Since the “best of of the month” blog posts at DUI blog have received a lot of positive feedback, I thought it I should do the same here. I have searched far and wide and these are the best criminal defense blog posts that I have found in December. My disclaimer is this list purely my opinion and I am sure I am leaving out lots of deserving authors.
The amount of probation a person can receive for an Arizona criminal conviction is one of the questions I am most frequently asked. Thus, I have put together the following table. The table is based upon Arizona Revised Statute §13-902.
We should all be able to agree if you are charged with a crime, you should get a fair trial. An obvious prerequisite to a fair trial is that the jurors at least understand everything going on in the courtroom. That is, a juror should, at a minimum, be able to comprehend all evidence presented and understand the rules (i.e. the jury instructions) provided by the judge. What if a juror says to the judge, “I can’t read English” Upon
Law enforcement and prosecutors hear this defense all the time: “it wasn’t me.” If you went and visited a state prison, you would probably hear a lot of people behind bars say “it wasn’t me.” Let’s face it: a lot of people will not own up to a crime that they have committed. Thus, when you hear someone say “it wasn’t me,” your natural assumption is that the person is lying. However, according an article by Debra Cassens Weiss, a
What is S.A.I.D. Syndrome? Because of the growing number of false sexual allegations in divorce cases the term SAID syndrome was created to identify the problem. What are some scenarios in which we commonly see false allegations of sexual misconduct with a minor? (1)The allegation of sexual abuse occurs only after a divorce or other legal proceeding is initiated; (2) Where one of the parents is suffering from some type of trauma or mental illness (which may or may not
Drug use seems to be a never-ending problem in Arizona. As a result, we have a never ending amount of people becoming criminals. If you were sitting in one of Arizona’s courts devoted solely to the resolution of drugs cases, the lines would resemble those at Costco or Sam’s club. It is common for an Arizona court to handle over 100 drugs cases in a day. In practical terms, people are being made into felons for drug charges at an
Asset forfeiture occurs when the government claims someone has profited from criminal activity. The government will then attempt to seize the proceeds of that criminal conduct. However, law enforcement often seizes money and property well beyond what the law allows. Common scenarios include a person who was not involved in a crime yet has their property taken; or when there has been a minor crime, but there is substantial overreaching by the government in what they take from the person.
Criminal convictions can devastate a person’s future. Even mere contacts (i.e. arrests, investigations or acquittals) with the criminal justice system can impact a person’s professional, social and financial welfare. Arizona law does provide for some remedies to mitigate the impact of a history with the criminal justice system. Many people ask the question, “Can a criminal conviction be expunged?” Arizona does not use the term expungement, but there are remedies similar to expungement. Below is a list of answers to frequently
There are many crimes in Arizona that result in a person serving a term of jail. A term of jail can devastate a person’s career. However, there are two programs that will allow a person to continue working while a person is serving a term of jail. Furthermore, these programs DO NOT extend the time a person spends in custody. Under both the Work Furlough and Work Release programs, a person may continue working and fulfill the requirements of their
Arizona Aggravated Assault cases come in many different forms: (1) A person driving a vehicle, while impaired, injures another person; (2) A person who points a gun at another person and threatens them; or (3) A bar fight where one of the people suffers a “Serious Injury.” Moreover, if a “dangerous instrument” is used or a “Serious Injury” occurs, then the government will make an allegation that the Aggravated Assault is a “dangerous” offense. The dangerous allegation is the scariest
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