#Criminal
Jaywalking While Black African Americans are disproportionately stopped for Jaywalking throughout the United States according to a July 3, 2017 Op-Ed article in the New York Times, Jaywalking While Black, by Ms. Jane Coaston. As examples Ms. Colson said that in a Sacramento, California neighborhood where 15% of the residents are African-American, 50% of those…
Maricopa County Jail DUI Costs Go Up Defendants who serve DUI sentences in county jails are required by law to pay the costs of their incarceration. Courts have discretion to reduce the assessment of jail costs if full the assessment would cause financial hardship on the defendant. These requirements are set forth in 28…
Police Videos have Limitations As Evidence Many police departments in Arizona and around the country now use body cameras or in some cases dash camera videos, to record the officer’s actions. While all parties in the criminal justice system would agree that videos are valuable evidence it would be a mistake to assume that videos…
6/29/16 Two Phoenix men have been arrested and charged in the shooting of a man they suspected to be driving under the influence (DUI). The incident, which took place on Monday in the Blue Ridge section of Coconino County, began when the men noticed what appeared to be a DUI driver behind them. Themselves…
2/23/16 Scottsdale’s ordinance barring Public Intoxication is unconstitutional because it conflicts with Arizona state law. Scottsdale City Code (“S.C.C.”) section 19-8(a) makes being “incapacitated by alcohol in public,” a class 1 misdemeanor. Arizona statute 36-2031 prohibits local laws criminalizing conduct having as an element of an offense “being a common drunkard or being found…
2/22/16 Arizona weapons possessors may be subject to serious criminal penalties if they take weapons to another state. Driver’s licenses issued under Arizona law are recognized as valid throughout the United States. What people may not realize is that while Arizona weapons laws give many people the right to possess weapons, unlike driver’s licenses…
2/19/16 Phoenix Municipal Court begins Compliance Assistance Program aimed at helping people avoid collateral consequences of not making civil traffic fine payments. See full article at kjzz.org: http://kjzz.org/content/265792/how-phoenix-helping-drivers-bogged-down-fines-get-back-road If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you…
2/8/16 The Arizona Court of Appeals has ruled that a Victims’ attorney cannot privately prosecute in a criminal case. In Lindsey v. Cohen a private attorney represented the victims. The victims’ private attorney tried to act as attorney for the victims at a restitution hearing within the criminal case. The Court of Appeals said that…
Arizona Supreme Court Rules Trial Judge Should Have Let Defense Expert Impeach State Firearms Expert
2/4/16 Arizona Rules of Evidence, Rule 702 allows an expert witness to testify if, among other things, the witness is qualified and the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence. Trial courts serve as the “gatekeepers” of admissibility for expert testimony, with the aim of…