Criminal Offenses
A second opposition to Arizona civil forfeiture laws has been filed by the Institute of Justice. Touted as an important weapon with which the State can combat crime, by operation of law police can seize and institute forfeiture proceedings against property found incident to a criminal arrest, including property that does not belong to…
Though state law varies greatly, many states including Arizona restrict or remove the right to vote from persons convicted of felony criminal charges. A recent report by criminal justice reform group the Sentencing Project estimates more than six million Americans will be excluded from voting in the upcoming presidential election, though only about 1/4…
Deputy Maricopa County Attorney Juan Martinez last week was ordered to one year probation stemming from charges filed by the Arizona Attorneys for Criminal Justice (AACJ) association late last year, to which he has filed an appeal. The AACJ charged Mr. Martinez with misconduct spanning a decade and 11 cases of murder, including the…
Arizona, unlike California (see recent legislation here, and a recent article here), does not have a statute banning use of electronic devices while driving for any purposes. Bills introduced in the State Legislature in 2015 and 2016 were not passed. Some cities, such as Tempe, have enacted limited restrictions on the use of electronic devices…
A recent Associated Press investigation documents the abuse nationwide of confidential law enforcement database information by police and other government employees. Public records requests uncovered more than 325 such instances leading to the firing, suspension or resignation of police or state employees between 2013 and 2015 alone. Records provided were reportedly incomplete at best,…
Following a shocking incident September 13th during which a man was told by police to swallow marijuana in order to avoid being arrested and taken to jail, 3 City of Phoenix Police officers have resigned, and a fourth officer has been demoted for not taking appropriate action once he learned of the incident. Phoenix…
Leslie Merritt, Jr., once accused and jailed for 7 months as the suspected I-10 Freeway shooter, last week filed a civil suit in Maricopa County Superior Court against the State of Arizona, Arizona Department of Public Safety (DPS) and Maricopa County Attorney Bill Montgomery alleging false arrest, false imprisonment, malicious prosecution, negligence, intentional infliction of…
After legal battles lasting six years, and after much of the original legislation has been struck down in federal courts, an agreement has been reached between Arizona and immigrant rights groups in regard to the remnants of Arizona Senate Bill (SB) 1070. Under the terms of the agreement, Arizona Attorney General Mark Brnovich will…
A task force composed of legal experts from around the State this week submitted a report and recommendations to the Arizona Supreme Court geared toward generally reducing the imposition of court fines, fees, and penalties, providing alternatives where there is an inability to pay, and basing decisions about whether a person is eligible for pretrial…
The criminal justice system in America uses court fines and fees as a means of deterring future criminal activity, to recoup some of the public money spent on the court system and related programs, and for victim restitution. However, for those struggling to survive on low-income earnings, court fines and fees can become a…