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From the Gavel Daily newsroom

How to Seal a Juvenile Record Before Your Teen Applies to College
Juvenile Crimes12h ago

How to Seal a Juvenile Record Before Your Teen Applies to College

Sealing a juvenile record can take months, and college applications go out in the fall of senior year. This four-step checklist for parents uses California and Texas law as examples and covers what colleges can still ask.

White Collar Crime1d ago

Wire Fraud Explained for People Who Never Sent a Wire

A federal wire fraud charge does not require a bank wire, or even a false email. Here is how 18 U.S.C. § 1343 works, what prosecutors must prove, where the Supreme Court has limited it, and what to ask your lawyer first.

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Plea Bargains1d ago

Does a Judge Have to Accept the Plea Deal You Negotiated?

A York County, S.C. judge turned down a negotiated 12-year plea in a felony DUI death case. Here's why judges can reject plea deals, the difference between binding deals and recommendations, and how to protect your right to withdraw a guilty plea.

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Drug Offenses1d ago

Pennsylvania Can Charge a Friend Who Shared Drugs Like a Dealer After an Overdose

On Oct. 13, 2026, the Pennsylvania Supreme Court ruled 7-0 that people who buy and use drugs together have no special defense to drug delivery resulting in death. Here's what the ruling means, what the charge carries, and which arguments are still open.

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Plea Bargains1d ago

Can Prosecutors Withdraw a Plea Deal After You Accept It?

The Supreme Court's refusal to revive the Guantanamo plea deals raises a question every defendant should ask: if you said yes to an offer, is it locked in? Usually not until you plead guilty. Here is how the rules work and what to get in writing.

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Assault1d ago

Assault vs Battery: The Difference That Changes Your Charge

Under the traditional rule, assault is the threat and battery is the contact. California, Florida, Texas and New York each label these offenses differently, so the elements in your charging document matter more than the name.

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Assault1d ago

Does Severe Mental Illness Make Someone Legally Insane in Ohio?

In Ohio, a serious mental illness can take the death penalty off the table and still fall short of insanity. The Rodney Hinton Jr. case shows how both findings can be true, and what the insanity test requires.

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Domestic ViolenceOct 21

Is Self-Defense Still an Option When Both Partners Were Injured?

A Casper, Wyoming jury acquitted a man of strangulation and domestic battery after a trial where both people were hurt. Here is how self-defense works when injuries cut both ways, and who has to prove what.

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Domestic ViolenceOct 20

Who Still Has to Pay Cash Bail on a Houston Misdemeanor?

A federal judge refused on October 5, 2026 to end the ODonnell consent decree. Most people arrested on a Harris County misdemeanor still go home without paying cash. Family violence, protective order and repeat DWI cases are handled differently. Here is who gets released and who gets a hearing.

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Plea BargainsOct 19

Should You Take the First Plea Offer? Questions to Ask Before You Sign

The first plea offer often arrives before your defense has seen the full case. Supreme Court rulings and Federal Rule 11 explain why, and what to ask before you sign.

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Federal CrimesOct 18

Can You Own a Gun After a DUI Conviction?

A DUI can trigger a federal lifetime gun ban if the offense carried a maximum sentence over two years, even when the state calls it a misdemeanor. A new 8-6 Third Circuit ruling changes the picture for some people in four jurisdictions.

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Drug OffensesOct 17

What Colorado's Fentanyl Ballot Measure Would Change for a Possession Charge

Colorado voters decide on November 3, 2026 whether any amount of fentanyl possession becomes a felony and distribution of any amount carries a mandatory 8 to 32 years. Here's how the proposal compares to the law that applies to charges filed today.

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White Collar CrimeOct 16

What Happens When You Can Never Pay Back Federal Restitution

Two federal fraud sentencings on Oct. 15, 2026 ended in restitution orders of $63 million and $166,000. Here is how federal law treats a restitution debt you cannot pay: how payment schedules are set, how long the debt lasts, whether bankruptcy wipes it out, and when missed payments can send you back to prison.

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AssaultOct 15

What Happens at Arraignment After a Misdemeanor Assault Arrest

A misdemeanor assault arrest leads to booking, a bail decision, a first appearance and an arraignment, usually within a few days. Here is what each step decides, which rights apply, and where a lawyer can change the result.

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Federal CrimesOct 14

Facing Federal Sentencing? The Supreme Court Is Deciding Who Interprets the Guidelines

In Beaird v. United States, the Supreme Court is deciding whether judges must follow the Sentencing Commission's commentary. Here's how that commentary can raise a federal guideline range and which objections defendants can raise now.

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DUI/DWIOct 13

Are DUI Checkpoints Legal if They Rarely Catch Drunk Drivers?

A California checkpoint stopped 275 vehicles and made one arrest. A North Dakota checkpoint found no impaired drivers. The Supreme Court still allows checkpoints, but some state courts ban them, and the Supreme Court's ruling has limits that matter if you were arrested at one.

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Theft & FraudOct 12

Felony Theft Amount by State and How Value Decides Your Charge

The same item, taken the same way, can be a misdemeanor in one state and a felony in the next. Here is where the felony theft line sits in 11 states, and the value, aggregation and prior-conviction rules that can move a charge across it.

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AssaultOct 11

Can You Be Acquitted but Sued in Civil Court for the Same Act?

A Florida jury acquitted former deputy Eddie Duran of manslaughter on Oct. 1, 2026, but the Fortson family's federal civil rights suit, filed in May 2025, is still pending. Why a not guilty verdict does not end civil exposure, and what to do if you are sued.

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Plea BargainsOct 10

Can a Judge Sentence Below Guidelines After a Guilty Plea? A Fraud Case Where 46 Months Became 18

Prosecutors asked for at least 46 months. The judge imposed 18. A Manhattan federal fraud sentencing shows that a guilty plea settles guilt, not the sentence, and how mitigation shapes the final number.

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ExpungementOct 9

Will Missouri Wipe Your Old Drug Charge Automatically?

Missouri's new law, RSMo 610.141, requires the state to clear certain drug possession and paraphernalia convictions without a petition, starting no later than January 1, 2027. Here are the five tests your record has to pass, and what to do if the system misses you.

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Federal CrimesOct 7

When Can Your Lawyer Get Evidence Thrown Out?

A federal judge in Oklahoma threw out about 91 pounds of methamphetamine after a deputy searched a month of plate-reader history without a warrant. Here is how a motion to suppress evidence works, step by step, from the deadline to a possible government appeal.

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White Collar CrimeOct 6

Why Did Two Multimillion-Dollar Fraud Cases Draw Such Different Sentences?

In the same week, a Massachusetts woman got 22 months for an $18 million loan fraud, and three Detroit defendants drew a combined 235 months. The dollar loss was not what separated them. Here is how role, the charges and plea terms shape a federal fraud sentence.

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Plea BargainsOct 5

Public Defender or Private Attorney for a Misdemeanor? How to Choose

Charged with a misdemeanor and unsure whether to take a public defender or hire your own lawyer? Here's when you have a right to free counsel, what "free" can cost, how caseloads affect your case, and how to decide.

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Federal CrimesOct 3

What Makes Lobbying for a Foreign Government a Crime?

A FARA filing failure carries up to five years. Former Rep. David Rivera got 10. Here's how willfulness, the commercial exemption and paired money laundering counts decide what someone accused of unregistered foreign lobbying actually faces.

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Federal CrimesOct 2

Four Supreme Court Cases That Could Change Your Sentence

The Supreme Court's new term opens Oct. 5. Four criminal cases argued this fall could affect federal sentencing ranges, First Step Act time credits, second habeas petitions on death row, and property forfeiture.

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Theft & FraudOct 1

Inside an Embezzlement Case, From the Employer's Audit to Restitution

Most embezzlement cases begin with an internal audit or HR meeting, not an arrest. Here is how the case moves from that first interview to charging, plea talks, sentencing and restitution, and the choices that shape the outcome at each stage.

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Juvenile CrimesSep 30

How Families Can Challenge a Gang Label Before It Follows a Teen to Court

Florida's new gang membership criteria take effect October 1, 2026. Online posts, being claimed by a gang, and two sightings with known members can now count toward the label. Here is how the label works in juvenile court and how families and defense lawyers can push back.

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ExpungementSep 29

Is Your Old Shoplifting Record About to Be Sealed in Virginia?

Starting October 1, 2026, Virginia State Police begin sending courts monthly lists of old shoplifting, petit larceny, trespass, disorderly conduct and small-scale marijuana distribution convictions to be sealed. Three rules decide whether yours makes the list, and a free petition covers cases that don't.

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Domestic ViolenceSep 28

What Happens When the Victim Wants to Drop Domestic Violence Charges?

The accuser says they want to take it back, but the case keeps moving. Here's why the prosecutor, not the complaining witness, controls a domestic violence case, and which evidence can be used without their testimony.

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DUI/DWISep 27

Third DUI in California: Felony or Misdemeanor Under the New Law?

Gov. Newsom signed AB 1546, which lets a third DUI within 10 years in California be charged as a felony or a misdemeanor. The new penalties are set to take effect Jan. 1, 2027. This guide covers who decides the charge level and what to do now if you have been arrested.

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DUI/DWISep 26

Pleading Down a California DUI Will Soon Come With a Murder Warning

Starting Jan. 1, 2027, Braun's Law requires California courts to give the Watson murder advisement when a DUI charge is pled down to a different or lesser offense. Here's what the judge will say, what the new law leaves out, and what it means for a plea offer.

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Juvenile CrimesSep 25

Can a 14-Year-Old Be Tried as an Adult in Texas?

A 14-year-old charged with murder after a shooting near Westfield High School is at the youngest age at which Texas law allows transfer to adult court. Here's how certification works, what the judge weighs, and what families can do before prosecutors decide.

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DUI/DWISep 24

Why Your Blood Alcohol Could Have Been Lower While You Were Driving

A breath or blood test measures alcohol when the test is taken, not when you were driving. Here is how the rising blood alcohol defense works, what courts require before they accept timing estimates, and how some state laws limit the argument.

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Domestic ViolenceSep 23

What to Do the Day a No Contact Order Lands in Florida

A Florida no contact order takes effect the moment it is handed to you, and on October 1, 2026 breaking one becomes a crime of its own rather than just a bond problem. Here is what counts as contact, what the new law adds, and the moves that matter in the first 24 hours.

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Federal CrimesSep 22

Can Border Agents Search Your Phone Without Any Suspicion?

The Second Circuit ruled on September 17 in United States v. Alisigwe that CBP officers can manually look through a traveler's phone at the border with no warrant and no suspicion. The court left open whether copying or forensically analyzing a phone needs more.

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DUI/DWISep 21

How to Save Your Driver's License After a DUI Arrest

After a DUI arrest, your license faces its own case at the DMV, and it moves faster than the criminal charge. Most states give you 10 to 15 days to request a hearing, and some give up to 30. Here is how the deadline works, what the hearing decides and what you lose by missing it.

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Theft & FraudSep 20

How a Real Warrant Reaches You (and Why It Never Calls)

A caller says there is a warrant for a missed court date and a payment will clear it. Real warrants are signed paper in a court file, served by mail, in person, or by an officer. Here is how the document is created, how a missed appearance actually escalates, and the free clerk of court check that tells you where you stand.

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Juvenile CrimesSep 19

Juvenile Court vs Adult Court for Maryland Teens Charged With Assault or Gun Offenses

Starting October 1, 2026, many Maryland 16- and 17-year-olds charged with first-degree assault or handgun offenses begin in juvenile court, not adult court. Here is how the two systems differ, how a case can still be moved up or down, and what families should do this week.

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Drug OffensesSep 18

Prop 36 Drug Treatment Rarely Ends in a Dismissed Charge

A CalMatters investigation published Sept. 17, 2026 found that 57 of 18,666 treatment-mandated felony drug cases were dismissed after graduation. Here is how Prop 36 drug treatment works, what the required guilty plea risks, and what to ask your lawyer before you choose it.

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Domestic ViolenceSep 17

Domestic Violence Gun Rights: Why a Misdemeanor Conviction Ends Them for Life

A misdemeanor domestic violence plea can look like the cheap way out of a case. Under 18 U.S.C. 922(g)(9) it is the one disposition that ends firearm possession permanently, with no police or military exemption, and most people find out years later at a gun counter.

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Plea BargainsSep 16

Will Six Jurors Decide Your Felony Case?

The Supreme Court will decide in Kian v. Florida whether states can try serious felonies before juries smaller than 12, as Florida and Connecticut do with six jurors. Learn what a smaller jury changes at trial and what the pending case means for a plea decision you may be weighing now.

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Drug OffensesSep 15

Which Hemp THC Products Become Federal Drug Crimes, and When?

A September 2 law pushed most of the federal hemp redefinition to December 11. Delta-8 and THCA flower change on the same day. Only compounds the cannabis plant cannot make, like THC-O, lose hemp status on November 12.

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Domestic ViolenceSep 14

How a Domestic Violence Misdemeanor Moves From No-Contact Order to Trial

A stage-by-stage domestic violence case timeline for a misdemeanor charge: the hold, the no-contact order, arraignment, discovery, confrontation rights, plea offers and trial.

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Juvenile CrimesSep 13

How a Child Gets Moved From Adult Court Back to Juvenile Court

When a child's case starts in adult court, a reverse waiver motion may send it back to juvenile court. Wisconsin's Supreme Court is now weighing whether judges must consider a child's age.

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White Collar CrimeSep 12

How Long a Federal Fraud Appeal Takes, Step by Step

A federal fraud appeal is mostly waiting, punctuated by a few deadlines that end your case if you miss them. Here is the sequence, from the 14 day notice of appeal to the Supreme Court's 90 day window, with the federal median attached to each stage.

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White Collar CrimeSep 11

What a Presidential Pardon Does Not Erase in a Fraud Case

A pardon ends the criminal case, not the fight over money. A Sept 9, 2026 ruling in the Nikola founder's case shows what clemency removes and what it leaves in place: investor suits, arbitration awards, the conviction record and state exposure.

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Theft & FraudSep 10

Should You Pay the Letter a Store Sent After a Shoplifting Stop?

A letter demanding a few hundred dollars after a shoplifting stop is not a fine or a court order. Learn what paying does and does not do, what ignoring it risks, and when to call a lawyer first.

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Drug OffensesSep 9

Did a License Plate Camera Put You in This Case?

A camera "hit" buried in a police report can be the reason a stop happened at all. Here is what license plate reader evidence actually proves, how often the systems are wrong, and the exact records to demand before the data ages out.

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AssaultSep 8

Who Can Be Denied Bail in Texas Now?

Texas voters added Section 11d to the state constitution in November 2025, letting judges deny pretrial bail in nine specific felony cases. The charge alone does not decide it. A prosecutor has to ask, and then has to prove one of two theories at a hearing where you have a right to a lawyer.

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Theft & FraudSep 7

The Dollar Line Between Misdemeanor and Felony Theft, State by State

The same item taken from the same shelf is a misdemeanor in one state and a felony across the state line. Here are the verified dollar thresholds in seven states, plus the three mechanisms that move a case over the felony line no matter what the receipt says.

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