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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....
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...
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...
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...
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...
Eighteen former NBA players have been charged with conspiracy to commit health insurance fraud and wire fraud. They were indicted in federal court in New York. The defendants include former players from the New Jersey Nets, the Los Angeles Lakers, the Boston Celtics,...
Carlos Hernandez is currently incarcerated in an Arizona (private) prison. He pleaded guilty earlier this year to one count of possession of dangerous drugs and was sentenced to a term of 2.5 years. According to a complaint filed this week in Maricopa County Superior...
As the pandemic continues, many employers are requiring their employees to be vaccinated (or submit proof of negative COVID test results) as a condition of continued employment. The reactions to these requirements vary, from those who believe the move will help end...
Although we hear certain terms on a regular basis, we may not really understand what they mean. For example, what is the difference between a misdemeanor and a felony? At first blush, most people would assume that misdemeanors are minor offenses, like shoplifting or...
In a press release issued last week, the United States Department of Justice announced that it has opened an investigation of both the City of Phoenix and the Phoenix Police Department. The announcement was made by Attorney General Merrick Garland and Kristen Clarke,...
The American Civil Liberties Union (ACLU) has filed a lawsuit against the Maricopa County Attorney challenging the policy of the MCAO regarding its plea bargain policy used in criminal cases pending in the Early Disposition Court (EDC). The lawsuit, entitled Luckey...
When most people hear about “credit card fraud,” they envision some complex scheme involving discovering your card number or other information through hacking. While that certainly does occur, and may constitute credit card fraud, the definition of the offense in...
The number of arrests for driving under the influence, or DUI, has grown over the last couple of years not only in Phoenix, but throughout Arizona. An example is the number of DUI arrests over Memorial Day weekend this year, compared with last year. While a comparison...
A new bill signed into law last month by Governor Ducey legalized the use of testing strips to detect the presence of fentanyl in controlled substances. In the wake of skyrocketing drug deaths due to opiate overdoses, the new law will allow the purchase of the strips...
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...