Phoenix Criminal Defense Law Blog

Allegations of a violent crime are always serious. Arizona particularly takes crimes of violence seriously, upping a charge's severity if a deadly weapon was supposedly involved. But there is a special kind of violence that not just Arizona but more and more states address specifically to try to prevent continued acts of domestic violence from becoming fatal.

Strangulation has been singled out in Arizona and within a total of about 30 states as an offense worthy of felony status. The most recent state to join the growing list of states that have strict strangulation laws is South Dakota. Some defense attorneys in Arizona and throughout the country see problems with the law.

Individual tragedies or mistakes can sometimes lead to rash decisions that make sweeping changes. Over the past year, there's been a lot of media and federal focus on what's been called Operation Fast and Furious. The investigative operation into the sales and trafficking of firearms supposedly allowed illegal guns to be bought in Arizona and then taken into Mexico.

Some of those weapons were found to be used in serious violent or drug crimes. The U.S. couldn't understand why ATF didn't block the movement of the weapons and do more to prevent the illegal use of the guns. The Obama administration took the Fast and Furious controversy as motivation to enact a new gun law in Arizona and other border states.

There are certain processes put in place in the criminal trial process for a reason. They allow both the prosecution and defense teams to work on a case in a consistent, somewhat predictable fashion. If one side has a piece of evidence for example, the other side should be able to count on the fact that they will get to evaluate that evidence too. The process gives a criminal defendant a better chance at a fair trial.

An Arizona man and his defense attorney have been fighting in recent years against what they believe was a violation of the legal process related to extremely serious criminal allegations against the defendant. In 2008, the defendant became the prime suspect of a felony child abuse case in Arizona. He's been battling the criminal charges since then, and the situation seems to have grown more serious.

There is enough to worry about when someone gets arrested, charged and/or convicted of a crime. There is the potential loss of freedom, fines, community service and more. But then there is the long-term effect of having faced a criminal charge that can be the most threatening. One who has been charged and convicted of a crime might ask himself, "How am I supposed to find a job with this on my record?"

Finding work is tough for almost anyone in this market already. Throw a criminal conviction or even just an arrest into the mix and it's natural for an employment seeker to worry about his future and ability to provide for his family. The U.S. Equal Employment Opportunity Commission, however, reminds us that finding work should not be impossible for those with criminal backgrounds.

Even though laws are put on the books, laws are changeable. Not only can laws change but they have to be able to change. Otherwise, time would pass and we would be living in a society governed by rules that just don't make sense.

Society has changed a great deal as a result of advancements in technology. At least one area of Arizona law is trying to catch up with the digital world. House Bill 2549 seeks to update stalking and harassment laws in the state. Arizona's anti-stalking law has not been modified since being put into effect more than 40 years ago.

Claims of child abuse are just about as serious as legal allegations can get. Being accused and convicted of child abuse not only can lead to legal consequences such as jail time, probation and required counseling, but it can lead to the most personal, life-shattering consequence of all -- losing one's child.

It's important to discuss this matter of domestic violence because of a recent report from state authorities. Officials report that there's been a record-high amount of Arizona child abuse reports in the past couple of years. The increased rate of reports is leaving state low on caseworkers and others responsible for handling abuse matters.

Bullying has become a hot topic in Arizona and throughout the country. There is a documentary film out in theaters now about kids bullying each other, and various cases of bullying are discussed in the media, sometimes in legal terms.

Countrywide discussion suggests that bullying, especially with the popularity of social media, is pushing kids and teenagers to commit suicide. Many families and schools are taking bullying seriously, and one parent in an out-of-state case is going so far as to request a restraining order in response to a child's supposed offenses against her child.

Our previous post outlined a legislative proposal that would expand residents' rights to carry firearms into public buildings in the state. The House and Senate approved the proposal. That approval, however, was met with defeat when history repeated itself.

Businessweek reports that Gov. Brewer vetoed the gun law bill this week. She did the same thing last year, though this year her reason was more money-related. Brewer says that the reason she couldn't approve the bill this year was because it could cost the government too much money.