Defense Attorney: “I am moving to suppress the officer’s testimony.” Prosecution: “Why? We disclosed the evidence as soon as we got it.” -Flashback 12 hours- It is the night before trial and your email shows a new message. It is from the attorney you will be in trial with – tomorrow morning. He writes, “We just realized that there is some evidence we intend use tomorrow that you are unaware of.” It turns out the officer who arrested your client
The United States Supreme Court is deciding whether to hear a case where the prosecution is arguing – Brady evidence is not required to be disclosed before a preliminary hearing. The cases is: California v. Gutierrez ISSUES PRESENTED Does the due process obligation, outlined in Brady v. Maryland, require prosecutors to provide exculpatory evidence to a defendant before a preliminary hearing at which a magistrate determines whether sufficient cause exists to require the defendant to stand trial? May a state
Daubert is the name of an United States Supreme Court case regarding the admissibility of scientific evidence: Daubert v. Merrell Dow Pharmaceuticals, Inc. While the case was decided in 1993, it’s holdings are new to Arizona. Despite some arguments to the contrary by a few luddites, Arizona adopted it on January 1, 2012. Arizona’s change to a Daubert standard for challenging scientific evidence may be the most significant event our court have ever encountered. Currently, there are 31 other states that have adopted
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
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.
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
Below is a list of resources for information on domestic violence. Arizona Coalition Against Domestic Violence 301 E. Bethany Home Rd. Phoenix, AZ 85013 Phone: 602-279-2900 FAX: 602-279-2980 TTY: 602-279-7270 1-800-782-6400 E-mail: acadv@azcadv.org The Arizona Coalition Against Domestic Violence 602-279-2900 or 800-782-6400 National Domestic Violence Hotline 1-800-799-7233 Arizona Humane Society Project Safe House 1-602-997-7585 Ext. 134
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