawyer if arrested for driving under the influence is often overlooked. The magnitude of having a good DUI lawyer on your side equals that of having the best doctor trying to save your life. Of course, a drunk driving conviction is not a matter of life or death in the literal sense, but a DUI conviction or guilty plea will affect your life.
The first and most obvious effect on your life by a DUI conviction is the punishment. Depending on whether you are guilty of a misdemeanor offense or a felony DUI offense, you will pay a fine, potentially ... (read more)
Author: Sonny Sheth
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17. Getting DUI lawyers in San Diego
October 03, 2007
After being arrested for driving under the influence, the first and most important thing to do is to find the right DUI lawyer. It is just like needing to find a doctor to do an important medical procedure and once you find the professional, your job is to wait there and let the professional do the work. If a person is charged with DUI, then on his first day in court the defendant in misdemeanor cases will usually not have to be present if he or she is represented by an attorney.
The cost of San Diego DUI lawyers will vary due to many factors, including reputation, skill and training, as ... (read more)
Author: Fabiola Groshan
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18. Training in Thriving on Stress
September 15, 2007
Stress is a misdemeanor waiting to happen. Stress will wear heavy on your nerves when it builds up, causing you to feel depressed. You may start to develop unnatural health issues that seem to have no justifiable cause for its development. This can lead to problems, which is why you want a guide to thriving on stress. You can avoid many problems by taking action instead of letting stress get you down.
How can I learn to be stress free? In order to be stress free you have to work at it, it will not come to you over night. It takes time to train your brain to deal with stress. Stress is ve... (read more)
Author: Li Ming Wong
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19. Lindsay Lohan day in Jail
September 10, 2007
Lindsay Lohan had her day in court and managed to plea bargain in what critics claim is a case of justice miscarried.
Charged on a misdemeanor of drunken driving and cocaine intake, the plea deal was made in the judge chambers and Lohan managed to get off with a day in jail, 10 days in community service and complete a drug rehab program. Lindsay has been charged with a previous DUI and this was a repeat charge which could easily have carried a more serious sentence.
Lindsay Lohan had confessed ‘I am addicted to alcohol and drugs,’ the actress said in a statement.
Lindsay Lohan ... (read more)
Author: Robert Muhoho
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20. Sen. Larry Craig and the Other Side of the Coin
September 04, 2007
After Larry Craig pleaded guilty to misdemeanor charges, offered apologies and resigned the media circus began. Scoffers, jesters, writers and besters have hopped onboard the rollicking happy critics train and left blogger sites have had a revival heretofore unprecedented.
All the hype about Larry Craig’s demise leaves something out. Conspicuously missing is the attention that should have been paid to the appalling habits, the seedy haunts and inconvenient places gays have chosen to further their sleazy activities. But lets not forget that just as the undercover cop who nabbed Larry Craig... (read more)
Author: Michael Bresciani
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21. DUI DEFENSE
June 19, 2007
DUI (Driving under the influence) or DWI (Driving while intoxicated) is regarded as the most serious misdemeanor offense. In many cases, repeat offenders are considered felons. Worst case scenario, the offense can be marked and will forever go on your record, whereby you will suffer socially and financially. A number of people charged with this offense are not always guilty. Scholarly research shows that most of the sobriety tests performed are inconclusive. In many cases, chemical tests, breath analyzers (Intoxilyzer 5000), or infrared breath machines are not considered valid. Many of the fi... (read more)
Author: Douglas R.Lipton
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22. Statutes of Limitations in California: An Overview
April 23, 2007
A statute of limitations is a law which places a time limit on initiating a legal remedy in relation to a misdemeanor or wrongful conduct. It sets forth the time frame or the maximum period in which a certain individual can file for a claim. In every state in the US, there are various statutes that apply for every civil action, and said limitation periods differ from state to state. It is indeed difficult to keep track of all the various states and their exceptions, so it's always best to speak with a qualified lawyer who serves claimants in your state. Your lawyer will tell you if your claim ... (read more)
Author: John Luke Matthews
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23. What Everyone Should Know About Crank Calls and Stalking
March 17, 2007
In California crank calls and threats over the phone to cause injury are illegal. Penal Code Section 653mm, states that every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. A misdemeanor means jail time may not exceed one year. There is a defense to innocent calls or electronic contac... (read more)
Author: Arnold Hernandez
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24. When Teens Are Behind The Wheel...
February 04, 2007
Teens are heeding reports and warnings about drinking and driving but they are oftentimes faced with behind-the-wheel distractions like mobile phones. And if their inexperience is to be added with these distractions the result could be tragic.
According to previously conducted studies, teens are more at risk for motor vehicle crashes because of their inexperience, misdemeanor as well as the influence of alcohol. Compared to older drivers, teens are more likely to underestimate the dangers in hazardous situations while on the road. They also have lesser driving experience to cope with su... (read more)
Author: Anthony Fontanelle
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25. Receipt of Stolen Property
June 07, 2006
Receipt of Stolen Property
Receiving stolen goods is generally buying or acquiring the possession of property knowing that it had been obtained through theft, embezzlement, larceny, or extortion by someone else. The crime is separate from the crime of stealing the property. To be convicted, the receiver must know the goods were stolen at the time he receives them and had the intent to aid the thief. Paying for the goods or intending to collect the reward for returning them are not defenses.
Receiving stolen property is a crime, which may be charged as a felony or as a misdemeanor, ... (read more)
Author: Darren Kavinoky
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