One Arizona inmate had experienced an especially difficult life with his parents both jailed while he was very young. He had lived on the street through most of his teen years and was convicted of drug charges. While in prison he earned his GED, a certificate for good behavior, and in 2011 Arizona's Executive Clemency Board ruled that he had turned his life around and deserved a lesser sentence. However, since the governor disagreed, no clemency was given.
]]> In the past, some inmates' sentences were allowed to be reconsidered through the important opportunity of clemency. Most often, clemency takes one of two forms. Pardons normally occur when a prisoner has served his time and allow a reformed person to regain rights he had lost as a result of his conviction. The other form of clemency is a commutation that can declare the original judge's mandatory sentence as too harsh and have the time decreased. There are various times when a commutation hearing can be requested, including after a prisoner has been incarcerated for at least two years or if they are expected to die within six months.The prison system is supposed to be designed not only to punish inmates for their wrongdoings but to attempt to rehabilitate them as well. With second chances becoming so rare, facing criminal charges with a quality defense is more important than ever.
Source: The Republic, "Arizona prisoners rarely granted clemency," Bob Ortega, May 12, 2012
]]>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.
]]> When a domestic violence suspect supposedly uses his fist, a knife or a gun during an assault, officials have more visual evidence to go on. Injuries caused by such weapons tend to be more evident due to bruises, broken bones, wounds or scars. With strangulation, however, an alleged victim might not have any visual signs of an injury.States that have adopted specific strangulation laws have made it so strangulation is a felony charge. This worries some defense attorneys because it means that domestic violence suspects could face a felony charge without there being much physical evidence to justify such an allegation.
Supporters of strict strangulation laws think that felony charges for the assault defendants will better keep them away from supposed victims before the violence potentially escalates. Also, they emphasize how there might not be as many visible signs of strangulation as there are for other forms of abuse, but there are signs that officials should be able to identify. In some states, law enforcement is taught the specific signs that strangulation occurred, including a hoarse voice and bloodshot eyes.
A domestic violence allegation has a significant, often immediate and long-term impact on a suspect's life. Those uncomfortable with the strangulation laws suggest that states generally take assault accusations seriously enough by providing ample legal options and protections to supposed victims. For strangulation to escalate a charge, there had better be consistent, reliable evidence for the courts to go on outside of a verbal accusation.
Source: The Associated Press, "States cracking down on strangulation attempts," May 13, 2012
]]>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.
]]> Republicans are challenging the law that Obama approved to try to prevent certain firearms from crossing the border. Border states such as Arizona and Texas have special gun laws put in place that affect the responsibility of gun dealers and the freedoms of gun owners due to the location of their states in relation to Mexico.The law requires that firearms dealers report the sale of two or more high-powered rifles to the same person within five days to ATF. The gun law has been in place since last August and its supporters argue that the reporting change has led to promising investigations and prosecutions of multiple suspects. Those who oppose the law, however, can't get over the feeling that Obama went too far in regulating people's right to own firearms.
This gun right issue will likely play a role in the upcoming election. Americans have a tendency to be extremely passionate about gun laws, whether they are for more or less gun control.
Source: Houston Chronicle, "Gun-rights backers work to thwart Obama rifle sales reporting rule," Dan Freedman, May 9, 2012
]]>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.
]]> Initially, the defendant was charged with one count of felony child abuse. The prosecution previously offered him a plea deal, but he refused it. The defendant later changed his mind about the deal, hoping that the plea deal was still on the table. If he were to have been convicted at trial, he could have been sentenced to as many as 24 years in prison.Timing was not in the defendant's favor. A new deputy attorney had taken over the case who decided not to keep the plea deal on the table. Before the new attorney took over the case, the defendant and his attorney were given the impression that plea deal negations were still in progress, that no deadline had been reached.
The legal process generally says that the defense gets to evaluate any new evidence before the plea deal deadline hits. Not only did the defense not get notified of a deadline, but the attorney introduced thousands of pages of new evidence after deciding that the plea deal was no longer an option. Now, the defendant faces more than one count of child abuse. He faces six counts of child abuse.
The defense challenged what it saw as the violation of the legal process within the Arizona Supreme Court, but the court ruled in favor of the prosecution. Persistence can be an important element to a criminal defense. It looks like persistence must continue for the domestic violence defendant and his attorney in order to work with the unexpected situation before them.
Source: Arizona Daily Sun, "Child abuse trial begins jury selection," Eric Betz, May 3, 2012
]]>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.
]]> Not only should getting hired not be impossible, but a person not being hired because of a criminal background is actually a legal issue, according to federal law. The following are some of the basic points about employment related to criminal history and background checks:The above are just some of the pertinent points about hiring practices related to Title VII. The EEOC has created the strict rules because history has shown that when employers don't hire applicants based on criminal records, minorities are most affected. Having a clear cut policy that immediately counts a person out of the applicant pool because of a past arrest or conviction, therefore, led to a pattern of employment discrimination against minorities in this country.
There is no law that says employers cannot ask an applicant for his criminal history. There is also not a clear law that says an employer's decision to hire someone cannot be based on his criminal history. If someone is not hired because of his criminal background, however, he should consider whether his specific offense would directly relate to his suitability to carry out the specific job he applied for. If he can't see that connection, he might have reason to fight and defend his civil rights.
It's obviously important for employers to understand these laws, but it is equally important for job applicants to understand their rights as well. A criminal history doesn't define a person, and finding work is often a key part of moving on with one's life.
Source: Business Management Daily, "EEOC urges caution on criminal background checks," The HR Specialist, May 4, 2012
]]>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.
]]> Arizona's House and Senate have approved the proposal that would make it against the law to "terrify, intimidate, threaten or harass" someone via electronic communication. That includes text messages, emails and more, except for harassment that takes place on social media networks. The law wouldn't cover spaces like Facebook or Twitter because users have the option of closing accounts and, therefore, avoiding contact within those mediums.The anti-stalking law hasn't yet changed in Arizona. Gov. Brewer still has to either accept or reject the proposal before it becomes law. In the past, Brewer has vetoed bills because wording hasn't been clear enough. Defining harassment with regards to the law and what can land people in jail or have them fighting a restraining order is important in order to protect free speech.
When Brewer makes her decision we will post an update.
Source: azfamily, "Anti-stalking bill would cover harassment over text and email," Carina Sonn, May 1, 2012
]]>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.
]]> Arizona's child welfare system is attempting to manage the large number of child abuse cases by relying on a special team of investigators. The Associated Press doesn't detail the amount or qualifications of those who are part of the special team. At this point, the team is considered temporary relief to the reported child abuse problem in Arizona.The director of the Department of Economic Security, however, doesn't say that the team won't become a permanent fixture of the legal process connected to child abuse cases in the state. If Gov. Brewer's input has anything to do with the future of such investigations, it sounds like more feet will be put on the ground specifically assigned to child abuse reports. She would like the state's CPS agency to get a $3.7 million bump in funds in order to employ 28 designated investigators.
With the high number of reports and lack of staff to handle them, there is currently a risk that child abuse cases are not getting the fair, adequate attention that they deserve. Anyone who is accused of domestic violence should not hesitate to protect his or her future with their children by relying on an aggressive criminal defense lawyer.
Source: Associated Press, "Arizona CPS seeing increase in child abuse reports," April 18, 2012
]]>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.
]]> In the Kentucky case, the child who is supposedly being bullied is a fourth-grader. Her bully is a classmate whom the mother claims has threatened her daughter on at least two occasions. One time, he allegedly pushed the woman's daughter. A subsequent instance reportedly involved the same bully and a pair of scissors.As most parents would be, the mother in this case is extremely worried about the safety of her child. She is frustrated that the school hasn't done more to protect her daughter or correct the boy's behavior. Her frustration has moved her to try another route: the law.
The mother has filed an affidavit, asking a judge to issue a restraining order against the boy whom she believes puts her daughter at risk of harm. A court date has been set for May.
This case and the intense focus on bullying in general divide the public. There are those who firmly believe that bullying has gotten more serious in recent years and it's not like it used to be. Others, however, argue that kids are kids. Bullying has always been around, and it comes down to the parents and schools to handle situations between children, not the courts.
Source: USA Today, "Ky. mom: Restraining order needed against 4th-grade bully," Antoinette Konz, April 24, 2012
]]>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.
]]> As we detailed in the prior post, even if the bill had been passed, individual cities or counties could have decided to continue banning guns in public buildings. In order to do that according to the letter of the proposed law, those opposed to allowing guns in buildings would have had to up security. If Maricopa County had refused to adopt the law, for example, it would have cost an estimated $11.3 million for equipment, and that doesn't include future expenses.Money isn't the only reason behind Brewer's veto. She also believes that more discussion must be had among people of the state. It's an issue that many are extremely passionate about because it's related to safety as well as constitutional rights. Despite the disappointment of gun rights advocates following Brewer's veto, the governor insists that she is a strong supporter of the second amendment and the people's right to bear arms.
Brewer just wants her community to be less divided about this sort of proposal before she approves it. It won't be surprising for a bill like this to come up every year until it is passed.
Source: Businessweek, "Arizona's Brewer Vetoes Bill Opening Buildings to Guns," Amanda J. Crawford, April 18, 2012
]]>This particular legislation regarding the rights to carry a firearm in Arizona seeks to expand citizens' rights to carry guns into public buildings in the state. Such buildings would include government offices, libraries and more. Brewer has vetoed a similar bill in the past, but if the language of this proposal is clearer, she might find it within her to approve the expansion of gun rights.
]]> But it is also possible that gun control advocates' arguments regarding this proposal will influence the final decision. Those against the bill believe that laws expanding who can carry guns and where they can be carried just put more guns on the ground, creating more potential for danger and guns landing in the wrong hands.Supporters of the bill believe that the bill puts guns in the hands of more good people, people who could take action if necessary to prevent a violent crime. Expanding gun rights, therefore, is a way to prevent crime in Arizona without paying to put more law enforcement everywhere.
If passed, cities and counties could still decide not to expand the right to carry guns into public buildings. That decision, however, could be expensive. The places that opt out of the legal expansion would need to spend money to better secure the public buildings with security officers, metal detectors and gun lockers.
When Brewer makes her decision about this proposal, we will post an update.
Source: AZfamily, "New gun law waits for governor's decision," Jared Dillingham, April 13, 2012
]]>When anyone is arrested for an alleged crime, it might be helpful to think about the incident as if the suspect were your own loved one. You would want her to be judged fairly and after she's gotten the proper opportunity to defend herself, right? Well, former Nickelodeon star Amanda Bynes could use some patience and compassion from the media and public.
]]> The 26-year-old actress who most recently co-starred in the movie Easy A with Emma Stone is having a hard time keeping up with the squeaky clean image that we are used to seeing her portray in her work as a child and young adult. Like many other young adults her age, she was pulled over for suspicion of drunk driving.Bynes' mugshot hit the media stratosphere after her DUI arrest. When that happens to any celebrity, it is difficult for them to live that down. The media focuses on how Bynes dresses and does her hair, almost as though those depictions support the premature notion that she is guilty of drinking and driving. And now, the media has snapped pictures of the star supposedly texting while driving, connecting that to a habit of recklessness behind the wheel.
The truth is that a legitimate legal process should be completely separated from the media and public's commentary on the suspect and her alleged wrongdoing. The court will need to look at any sobriety tests that Bynes went through that night and whether the officer had any right to pull the celebrity over in the first place. Bynes' father claims that his daughter doesn't drink and that the police were in the wrong on the night of her arrest. The court will want to look into those claims.
If there are any further developments in this case, we will post an update. For now, at least for the sake of her reputation, Bynes might want to lay low until this blows over.
Source: Daily Mail, "Amanda Bynes hits the nightclubs following her DUI arrest (but not before backing up over a curb AND texting behind the wheel)," Jade Watkins, April 13, 2012
]]>Patterson recently spoke out on a radio program in response to his fellow lawmakers' comments and intentions regarding the accusations that have been made against him. Some want him expelled from his political position in the state, claiming that Patterson's presence would put people in danger. That argument, insists Patterson, is not based on truth.
]]> The lawmaker addresses the domestic violence charge that his ex-wife previously made against him. He highlights how the accusation was taken back. It isn't rare for domestic violence allegations to be hastily made, often out of emotions that are not controlled by logic. Relationships between spouses -- and in this, case ex-spouses -- can be filled with feelings that lead to false allegations out of pettiness.Patterson argues that the lawmakers against him keeping his political position continue to focus on the violence and marijuana use allegations for their own political gain. While he is a democrat, Patterson categorizes himself as more independent compared to other democrats. He believes that those who lean more to the left want him out of the house in order for them to replace him with someone who is a more predictable democrat.
It doesn't feel like Patterson is going to give up his position readily. We work hard for our careers, and they are worth protecting when threatened by claims of wrongdoing.
Source: My Fox Phoenix: "Tucson Lawmaker Defends Himself on the Radio," April 4, 2012
]]>Last May, a 19-year-old was driving when her car ran onto a sidewalk and crashed into two children. The girls were 4 and 5 years old, which is the aspect of this Arizona manslaughter case that has greatly impacted the community since the reported DUI accident.
]]> One of the children died as a result of the DUI accident, and the young driver was ultimately charged with involuntary manslaughter and assault. The recklessness behind the manslaughter charges was attributed to the supposed fact that the defendant was under the influence of alcohol when she lost control of her vehicle and caused the collision.Recklessness is different than intent. When the system suspects that a defendant set out to cause harm or death, a criminal charge will be more severe. Involuntary manslaughter, by definition, involves carelessness and not purposeful killing, leading to lesser sentencing should a defendant be found guilty of the crime.
The teen driver in this Arizona case was found guilty of involuntary manslaughter and assault earlier this year and was recently sentenced to serve nine years in prison. Some in the public are not satisfied with the sentencing. They argue that the loss of a young life in this case should have resulted in a lengthier sentence. But that is an emotional argument, not based on the logic supporting Arizona laws. If sentences were based on emotion versus reason, justice would be at risk.
Source: KTAR: "Ariz. teen gets 9 years in wreck that killed girl," April 4, 2012
]]>Sources report that last Tuesday evening, a woman was shopping in a Phoenix store when a man randomly attacked her and began biting her foot. The attacker was able to leave the store without being apprehended or identified, but authorities continue to look for the assault suspect.
]]> The supposed assault victim says that she was shopping for food when the man dropped to the floor and bit her on the foot. She didn't sustain any significant wounds; however, she did seek treatment in order to avoid a potential infection that the bite could have caused.Police have reportedly attempted to get an idea of the identity of the suspect by looking at surveillance videos from the Target where the incident took place. So far, no developments regarding the identity of the suspect have been announced. Authorities do insist that finding the suspect is an important safety measure: "If he's willing to do this to a young lady inside the Target store, he's willing to do it to anyone, anywhere."
The Arizona system takes violent crimes seriously. Something like an assault conviction can lead to jail time and also a sustained limitation on one's liberties as normally provided by the state.
This particular assault story has lots of unanswered questions, an important one being related to whether the suspect was of sound mind at the moment of the reported attack. Hypothetically, someone who could be diagnosed as mentally unstable should be afforded some leniency when caught up in the criminal system.
Source: Kypost, "Man bites woman's foot in Phoenix Target store," Steve Kuzj, March 30, 2012
]]>Arizona Daily Star reports that there has been a spike in gun and ammunition sales in Arizona. In February, more than 30,000 instant background checks tied to gun sales were run in the state. Sources report that as the highest number since 2008. The timing at which these numbers have spiked has some people suggesting that presidential elections motivate people to own a firearm.
]]> The constitutional right to bear arms is not seen as such a clear right by all. Politics come into play in the firearm debate, with the left generally fighting for stricter gun laws and the right fighting to keep gun control at a minimum. Due to President Obama's political affiliation as a Democrat, sources suggest that gun rights advocates have bought and are buying more guns because they believe that getting a gun will become more difficult with the current administration.Obama has not used his presidency thus far to severely limit gun rights in the U.S. The race toward the upcoming election is in full force, however, and some fear that if Obama is reelected, he will use his second term to address gun control nationwide.
In a place like Arizona, where so many residents cherish their rights to own firearms, it's not incredibly surprising that gun and ammunition sales have surged. But that trend is reportedly playing out nationwide. A recent survey shows an increase in American household gun ownership, from 41 percent in 2010 to 47 percent in 2011.
There are remaining questions regarding the reasons behind the upward trend in gun ownership. But those questions are not as important as the legal questions regarding gun ownership. If you have any doubts or questions about gun laws in Arizona or you have been accused of violating gun laws, discuss your rights with a local attorney.
Source: Arizona Daily Star, "AZ sees spike in gun sales," Tim Stellar, March 27, 2012
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