Criminal Law

Hobbs Act Generally
The elements with respect to a violation of the Hobbs Act are as follows: 1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property. More...
Arraignments
After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged. The defendant is also apprised of his right to: More...
Criminal Liabilty for Violating Environmental Statutes
The Federal Insecticide, Fungicide and Rodenticide Act Generally and Penalities More...
Criminal Violations of the Resource Conservation and Recovery Act of 1976
The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit. More...
CONDUCT & CAUSATION
A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More...

Areas of Practice

  • Assaults
  • Automobile Accidents
  • Commercial Vehicle Liability
  • Criminal Law
  • Drug Offenses
More

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Whaley, C. David website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap