Unlike some states, Arizona does not have an expungement law that allows, under certain circumstances, for a prior criminal conviction to be essentially erased from the record. But a new law recently signed by Governor Ducey, and going into effect in August of this...
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New Bill Would Reform Arizona’s Civil Asset Forfeiture Law
A new bill, HB 2810, has been passed by the Arizona legislature and is headed to Governor Ducey for signature. If signed, the new law would make sweeping changes to Arizona’s current asset forfeiture law, which is one of the harshest in the country. What Does Civil...
Preliminary Agreement Includes Phoenix Police Reforms
It’s time for the negotiation of a new contract between the City of Phoenix and the Phoenix Law Enforcement Association (PLEA), the union representing the Phoenix police. According to the city, a tentative agreement has been reached. And that tentative agreement...
New Bill Would Allow Arrest and Conviction Records to be Sealed
Under a new bill, you may qualify to have your criminal record sealed by the court. The bill, HB 2320, just passed by the Arizona House of Representatives and is awaiting action by the Senate. Even when you have been convicted of a relatively minor offense, a...
What is Drug Paraphernalia?
We have all heard of drug paraphernalia, and most people think they understand what the term means. But a look at the statute in Arizona which makes possession of drug paraphernalia a crime, shows that the definition is much broader – and much less clear – than you...
Competency Hearing for Alleged Phoenix Courthouse Shooter
Back in September, a shooting occurred outside the federal courthouse in Phoenix. It is alleged that a 65-year old man opened fire on a security officer outside the building. One of the three shots fired hit the guard in the chest, but he was wearing a bulletproof...
Tennessee YouTube Prank Robbery Turns Deadly
An attempt to capture a prank armed robbery for YouTube ended with one of the pranksters dead from a gunshot. Two young men approached a group of people outside a Nashville business holding butcher knives. One of those people, apparently believing that the robbery was...
New Arizona Laws
While the United States and much of the world is understandably focusing on the COVID pandemic and the inauguration of a new President and Vice President, life in our state does go on. And that includes new laws that are readers may be interested in which affect...
Phoenix Domestic Violence Homicides Up 180%
As of the late summer of 2020, domestic violence-related homicides in Phoenix were up by 180% over the same period in 2019. Phoenix is not alone in this area, although the percentage rise is perhaps unique. Other large cities are facing the same disturbing trend in...
Phoenix Crime Reporting Data Could be Rejected by the FBI
Crime statistics, like many statistics, are only as good as the information they capture. For many years, governmental entities provided crime reports through the Uniform Crime Reporting (UCR) Program. Under the UCR, various crimes were tallied up, and the system...
University of Arizona Crime Report: “Underreported Crimes”
The University of Arizona has just released its Annual Security and Fire Safety Report for 2020. The report, among other things, compares crime statistics on campus from 2017 through 2019. The report is required under federal law, specifically the Clery Act. We think...
COVID and DUI Arrests in Arizona
You would certainly assume that the Coronavirus pandemic would have affected the number of people accused, driving under the influence, as well as the number arrested for DUI. With fewer people out and about town in bars and restaurants, you would expect a...
Arizona Prop 207 Legalizes Recreational Use of Marijuana
While medical use of marijuana has been legal in Arizona since 2010, voters have, until the election this month, resisted going further. Unlike Washington and Colorado, which became the first states to legalize marijuana for recreational use, Arizona rejected the...
Diversion for Domestic Violence Offenses
Domestic violence is a serious issue in Arizona and throughout the country. On the other hand, many domestic violence cases involve relatively minor offenses. What might be viewed as a scuffle in one context is viewed in a much more serious light when the act is...
Failure to Track Problem Cops – Arizona’s Brady Lists
There have been countless problems over the years involving the police withholding potentially exculpatory material in criminal cases. In 1963, in a case entitled Brady v. Maryland, Brady and another man were convicted of murder, and both were sentenced to death....