Criminal Defense

diversion

From Diversion to Deportation

For many defendants, the prospect of entering into and completing a diversion program is extremely enticing. For clients with immigration issues, however, the potential benefits are outweighed by the debilitating and permanent repercussions that often accompany such resolutions. Admission into a Diversion Program As a matter of practice, most courts require that a defendant seeking admission into a diversion program

Read More »
embezzler

To Catch a Thief: Practical Thoughts on Confronting a Potential Embezzler

For an employer there may be no worse feeling than the realization that one of your employees is stealing. It may start as something in the books they can’t explain, something “funny” that their internal controls catch or that their accountant asks about and they don’t have a ready answer. That confusion begins to harden to suspicion as a pattern

Read More »
Bail Orders

All Bail Orders are Not Created Equal

By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a

Read More »
federal agent

“But the Federal Agent Seemed So Nice …”

I’ve had the same conversation with a few fellow lawyers who serve clients in the corporate law world, “So my client got a call from a federal agent wanting to talk to them. … They said the agent sounded really nice. …” It’s right after they tell me how nice the FBI agent sounded that I tell them to have

Read More »
family violence

The Perils of the Plea Deal in Assault Family Violence Cases

There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate

Read More »
Sexual Exploitation of a minor

Sexual Exploitation of a Minor: A Basic Insight

Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image

Read More »
drug enforcement evaluation

Drug Enforcement Evaluation: Pseudoscience in DUI Cases Under Attack

Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is

Read More »
no refusal weekends

Implied Consent & the “No Refusal Weekend”

Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few

Read More »
Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Read More »
Marijuana Laws medical marijuana in arizona

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

Read More »
diversion

From Diversion to Deportation

For many defendants, the prospect of entering into and completing a diversion program is extremely enticing. For clients with immigration issues, however, the potential benefits are outweighed by the debilitating and permanent repercussions that often accompany such resolutions. Admission into a Diversion Program As a matter of practice, most courts require that a defendant seeking admission into a diversion program

Read More »
embezzler

To Catch a Thief: Practical Thoughts on Confronting a Potential Embezzler

For an employer there may be no worse feeling than the realization that one of your employees is stealing. It may start as something in the books they can’t explain, something “funny” that their internal controls catch or that their accountant asks about and they don’t have a ready answer. That confusion begins to harden to suspicion as a pattern

Read More »
Bail Orders

All Bail Orders are Not Created Equal

By now, everyone has heard about the arrests following the fighting and shootout at a Waco, Texas restaurant. Before any cases get filed, any plea agreements are reached, or any trials set, there was a critical stage in the due process of each defendant that has attracted a great deal of controversy and outcry in the legal community. When a

Read More »
federal agent

“But the Federal Agent Seemed So Nice …”

I’ve had the same conversation with a few fellow lawyers who serve clients in the corporate law world, “So my client got a call from a federal agent wanting to talk to them. … They said the agent sounded really nice. …” It’s right after they tell me how nice the FBI agent sounded that I tell them to have

Read More »
family violence

The Perils of the Plea Deal in Assault Family Violence Cases

There is an abundance of misinformation circulating regarding the criminal justice system, and this often materializes through discussions between citizens accused and their friends, family members, acquaintances and anyone they may have encountered in jail after their arrest. Misdemeanor assault family violence cases can be the nexus for bad advice and severe permanent consequences, so it is important to educate

Read More »
Sexual Exploitation of a minor

Sexual Exploitation of a Minor: A Basic Insight

Simply stated, sexual exploitation of a minor – commonly referred to as child pornography – is one of the most substantial felonies one can commit in Arizona. As set forth in ARS 13-3553, mere possession of any visual depiction of a minor engaged in any exploitive exhibition or other sexual conduct is a class two felony. And, if the image

Read More »
drug enforcement evaluation

Drug Enforcement Evaluation: Pseudoscience in DUI Cases Under Attack

Arizona citizens and drivers have the right to expect that their fellow drivers are not impaired. When most people think of impairment and driving, they usually assume that alcohol is the culprit. There is a growing trend, however, of people taking powerful prescription medications that impair them. Law enforcement’s answer has been to emphasize enforcement, but determining if someone is

Read More »
no refusal weekends

Implied Consent & the “No Refusal Weekend”

Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few

Read More »
Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Read More »
Marijuana Laws medical marijuana in arizona

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

Read More »

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