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Arizona law does not provide for expungement of criminal cases and records. A bill introduced in the Arizona State Senate would change that law to allow the court to vacate convictions and order the expungement of records for certain offenses. State Senator Judy Burges has sponsored in the 2017 First Regular Legislative…
In In re $15,379 IN U.S. Currency, No. 2 CA-CV 2015-0166 (12/22/16), the Arizona Court of Appeals held that a trial court erred when it refused to order a County Attorney to return currency which had been seized from an appellant after the civil forfeiture proceeding in which the County Attorney sought to…
In State v. Linares, No. 1 CA-CR 15-0810 (1/01/17), the Arizona Court of Appeals reversed a restitution award because the court held the award was for a cost incurred in the investigation of the crime, and not a cost incurred as a direct result of the defendant’s criminal actions. In an Arizona criminal…
The Arizona Court of Appeals in State v. Francis, No. 1 CA-CR 16-0051 (1/3/17), held that the crime of promoting prison contraband requires proof the defendant knew the item of property was in fact prison contraband. In the case, the defendant was detained at a Jail Annex on unrelated charges. Officers took the defendant’s…
The Real ID Act was passed by Congress in 2005 based on recommendations of the 9/11 Commission. The Act sets standards for state-issued identification accepted for the purposes of air travel or accessing restricted federal buildings, nuclear power plants and military bases/facilities, etc. Effective January 22, 2018, air travelers, etc. who do not…
In State v. Cope, No. 1 CA-CR 14-0596, (12/30/16), the Court of Appeals held that the offense of Shoplifting under 13A.R.S. § 1805.A.1, is a lesser included offense of Organized Retail Theft, 13 A.R.S. § 1819.A.1 and therefore the defendant could not be convicted of and punished for both offenses. The court went on…
On December 22, 2016, in a divided 2-1 decision, in Ishak v. McClennen, No. 1 CA-SA 16-0134 (12/22/16) Division One of the Arizona Court of Appeals held that for Medical Marijuana DUI cases in which the defendant wishes to have the jury instructed on the Arizona Medical Marijuana Act (AMMA) Cardholder affirmative defense, the…
Medical Marijuana DUI cases in Arizona have two fundamental differences from DUI Alcohol cases which help the Medical Marijuana DUI defense at trial. With Medical Marijuana DUI cases now going to trial and in some cases the State seeking to prove to the jury the Marijuana (THC) levels found in the defendant’s blood,…
Division Two of the Arizona Court of Appeals recently held that the trial court erred when it refused to suppress the use at trial of drugs and illegal weapons found in a search of an alleged shoplifter’s backpack. In the case, State v. Synder, No. 2 CA-CR 2015-0077, 10/7/16, the defendant was detained and…
The US Immigration & Customs Enforcement (ICE) Phoenix field office director has identified DUI convictions as one of the biggest factors their office uses to determine priorities for arrest and deportation. Stuart Bailey, a Scottsdale restaurateur, is now fighting to remain in the country where the business he founded more than 20 years…