Theft

ARIZONA CRIMINAL LAW: Sometimes It Is Just About Fairness

The Arizona Supreme Court’s holding in State v. Geeslin was a rare event. In most circumstances, when a court makes a mistake, a formal objection to the court’s ruling must be found in the record. Put another way: if you fail to object to a court’s decision, you waive your right to appeal the ruling. However, as shown in Geeslin, there are some exceptions. In Geeslin, the defendant was arrested for putting shoplifted goods in a stolen vehicle and was

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The Growing Number of Arizona Telemarketing Fraud Cases

According to the United States Department of Justice “Telemarketing Fraud” is: any scheme to defraud in which the persons carrying out the scheme use[s] the telephone as their primary means of communicating with prospective victims and trying to persuade them to send money to the scheme. Arizona has a unique history with the telemarketing industry. Many of the “pioneers” of mass telemarketing started in Arizona and it was a tremendously lucrative business.  However, once many of the people involved in

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What is the Crime of Burglary in Arizona?

Burglary is defined as entering onto the property of another with the intent to commit any theft or any felony thereon.  In Arizona, there are three separate degrees of burglary. As defined in A.R.S. 13-1506, a person commits a third degree burglary by “entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.”  Third degree is a class 4 felony in

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When Gerry Spence Speaks – I Listen!

It is undisputed that Gerry Spence is one of, if not the, best trial attorneys on planet earth.  I don’t care what he is talking about, I am listening. Mr. Spence represented a man named Brandon Mayfield. Mayfield, an American Lawyer, was accused of being connected with the deadly train bombing in Madrid, Spain. As it turns out, he was wrongly accused. As a matter of record, the government ended up paying Mr. Mayfield $2 million dollars in a civil

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I Posted My Bail – So Why Won’t They Let Me Out of Jail?

So you posted your bond, you are ready to be released…ready to go home, but you are told the government will not let you go free until you have a Nebbia hearing.  In frustration, you ask “what is a Nebbia hearing?”  What is a Nebbia hearing? A Nebbia hearing, named after the case of U.S. v. Nebbia, 357 F.2d 303 (C.A.N.Y. 1966), is a hearing in which the court must decide whether or not the money or property posted as bail

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Resources for Arizona Theft Crimes

Below is a list of resources that provide useful information regarding theft crimes. Federal Trade Commission: The U.S. Government’s central Web site for information about identity theft includes government reports and Congressional testimony, law enforcement updates, consumer alerts, and links to other sites with helpful information. U.S. Secret Service Financial Crimes Division: The Secret Service investigates crimes associated with financial institutions, including bank fraud, access device fraud, telecommunications and computer crimes, fraudulent government and commercial securities, and electronic funds transfer fraud.

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