This time around, the legislative proposal is called SB1474 and in order to face a better chance at being passed, its creators set a clearer outline that sought to allow permit carriers to carry a gun on campus. Unsurprisingly, critics who are against the idea are starting to speak out.
]]> According to reports, the University of Arizona President Eugene G. Sander has made his own public statement about having guns on his campus. He is not happy about the idea and claims that other important figures who are responsible for keeping his campus safe will challenge the bill.Sander highlights how many people, including young visitors, attend the Arizona campus on a daily basis. He says that law enforcement on campus need to be confident that they are the ones able and responsible to respond to a crisis; students carrying their own weapons on campus, he argues, will not increase campus safety. More guns on campus could cause more violence on campus.
A less theoretical and emotional argument that Sander offers is a financial argument. The new proposal would keep guns out of the classrooms by requiring that buildings on campus have lockers to store the firearms. Sander argues that the university is already dealing with budget cuts and spending thousands of dollars as a result of this proposed legislation would be a further nuisance.
As usual, when there is an update regarding this proposal, we will keep you informed.
Source
KVOA.com: "UA President releases statement about guns on campus," Feb. 2, 2012
]]>With these issues in mind, Arizona residents will be interested to hear of a recent news report about a 23-year-old Gilbert man whom police have charged with assault and disorderly conduct after an altercation with his ex-fiancé's new boyfriend.
]]> Very natural but potentially difficult emotions often come over young people, and that appears to be the case here. Whether or not the young man's statements were obtained in a legal manner remains to be seen, but police claim that he confessed to parking his vehicle near his ex-fiancé's home and approaching the residence through an alleyway to observe her activities.Apparently, upon hearing another man's voice near or in the home, the young man became emotional. Police claim he surprised his ex-fiancé and her new boyfriend, striking the latter numerous times.
The police report engages in speculation when it states that the boyfriend's nose may have been broken.
Readers may keep in mind that police always have an obligation to uphold certain rights of the accused before, during and after and an arrest, and not upholding those rights can have considerable affects on criminal defense proceedings. Police arrested the upset young man in this case and charged him with assault and disorderly conduct. Considering the claims against him, he will need a strong and meaningful defense if he wants to see a reduction or dismissal of charges.
Source
Tucson Citizen, "Gilbert man accused of assault in Chandler," Anna Gunderson, Jan. 31, 2012
]]>He was pulled over after police reportedly noticed him driving recklessly. Upon investigation, authorities apparently found enough evidence to charge the fellow officer, fired from his position in August, with counts of aggravated DUI and extreme aggravated DUI.
]]> A plea deal reached in the drunk driving case might have saved the defendant from harsher sentencing, but he still did have to pay back a lot for his arrest. The counts of DUI were more serious because the defendant was pulled over while he had his two young children in the car with him and because of his supposed blood alcohol content.By agreeing to plead guilty to the counts of DUI, the serious charges were classified as misdemeanors and the defendant faced the following sentencing: 10-day jail term, two years of probation, 80 hours of community service, fines and fees. Losing one's job is what can make for the most significant punishment.
And now, according to reports, the former officer might always be that, a former officer. The law-enforcement oversight committee is considering taking away his certification to be a police officer in the state of Arizona.
This case is just one example of how a drunk driving arrest can change a person's life dramatically. That's why what might seem like a simple arrest should immediately be taken seriously.
Source
Arizona Republic: "Ex-Phoenix officer could lose certification over Surprise DUI," D.S. Woodfill, Jan. 27, 2012
]]>It's important to look at criminal charges involving family members with sensitivity and objectivity. Media reports of an incident generally are based on police reports, which don't take the complexities of family history and relationships into account. This matter comes up because an Arizona father is charged with aggravated assault in Arizona and criminal damage following an incident with his teenage son.
]]> According to a Phoenix report, the defendant in this case is a father, husband and Maricopa County detention officer. He was arrested recently after his family called police to report that he had threatened his 19-year-old son with a gun.His son reportedly upset the defendant when he tried to stop him from driving because he thought he was intoxicated. That's when he and his mother claim that his father pointed a gun at him before he ultimately did drive away. Police found the defendant with his gun in his vehicle and took him into custody.
Another aspect of the incident that the family reported is that the defendant might have been suicidal on the night in question. This point just adds to the emotional and complicated aspect of this criminal case. The defendant is currently out on bond and on administrative leave from his job.
Source
MyFoxPhoenix.com: "Police: MCSO Officer Threatened Son with a Gun," Jan. 24, 2012
]]>The trends put more people at risk of being monitored by the government, which is where the U.S. Supreme Court comes in. What started as a drug distribution case out of Washington, D.C., traveled its way to the court because of the constitutional issue it brings up and that is important to all of criminal law. When is using a GPS device to track a suspect a violation of their privacy?
]]> The Washington Post reports that the court made a unanimous ruling on Monday that at least begins to answer that question, at least as it relates to the specific drug case that inspired the debate. Sources indicate that the judges essentially agreed in this specific case that the suspect's privacy was violated when police attached a GPS unit to his car and monitored his movements for about a month. They didn't follow the exact orders of the warrant.That monitoring helped police connect the suspect with a large quantity of cocaine, but the court's recent ruling regarding the GPS use invalidates the investigation. This could mean significant hope for the defendant, who was sentenced to life in prison following his drug crime conviction.
Though the judges essentially came to the same decision, their reasoning did differ. Some justices identified the placement of a GPS device on a suspect's car as the constitutional violation. Others identified the duration of police's use of GPS monitoring. There should be some sort of limit on how long officials track the movements of a suspect, even with a warrant. When it goes on for too long, the tracking then becomes a violation of a person's expected privacy.
As you can likely tell, this matter creates some gray areas and will likely come up in cases down the road. The court's decision could likely be the first of many more that will build upon it with further details.
Source
The Washington Post: "Supreme Court: Warrants needed in GPS tracking," Robert Barnes, Jan 23, 2012
]]>The most recent "Teen Mom" crime drama is that one of the now 20-year-old stars is in trouble for reportedly violating a restraining order that was out against her. The reality star is not a stranger to legal trouble. In fact, she was arrested not even a week before this violation for supposed harassment and threats. Our source does not indicate who the target of that supposed behavior was.
]]> The mug shot from the young mom's most recent arrest for the restraining order violation shows her flashing a wide smile to the camera. Even though the young lady isn't a teen anymore, it seems as though she hasn't learned much from her rough teen years.Her reported repeated violations of the law, including her alleged drug use, a past assault that was caught on camera and then what seems to be her unwillingness to accept the seriousness of her legal troubles, could soon land her behind bars and, therefore, out of her boy's life and out of the MTV spotlight.
She's been on probation since last March following an assault conviction. Repeated violations of probation, not to mention a restraining order violation, can show the court that an offender is unwilling to respect its orders. That can be a recipe for receiving jail time. This woman isn't 16 and pregnant anymore. She is an adult, and the court will handle her behavior more seriously now that she's all grown up.
Source
ABC News: "NC 'Teen Mom 2' Star Arrested Twice in 6 Days," Jan. 17, 2012
]]>Some are specifically questioning the extreme DUI case involving an Arizona officer who was arrested back in December. She was reportedly investigated by police after committing multiple traffic violations and ultimately became the subject of a drunk driving investigation. The incident initially resulted in charges, but they didn't last.
]]> According to a Tucson report, the county prosecutor dismissed the initial charges because the police department hadn't yet provided the necessary information in order to support the case. So, at this point, some wonder whether the charges will be refiled or whether it pays to be a police officer when it comes to supposedly breaking the law.A DUI defense attorney not involved with this particular case suggests that this isn't a case of preferential treatment. He suspects that the prosecutor is simply trying to carefully manage the case in order to make a strong argument against the suspect. An extreme DUI is a serious allegation. That means that the defendant's blood alcohol concentration allegedly measured in at above 0.15.
Currently, the suspect may not be facing criminal charges, but she is on leave from the police department. A mere criminal accusation can often have an impact on a person's career. If charged with drunk driving, a suspect shouldn't hesitate to defend his name with the help of an aggressive criminal defense attorney.
Source
KVOA.com: "County Prosecutor has not filed charges in Marana officer's DUI case," Jan. 12, 2012
]]>The drama that the Arizona incident sparked continues. As the last post says, Bundgaard gave up his governmental position. He didn't believe that the Senate Ethics Committee was prepared to give him a fair chance at defending his name and position. But the focus on the domestic violence matter continues, with two bills going before legislature that sources suggest were specifically inspired by the high-profile matter.
]]> According to The Arizona Republic, the very senator who requested that Bundgaard sit before the ethics committee is sponsoring the two legislative bills related to lawmakers' arrests and domestic violence in Arizona. The following is a breakdown of the general ideas behind both legislative proposalsSenate Concurrent Resolution 1007
When officials arrived at the scene of the domestic dispute involving Bundgaard and his ex last February, they couldn't arrest the senator. There is a law that prohibits the arrest of lawmakers during the legislative session. They can only be arrested for crimes related to their position as lawmakers, meaning that an allegation of domestic violence didn't result in Bundgaard's arrest. This bill seeks to do away with that law.
Senate Bill 1027
This proposal seeks to give those who plead guilty or no contest to any misdemeanor domestic violence charge stricter sentencing, including required treatment and education regarding domestic violence, supervised probation, at least two days in jail and a fine of at least $50.
It's important to emphasize that pleading no contest is essentially not the same as pleading guilty. It can be a way to avoid prolonging a criminal case. In Bundgaard's case, he likely wanted to get his name out of the limelight and move on with his life. That, as the continued posts about him make evident, has not been very easy for him to do.
Source
The Arizona Republic: "Insider: Bundgaard still inspires at the Capitol,"Alia Beard Rau, Jan. 10, 2012
]]>Bundgaard was accused of domestic violence by his former girlfriend. The couple reportedly got into an argument and pulled over on the side of the road on the night that's been in question by not only legal authorities but by the Senate Ethics Committee as well.
]]> As for the legal implications of Bundgaard's involvement in the domestic violence matter, he pleaded no contest to misdemeanor endangerment. He consistently has denied that he was violent toward his ex and has actually accused her of wrongdoing. She was never charged with a crime.With the criminal process related to the high-profile incident behind him, now the Senate Ethics Committee hearing regarding the matter is behind him, too. After briefly seeing how the hearing process would go, Bundgaard decided to back out of the process, as well as his position as senator. He and his attorney didn't believe that he could get a fair, unbiased chance at saving his name and reputation.
A person's name, reputation and career are not things to take lightly. They take hard work and dedication to earn. It isn't uncommon for a charge like domestic violence to put those precious things at risk.
The upcoming post will continue a discussion about domestic violence and some legislative proposals related not only to that legal matter, but possibly related to the Bundgaard incident as well.
Source
Phoenix New Times: "Scott Bundgaard's Attorney: Senator Resigned Because Ethics Hearing Was Unfair," James King, Jan. 6, 2012
]]>But the passion to expand gun rights in Arizona remains, and a proposal is already set to meet the Legislature as soon as Jan. 9. Supporters of the bill believe that its content this time around addresses the reasons why such bills have been rejected in the past. Of course, critics of allowing guns on campus will continue in their fight against gun rights, as well.
]]> Last year, the bill that was similar to this one sought to allow those in Arizona with conceal-and-carry permits to carry their firearms on public campuses' rights of way, such as parking lots and sidewalks. The bill got through the Legislature, but Gov. Brewer ultimately brought it to a halt because she thought that "rights of way" were not clearly defined.This year's proposal is a bit different and more clearly defined. It seeks to allow those with conceal-and-carry permits to carry their guns in public universities' parking lots and on campuses. Schools wouldn't be allowed to ban guns entirely. They could, however, limit people from carrying guns inside campus buildings by posting signs regarding the building ban and providing storage lockers.
The National Rifle Association supports this bill, whereas the powerful group neither supported nor rejected it last year. The NRA's support provides the bill's sponsors with confidence that gun rights will expand to Arizona's public campuses. But gun control enthusiasts still argue that putting more guns on campus won't protect people from crimes of violence. They believe that places of education should be gun-free zones.
Source
The Arizona Republic: "Arizona legislators renew push for guns on campus," Alia Beard Rau, Dec. 28, 2011
]]>One Arizona woman did not take advantage of her right to remain silent when she was arrested for a domestic violence incident last week. When met with law enforcement, she reportedly told them, while laughing, that she tried to teach her husband a lesson by running him over with her Jeep.
]]> Domestic violence situations are very common. Family or romantic relationships are some of the most emotionally charged relationships we share in this life. According to reports, the domestic assault suspect in this case was upset because her estranged husband was involved and living with another woman. Many men and women can identify with the emotion that such a situation would bring out in them.But what is also common with regards to domestic incidents is that charges are fueled by lies or misunderstandings. In this Arizona case, the husband reportedly got through the assault without serious injury. He addresses that his wife did attack him, but he also emphasizes that her behavior was a result of his own behavior. He doesn't want to pursue charges against his wife.
In the eyes of the law, however, the husband's opinion about what happened doesn't negate the fact that his wife confessed to the assault. She faces an aggravated assault charge for the domestic incident. The system could be tougher on the defendant because Arizona will elevate a violent offense charge when a deadly instrument is used in the alleged incident. In this case, the defendant's use of her car could mean a more serious charge of a "dangerous offense."
Source
My Fox Phoenix: "Jilted Wife Runs Over Estranged Husband," Dec. 27, 2011
]]>Individual states are responsible to set their own drunk driving laws and sentencing, and Arizona has set laws in the past decade involving ignition interlock devices. The devices make it so that a person cannot start his car if alcohol is detected on his breath.
]]> In 2001, Arizona put a law in place for repeat DUI offenders that required them to use ignition interlock devices in their cars. That law won't change next year. It's the law that was passed in 2007 that will be altered.Since 2007, those convicted of a first DUI have had to pay to have and maintain interlock devices in their cars for a year. As of 2012, first-timers will still have to use the devices, but they will have them for six months rather than for a year. Still, they will have to pay the reported $120 to have the machines installed, including the $80 monthly maintenance costs.
The Arizona Republic reports that Mothers Against Drunk Driving is not thrilled with the upcoming change in DUI sentencing. The group intends to challenge the law if the reduced sentencing results in a higher rate of drunk driving-related fatalities.
Source
The Arizona Republic: "DUI sentences to ease in 2012 for first time offenders," Alia Beard Rau, Dec. 25, 2011
]]>That alleged bias comes in the form of supposed racial profiling, faulty investigations involving Latino victims and excessive forced used against Latinos in custody of Maricopa County officials. A recent report adds to the speculation regarding discrimination. A Latino inmate who was put in a local jail for an assault charge died this week. His family suspects his death was the result of county employees using excessive force against him.
]]> According to news reports, the 44-year-old man was booked in jail last Thursday night for suspicion of assault. Employees at the jail claim that the inmate became hostile and violent, meaning that they had to use force to restrain him and get him into a protected cell. It sounds like their efforts went a bit far, according to the extent of his injuries.The Latino inmate became unresponsive and needed emergency medical care. He was taken to a hospital last Friday with no brain activity and survived only due to the assistance of medical technology. Earlier this week, the man's family took him off of life support, and he passed away.
When someone is arrested, charged or even convicted of a crime, he doesn't lose all rights. He certainly shouldn't become a punching bag for the government workers who are there to keep things in order. The family of the inmate in this story has every right to demand a thorough investigation into their loved one's death and to take action against the county should they find that excessive force was used.
Source
Fox News Latino: "Man in Latest Sheriff Arpaio Scandal Dies After Taken off Life Support," Dec. 21, 2011
]]>It's not just one force working to nab drunk drivers, but reports indicate that seven different agencies from around the Valley area are joining together to make this a tough year for supposed DUI offenders. Forces joining together include those from Phoenix, Mesa, Scottsdale, Chandler and more.
]]> So what does this mean for the average Phoenix resident? It means a couple of things. Arizona residents must understand that the state takes drunk driving very seriously. Even if you are not above the standard 0.08 legal limit, if law enforcement proves that your ability to operate a motor vehicle was impaired in the slightest degree by alcohol or drugs you can be charged with a misdemeanor DUI.Even a misdemeanor DUI in Arizona, however, can lead to mandatory sentencing involving jail time, fines and driver's license suspension. That doesn't sound like the most joyous way to bring in the New Year.
Research shows that an estimated 5,000 people get arrested for suspicion of DUI in Arizona annually. Don't think that you or a loved one could never fall into that pool of people. To mitigate the serious impact that a drunk driving charge can have on one's life, the expertise of a straightforward, experienced criminal defense attorney is crucial.
Source
My Fox Phoenix: "DUI Task Force: Hundreds of Arrests Expected," Dec. 17, 2011
]]>ABC News reports that country music star Rodney Atkins has filed to divorce his wife because of claims she's made against him. She alleges that Atkins assaulted her last month during an argument at their home. Atkins and his legal team vehemently deny the domestic violence allegation. Currently, he's not suing over the accusation. But he has filed for a divorce.
]]> The reported domestic violent incident would have taken place on Nov. 21 while their only child was in the home. Mrs. Atkins claims that her estranged husband was drunk at the time of the argument and he tried to suffocate her. Atkins insists that the argument never became physical.Romantic and familial relationships can be full of emotions. Some are good, but when things turn bad, all of the sudden falsehoods can spew out of a person's mouth. It is still early in the investigation of the Atkins' reported incident, but it wouldn't be the first time that a spouse has falsely accused their partner of domestic abuse.
Allegations of domestic violence stick to a person's name and reputation like glue. Even if the charge is denied and found to be false, the damage of a mere accusation can be long-lasting. To mitigate the effect that a domestic assault claim can have on a person's name and livelihood, an aggressive criminal defense attorney can help.
Source
ABC News: "Atkins Files for Divorce, Attorneys Deny Assault," Caitlin R. King and Chris Talbott, Dec. 15, 2011
]]>