We have written a couple of articles in the last year about civil asset forfeiture. It is a procedure under which the government seizes property allegedly used in connection with criminal activity. Until a year ago, forfeiture in Arizona was utilized where the police...
Blog
Defense Lawyers Can Challenge Law Limiting Contact with Crime Victims
We all agree that crime victims need to be protected against harassment and other wrongful acts. On the other hand, the “protection” provided in Arizona goes far beyond what may be necessary to shield crime victims from harassment. In fact, the law expressly prohibits...
Assault vs. Aggravated Assault – What’s the Difference?
When people think about the crime of assault, many different things may come to mind. It could be simple: an argument that results in a shoving match, a fist fight, or perhaps just putting another person in fear of physical injury. In more serious cases, there could...
Domestic Violence – The Rules Are Changing in Some States
When we think about domestic violence, most people envision physical violence of one sort or another. Indeed, in Arizona, the definition of “domestic violence” includes acts that are themselves crimes, coupled with a relationship such as marriage, parent/child,...
Criminal Cases and Statutes of Limitation
Most people have heard of statutes of limitation. For example, in most cases in Arizona you have two years after an accident to file a personal injury lawsuit for damages. But how many people know that these types of statutes – which place limits on how long a case...
Bombs Found on ASU Campus
A recent report claims that bombs have been found at the Tempe campus of Arizona State University. The bombs were allegedly discovered in one of the school’s residence halls. According to the police, the discovery came after the publication of a social media post...
Insanity Defense or Incompetence to Stand Trial
A recent article reported that a man was raising an insanity defense in a sexual assault and murder case. The man is accused of sexually assaulting two women and then stabbing them fatally almost 30 years ago, in separate incidents. He has been in custody for six...
Threatening or Aggravated Assault?
In a recent news article, Phoenix police are quoted as saying they are looking for a man who allegedly attempted to steal a cell phone from a Target store. They also claim that after the attempted theft, the suspect pulled out a knife and threatened an employee of the...
Hindering Prosecution in Arizona
What happens if you conceal evidence of a crime committed by another person? In Arizona, the offense is called “hindering prosecution.” A.R.S. 13-2510. But what does that actually mean? A recent news report centered on the death of a Phoenix woman earlier this year....
DOJ Targets PPP Loans for Alleged Fraud
The federal Paycheck Protection Program (PPP) was set up under the CARES Act (Coronavirus Aid, Relief, and Economic Security Act). It was designed to stimulate the economy by providing funding through the Small Business Administration to companies that qualified. As...
Arizona Victims’ Rights – A Shield or a Sword?
Some laws, said to protect one problem or another, in reality may infringe upon our most basic rights. For example, in Tinker v. Des Moines, the issue was whether public school officials could ban students from wearing armbands to protest the war in Viet Nam. The U.S....
Black Man Gets New Trial on Assault Charges – Confederate Memorabilia in Jury Room
Imagine that you are Black man on trial for assault and related offenses. Not only is every member of the jury of your “peers” white, but the entire jury deliberation room appears to be a tribute to the Confederacy. A Tennessee man faced just that situation, and after...
What are the Elements of a Conspiracy in Arizona?
We read on a regular basis about individuals charged with “conspiracy” to commit one offense or another. But just what does that mean? What is a conspiracy? What does the prosecution need to prove in order to obtain a conspiracy conviction? And what is the...
Restoring Your Right to Vote
If you are convicted of a felony in Arizona, the consequences can include more than prison, fines, and probation. Under A.R.S. 13-904, numerous rights you previously enjoyed as a citizen will be “suspended” as a result of the conviction. Which rights are suspended...
Civil Forfeiture without Conviction Still Alive in Arizona
Earlier this year, we reported in our blog on HB 2810. The bill was signed by Governor Ducey in May 2021. It sought to rectify the injustice of civil forfeiture. Under the prior law, there were essentially no standards to justify the seizure by the state of...