The U.S. Supreme court recently upheld a state law which allowed police to take a DNA sample from any person arrested for a serious crime. The sample taken by swab was ruled comparable to that of fingerprinting or photocopying. Arizona is one of 28 states that allow a DNA sample to be taken of people arrested for certain crimes. Unlike the law brought before the Supreme Court, Arizona's law allows for blood draws which are considered exceedingly more intrusive than a swab. Arizona's law may be seen as a violation of the Supreme Court's ruling depending on when the blood sample is taken and under what circumstances.
]]> Although the U.S. Supreme court has weighed in on the issue a bright line test of when DNA can and cannot be collected has yet to be made. DNA collected in what can be called fishing expeditions has led to the arrest and conviction of criminals for past crimes. The Supreme Court failed to define for what crimes could a DNA collection not be made.DNA is something inheritably private to a human which explains why so many are resistant to the government doing wholesale collection. As society adjusts to DNA technology the line between privacy and protection will continue to be blurred.
Source: AZCentral.com, "Experts unsure how ruling will affect Ariz. Law," Michael Kiefer and JJ Hensley, June 4, 2013
]]>A Tucson townhome complex was surprised by a series of small explosions recently. The explosions all came from one of the units where two men and a woman were arrested in connection with the explosions. Only one of the individuals suffered injuries severe enough to require hospitalization. The incident occurred as the group was allegedly using a butane torch to remove hash oil. The police and bomb unit were called to the scene and a search warrant was served before the three were arrested. Police recovered two pounds of marijuana found at the scene.
]]> Arizona is one of a growing number of states to allow for the consumption of medical marijuana by certain adults. Those found in possession of marijuana without the proper forms can be charged under current Arizona law. Because the three were allegedly attempting to create hash oil they can be charged with drug manufacturing as well as possession and other charges.While the stigma and legal classification associated with some drugs, especially marijuana, are changing, possessing or using marijuana is still illegal in most states. But those arrested and hit with a drug charge still have the right to defend themselves in court.
Source: News 4 "Drug lab explosions rock townhome complex" Sean Mooney June 03, 2013
]]>The driver of tanker truck involved in an accident that resulted in the death of a police officer was charged with 19 felony offenses. The victim was an officer who parked his car on the side of the highway to complete paperwork on the crash scene that he previously responded to. Police closed one lane of the highway using a squad car with flashing lights to block off the lane. The driver of the tanker allegedly continued driving down the closed lane despite the flashing lights and officer's attempts to get his attention. The tanker reportedly crashed into the car blocking the lane, which in turned crashed into the victim's parked car killing him at the scene.
]]> Individuals can be charged with murder even if the death was caused by an accident. This is dependent on whether their actions fall in line with the statute. A degree of the murder charge will revolve around a person's intent, premeditation, the degree of recklessness and amount of negligence involved. The driver was charged with second-degree murder rather than negligent homicide or manslaughter. This is likely due to the perceived degree of recklessness involved.A strong defense is likely the best method of fighting charges levied against a person due to an accident. Even when there was no intent to commit a crime, individuals can find their life and liberty at stake if charged with a crime.
Understanding the circumstances surrounding the incident as well as the options for a defense is important for any driver in their defense against any type of charges. Ensuring a strong and proper defense is crucial and can be adequately conducted when the defendant is aware and educated about their situation.
Source: FleetOwner "Trucker charged with second-degree murder in accident that killed Arizona trooper" Deborah Whistler May 23, 2013
]]>Charges were recently brought against a Navajo lawmaker and another tribal employee for their alleged involvement in the theft of tribal monies. The charges are the most recent in a series of charges brought against members of the Navajo community by special prosecutors. Tribal lawmakers are accused of using money allocated for the Navajo community to pay themselves and other council members tens of thousands of dollars. The felony charges include fraud, bribery, and filing false vouchers among others and stem from the alleged behavior of the majority of the 88 Navajo lawmakers.
]]> A special prosecutor is normally an attorney who is hired by the government to investigate alleged misconduct by a government official while in office. This is done to avoid conflicts of interest between the government and the party they are investigating. There is a distinction between an independent and special prosecutor which is determined by who hires the attorney, who the attorney is investigating, and if there is a public interest involved.For many, the crimes that hurt the most are the ones carried out by those they trust. Whether it's a felony charge or a misdemeanor, serious charges can affect the trust that has been earned from others. In small communities where trust and reputation mean everything, the negative effects of a charge even without a conviction can cause irreparable harm.
Source: TheRepublic "Prosecutors file more criminal charges in investigation of Navajo discretionary fund" AP May 10, 2013
]]>A 19-year-old is recovering after taking the synthetic drug nick named "n-bomb," which is supposed to be an alternative to LSD. The teen was in a medically induced coma for four days until the doctors could alleviate the seizures and hallucinations. Two weeks later the boy continues to suffer from episodes of memory loss. One use of the drug or its variation can prove fatal. There is currently one confirmed death and another likely death which resulted from the use of the drug. In both cases the teens thought the drug was LSD or acid, rather than a synthetic variation.
]]> Arizona recently passed a law which makes it illegal to possess or sell one of the chemicals needed to make a majority of the current synthetic drugs. Because this synthetic drug results in death those who sell the illegal drug may face more severe charges than those normally associated with the possession or selling of drugs. Because of the speed in which the drug manufacturing industry can change the chemical components of these drugs a legal variation could be created, but that does not eliminate the problems with the drugs lethal side effects.Source: AZCentral, "N-bomb' drug stirs fear in Phoenix area," JJ Hensley, May 3, 2013
]]>Sheriff's answered a call placed from Fossil Creek campgrounds last Saturday reporting an alleged case of family violence and accusations of bodily injury. According to the victim, the family was enjoying a night of camping in Yavapai County when the father of her child allegedly picked her up and threw her to the ground. The woman claims she struck a rock on the ground causing her to lose consciousness temporarily. When family members intervened the man allegedly produced a handgun and begun firing in their general direction causing them to flee. The husband was later found by police asleep at the campsite, at which time he was taken into custody.
]]> Recently Arizona has acknowledged the growing problem of domestic violence. The state has enacted new laws aimed at curbing the abuse by widening the definition of what is considered domestic abuse. Under the new law, attacks such as choking a family member have been included under the umbrella of domestic violence. In addition, changes were made which make it easier for prosecutors to levy alleged offenders with aggravated charges that carry with them increased penalties.Being on the receiving end of domestic violence charges can have a drastic effect on a person's reputation and community standing, not to mention their ability to get and maintain a job. Since family misunderstandings often feature multiple accounts, it is helpful for those accused of domestic crimes to seek professional legal help in relating their side of the story.
Source: Verdenews, "Domestic violence, gunfire alleged at Fossil Creek," May 2, 2013
]]>A Tuscan man was arrested on Friday. He was charged with sexual exploitation of a minor, among other things. The alleged relationship started when the 13 year old girl was taken to a ski resort for snowboarding lessons. According to the girl's father, the 23-year--old instructor allegedly took an interest in the girl, going as far as secretly exchanging numbers with her before the end of the trip. After discovering they lived close to each other, the two allegedly began a sexual relationship that ended when the girl told her parents what she was doing. During a search of the girl's phone, police allegedly found messages with sexual references in them to a 20-year-old man.
]]> The man faces at least five felony charges, stemming from his alleged contact with the girl. If convicted, the man faces serious jail time, fines and being placed on the Registered Sex Offender List. Even if the man is not convicted, these charges will likely affect his reputation, and his ability to find a job.Being accused of a sexual crime is a serious situation. While being convicted of a sexual crime is likely to bring a lifelong negative status, even being charged with sex crimes can have a devastating effect on one's reputation. This is why it is so important to plan an immediate strong defense as soon as possible.
Source: Arizona Daily Star, "Tucson men charged in sex exploitation cases involving children," Kimberly Matas, April 20, 2013
]]>According to previous reports, police allege that the mother convinced her son and his friends to kill his dad so they could collect life insurance money. Police also say that the crime was staged as a random drug killing so that the wife would be able to collect the insurance money. While the alleged acts were taking place, the mother and her daughter were out shopping.
]]> However, the mother has claimed that her husband was abusive and had a history of committing acts of domestic violence against her. One implication of this is that the family may have been in legitimate fear of the victim when this crime occurred.After all, family violence is a common occurrence, and it can leave the victim afraid, and even afraid enough to take extreme action. It is likely that such situations arise from a combination of desperation and other psychological factors rather than from a dark criminal mind. Arguments taken too far have led to deaths which tear families apart.
The wife is currently being held without bond and is likely to be charged with capital murder among other charges. While some had argued for her release pending trial, the judge decided otherwise after hearing that her family owned a piece of property outside of the country.
While even the police acknowledge that the mother was not directly involved with the actual attack, she can still be found guilty of the murder if she is found to have participated in the crime. Especially if her late husband was abusive and did put her in a permanent state of fear, she will need an aggressive defense that will tell her side of this tragic story.
Source: FoxPhoenix, "Mother, son plead not guilty in murder case," Jill Monier, April 6, 2013
]]>A 15 year old boy from Phoenix stabbed his father to death after the man got into a fight with the teen and his mother. The fight happened after the 36 year old man returned home drunk. The drunken man allegedly started a fight with his wife and son. The fight eventually moved to the front yard during which the man grabbed and waved a knife around threatening them. The boy grabbed the knife from his father and stabbed him inflicting the injury which claimed the man's life. After being questioned by police the boy was released.
]]> In certain instances a crime can be committed to stop or prevent another crime from occurring. Even though the boy took the life of another because he was acting to preserve the life of himself and others he can claim he acted in self defense. Even though his actions were to protect himself he can still be charged with an alleged crime by prosecutors. It would then be up to the boy to prove this his actions were indeed the result of self defense.Domestic violence cases are tragic as they involve violence against loved ones. Even in cases where the aggressor is stopped the victims can still suffer.
Source: FoxPhoenix "Phoenix teen stabs father during domestic violence situation," Jill Monier April 6, 2013
]]>A man who was accused of setting the deadliest fire in Arizona's history when he was just 16 years old has been released from prison. After 42 years inside of prison the man who had maintained his innocence is now able to walk around as a free man. His case was reviewed as the science behind arson investigation was proved faulty and states started reviewing past arson convictions. State's review of past cases started after evidence suggested a man who was put to death in another state for a fire that killed his three children may not have been guilty of the crime.
]]> Science has a long history inside of court rooms. DNA evidence and fingerprints have become the normal course of many cases. But as the National Academy of Science pointed out pseudoscience is being used to convict individuals of crimes for which they may be innocent. Because the man entered a plea of no-contest he is barred from suing those involved with his incarnationPeople's absolute faith in science is not only ill-advised but also carries with it real world consequences for those subjected to its perceived infallibility. While science is a great addition to the legal world it should not become the only litmus test of guilt.
Source: The Sydney Morning Herald, "'Welcome back, Mr Taylor': new evidence frees man 42 years after deadly hotel fire," April 5, 2013
]]>The United States Supreme Court ruled on Tuesday that having a dog sniff around an individual's property without a warrant was unconstitutional. The case started when police received a tip that a man may be growing marijuana inside of his home. The police proceeded to walk up to the man's home using a drug dog to see if it alerted. They then used the alert as a basis to get a warrant to search the man's home resulting in his arrest. At trial the search was deemed unconstitutional and the judge threw out the evidence and the Supreme Court's ruling upholds that decision.
]]> The Court has heard several other similar cases. The difference in this instance was that the search occurred at the man's home. Because the search was at the man's home it invoked the Fourth Amendment protection afforded to all citizens. The right protects individuals from certain types of government intrusion extending a right of privacy inside and along the curtilage of their home.While searches by drug dogs are still constitutional in other instances their effectiveness and the method of their use is continuing to be questioned in court.
Source: Fox News, "Drug dog sniff is unconstitutional search, Supreme Court rules," March 27, 2013
]]>A woman from Glendale, Arizona, was arrested on a drug charge recently in Tulsa, Oklahoma, for allegedly transporting several pounds of crystal methamphetamine in the lining of her luggage. The woman, who was held on a $25,000 bond, was charged with aggravated trafficking. Police were reportedly alerted about the woman through a tip which suggested she may have been transporting drugs. After a dog "alerted" to her bag a search allegedly revealed the drugs in her possession. Further details were not immediately available as the case involves an ongoing DEA investigation.
]]> While some states have lightened the penalties for possession of certain amounts of certain drugs, the federal government has made no such changes. Transporting drugs across state lines enters the drugs into interstate commerce, which makes it a federal crime. Federal drug charges are serious and the consequences can include lengthy prison sentences, probation and fines.The arrest was apparently unique because, as TSA stated, "TSA officers do not search for marijuana or other drugs." If someone is charged with a drug crime a strong defense may be able to lessen the consequences associated with a conviction.
Source: KJRH "Arizona traveler arrested at Tulsa International Airport for trafficking methamphetamine," March 20, 2013
]]>An Arizona man, a former teacher, is being accused of misusing funds placed under his care during his tenure as a math instructor and baseball coach. The funds he is accused of stealing were derived from donations and fundraising activities. It was the Auditor General's Office that reported the teacher's alleged misuse of over $10,000 during a two-year period. The alleged misuse came in the form of paying coaches for preseason coaching, in violation of interscholastic rules, and deposits into his personal accounts. The report resulted in the Attorney General's office issuing charges against the former teacher for his suspected behavior.
]]> In this case of supposed fraud, the former teacher may face charges for the misuse of public funds in addition to his felony theft charges. While the ten thousand dollar amount is relatively low considering the news of million- and billion-dollar schemes, the charge, like most felonies, still carries with it the possibility of serious penalties such as jail time.Teachers are often praised and demonized in the same breath for the condition of the United States educational system. It is often easier to blame an individual for a specific action than the system that created the environment which made the action necessary. Prosecution of such individuals can rely heavily in this demonization, which is why experienced representation is necessary for rebutting this characterization.
Source: AZFamily, "Former PV district teacher accused of stealing thousands," Tami Hoey, March 13, 2013
]]>A Phoenix man was recently arrested and charged with at least 12 felonies. The arrest stems from allegations that he recorded himself having sex with women without their permission. The investigation started after the man allegedly placed a hidden camera on the balcony of a woman's home. After seizing the man's computer investigators found video of the man having sex with at least six different women. Three of the women identified from the videos claim that they did not know they were being recorded while having sex with the man.
]]> In Arizona it is a felony to knowingly photograph, videotape, or digitally record by any means a person who is in an exposed position or while they are in an area such as a bathroom where they have a reasonable expectation of privacy. A violation of the law could result in being placed on the sex offender registry which would greatly affect an individual's life.As technology continues to progress and people find new ways of using the technology the laws will continue to adapt for better or worse.
Source: FoxNews "Phoenix man accused of filming sex with juveniles" Jim Monier March 5, 2013
]]>A man is in jail facing charges of harassment and attempting to influence a public official after he left numerous voicemails and sent emails to his local representative. The man admits to sending the representative emails which contained various racial and sexual comments. He contends that he took these actions out of frustration with the representative for her stance on gun control laws. As a result of his arrest and the subsequent news story the man's employer has made moves to distance itself from the man's remarks.
]]> Free speech is protected by the First Amendment of the U.S. Constitution. While not all speech is protected speech the type of political speech the man's attorney is saying he made is a class of speech protected by the amendment. The man will be facing a felony conviction if it is determined that his speech falls outside of the protected class of speech.Even though Americans enjoy protection for a wide range of speech, abusing those protections is likely to result in other unintended consequences. As more and more Americans are looking for ways to come together many may find the same free speech they enjoy being used against them.
Source: Denverpost, "Attorneys for man behind e-mails to legislator call them free speech," Sadie Gurnamn, Feb. 26, 2013
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