The Best Criminal Defense Blog Posts For December

Since the “best of the month” blog post at my DUI blog has received a lot of positive feedback, I thought I should do the same here.  I have searched far and wide and these are the best criminal defense blog posts that I have found in December.

• Will video kill our access to the courts? – A very good observation and opinion regarding the slow eroding of a person’s constitutional rights.
• What is scientific testimony? – A great post that argues that we shouldn’t just use the scientific method when we want to, or when it is convenient.
• 2,383 and Counting: Felonies have come a long way, baby – This post looks at the growth in the number of crimes becoming felonies.
• Lizards Don’t Laugh – O.K. it was written on November 30, not in December.  However, I just started this best of the month list, and his post is really good.
• The Arizona Association Of Criminal Defense Lawyers Is Here For You, Somewhere -  You should also read his follow up post, “Going to The Maricopa County Lawyers Rally Today?  These posts essentially critique the response of the Arizona legal community to County Attorney and Sheriff controversies; and the author’s criticism is exactly why they are here.

If you think I left out a deserving author, please let me know.

Thanks,

Lawrence

How Much Probation Can They Give Me?

The amount of probation a person can receive for an Arizona criminal conviction is one of the questions I am most frequently asked.  Thus, I have put together the following table.  The table is based upon Arizona Revised Statute §13-902.  Here it is:

Remember that the above probation terms are the maximum and are for general crimes.  The sentencing court can certainly give a substantially shorter term of probation.  Moreover, even if a maximum term of probation is initially given, the court has the discretion to terminate probation early.

Some felony convictions, regardless of class, have special lengths of probation pursuant to statute.  For example, for Arizona DUI convictions, or Arizona Extreme DUI, the maximum term of probation is five years; And for a conviction of an aggravated DUI offense pursuant to §28-1383, up to ten years. A.R.S. §13-902(B).

Persons with outstanding restitution payments are subject to an extension in their probationary period of up to five years for a felony and up to two years for a misdemeanor.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.

Is Reading And Writing A Requirement To Serve On A Jury?

We should all be able to agree if you are charged with a crime, you should get a fair trial. An obvious prerequisite to a fair trial is that the jurors at least understand everything going on in the courtroom. That is, a juror should, at a minimum, be able to comprehend all evidence presented and understand the rules (i.e. the jury instructions) provided by the judge.

What if a juror says to the judge, “I can’t read English” Upon further questioning, you discover the juror can speak (relatively) fluent English, but can’t read or write even one word. When this happened during one of my trials, my first thought was, let’s just get an interpreter. However, this juror spoke an eastern European language for which there was little chance of finding an interpreter on short notice. What should the court do in this situation?

I submit that reasonable minds can disagree on the answer to this question. My stated position, based on his inability to read or write any English, was that he could not be a fair and impartial juror for my client (moreover, I had a feeling this juror, who grew up in a former Soviet bloc country, may not value the presumption of innocence.) I argued that, absent an interpreter, being a juror required the ability to read and write (i.e. jury instructions.) Moreover, how could we ever qualify how much English he really knew? So I motioned to strike him for cause.

The prosecutor took no position. The judge denied the motion. In all fairness, the judge had a reason. He believed we could accommodate the juror by having his judicial assistant read this juror the jury instructions. However, my response was: (1) We can’t tell how much English he really knows without speaking his language; (2) in Arizona, jurors can write down questions to ask a witness. It seemed unlikely that he would get the clerk and have her ask the question; and (3) sometimes there are words that have no translation from English to another language. Not all languages have an adequate vocabulary to translate the concept of “beyond reasonable doubt.” The judge was not persuaded. He denied my motion. My tactic was to now turn towards the prosecutor. I discussed the possible appellate issues, and we agreed he would strike the juror to avoid the issue.

So, after the trial, I did some research, talked with my appellate attorney guru friend and concluded that under Arizona law, the judge may have been in his discretion to keep the juror. It would be a close call. Arizona law would most likely require me to show actual “prejudice” by keeping the juror on the panel. Under Arizona law, this would be almost impossible.

Consequently, if you thought the ability to read was a prerequisite for jury service, then think again. Not only is it a real possibility that your juror may not be able to read, it is also legal.

High Tech Porn Can Mean High Tech Trouble

Law enforcement and prosecutors hear this defense all the time: “it wasn’t me.”  If you went and visited a state prison, you would probably hear a lot of people behind bars say “it wasn’t me.”  Let’s face it: a lot of people will not own up to a crime that they have committed.  Thus, when you hear someone say “it wasn’t me,” your natural assumption is that the person is lying.  However, according an article by Debra Cassens Weiss, a senior writer with the ABA Journal, when it comes to illegal internet pornography, we may need to rethink our assumptions.

Cassens discusses an issue that I have been hearing from experts for the past couple of years.   In her article entitled “Viruses Can Infect Computers with Child Porn, Leading to Legal Charges,” she discusses the growing number of cases when another person hijacks your computer to view or store child pornography.  Cassen’s article states:

Viruses can infect your computer, allowing pedophiles to view child porn when your PC is online or to use your computer to surf child porn sites….An infected computer may be the least of your problems, the Associated Press reports. “An Associated Press investigation found cases in which innocent people have been branded as pedophiles after their co-workers or loved ones stumbled upon child porn placed on a PC through a virus,” the story says. “It can cost victims hundreds of thousands of dollars to prove their innocence.”

AP cites the case of Michael Fiola, a former investigator with the Massachusetts agency that oversees workers’ compensation. An Internet bill for his state-issued laptop showed he was using more than four times the online data of his colleagues. An investigation found child porn stored in a folder that contains images viewed online…Fiola was fired and charged with possession of child pornography. He spent $250,000 on legal fees before prosecutors dropped charges. An inspection of the laptop had found it was programmed to visit as many as 40 child porn sites per minute.’

Consequently, the next time someone says “it wasn’t me,” maybe we need to run a virus check before we assume they are lying.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.

Frequently Asked Questions About Sexual Allegations In Divorce (SAID)

What is S.A.I.D. Syndrome?

Because of the growing number of false sexual allegations in divorce cases the term SAID syndrome was created to identify the problem.

What are some scenarios in which we commonly see false allegations of sexual misconduct with a minor?

(1)The allegation of sexual abuse occurs only after a divorce or other legal proceeding is initiated; (2) Where one of the parents is suffering from some type of trauma or mental illness (which may or may not be diagnosed); and (3) The introduction of a step-parent into the family after a difficult divorce.

What are some things that lead to a person being falsely charged with a sex crime?

(1) When a therapist involved in the situation has little or no experience with sexual assault cases and has made an unsupported conclusion; (2) when the police department investigating the incident does not have extensive experience with sex crimes cases.  Often there is a belief that no one would ever make such false allegations.  However, experienced sex crimes detectives, familiar with S.A.I.D. syndrome, know this is a real issue.  Unfortunately, not all cases are reviewed by fair and experienced sex crimes detectives; and (3) when one of the family members intentionally falsifies the evidence and omits vital information when reporting the incident to the police.

What are some things that can be done if there is a false allegation of sexual misconduct with a minor?

While all cases are different, in general, here are some of the things that we have done in the past to help prove an allegation of sexual misconduct is false.  To start, you need to complete the investigation that the police failed to do in the first place.  First, I recommend bringing on a former sex crimes detective to assist with the case and do an independent investigation.  This will help outline what is required for a proper investigation and determine what else should be done.  Second, we should consider a polygraph test.  It is not uncommon in these cases that police would like you to do a polygraph test.  However, they usually just ask you to go down to the police department and do one of their tests.  I usually recommend a private polygraph test with a trusted professional.  Third, we should also consider a psycho-sexual evaluation.  This is an evaluation by a therapist trained to identify these types of sexual issues.  A positive report from such a professional, combined with the other items listed above may convince law enforcement that they made a mistake or have a problem with the case.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.

Frequently Asked Questions About Arizona Drug Crimes

Drug use seems to be a never-ending problem in Arizona.  As a result, we have a never ending amount of people becoming criminals.  If you were sitting in one of Arizona’s courts devoted solely to the resolution of drugs cases, the lines would resemble those at Costco or Sam’s club.  It is common for an Arizona court to handle over 100 drugs cases in a day.  In practical terms, people are being made into felons for drug charges at an alarming rate.  However, not everyone in those lines at court has the same fate.  Not every person charged is convicted.

Here are some frequently asked questions about Arizona drugs crimes:

What does it mean when the State of Arizona says the drugs were over the threshold amount?

When drugs are possessed in sufficient amounts, Arizona law requires mandatory prison.  Each drug has a different specified amount that triggers a mandatory prison sentence.  The specified amount is called the “threshold” amount.  However, simply because you are found with an amount above the threshold that does not automatically mean you are going to prison.  The issues of whether the amount of the drugs found is over the threshold amount is commonly debated and confronted.

What are the most common illegal drugs prosecuted in Arizona?

Marijuana, Hashish, Cocaine, Crack Cocaine, Methamphetamine (meth), Heroin, Opium, LSD, PCP, psilocybin mushrooms, and ecstasy (MDMA).

Is there any way to get a charge of possession of drugs dismissed without a trial?

Obviously, no one can predict how a case will result without all the facts.  However, for possession cases, you may be eligible for diversion.  Diversion requires you to do drug education and monitoring.  If you successfully complete the program then your case may be dismissed.  There are times when people are not initially offered diversion when they are eligible.  This is usually because of incorrect information in the possession of law enforcement.

What does it mean when I am charged with possession for sale by the State of Arizona?

If you have been found in possession of larger amounts of drugs, then the State may claim you possessed the drugs to sell.  The most common example is being found in possession of several pounds of marijuana.  Law enforcement will inevitably claim that this much marijuana was more than needed for personal use.  However, usually more than just mere quantity is needed to support this claim.  Law enforcement will look for what they term “indicia of sale.”  This usually includes items such as scales, baggies, currency, etc…  Unless, of course, the quantity is so great that is not possible that the drugs are for personal use.  For example, if you are found with 100 kilos of cocaine, it unlikely that such an amount is for personal use.

How do you fight the charge of “possession for sale”?

The basis for the State to show you possessed drugs for sale is generally the opinion of a police officer.  The State is going to use the police officer as an “expert.”  The will say that the officer has specialized knowledge in drugs sales and based upon their “expert” opinion, these drugs were possessed for sale.  In my experience, to fight these charges you may need your own expert.  I generally employ a former drug enforcement officer and get my own independent opinion as to whether the drugs were possessed for sale.  Moreover, you also want to examine and possibly challenge the evidence provided to the grand jury that was the basis of the indictment.  The prosecutor must present both sides of the story to a grand jury when then indicate (charge) a person.  If they fail to present clearly exculpatory evidence, then that is a violation of Arizona law.

What if I was just a passenger in a car in which drugs were found?

There is no crime in Arizona of “guilt by association,” but there is something close to it.  Arizona law makes a distinction between ownership and possession of drugs.  You do not have to own drugs to be guilty of possession of drugs.  In addition, more than one person can posses drugs at the same time.  For example, if you are driving a car and a person has drugs in their pocket, it is unlikely that you possessed the drugs.  You did not have access to them, nor could you exercise any control over them.  On the other hand, if you are driving a car and there is three pounds of marijuana sitting on the consol then it may be determined that both you and the passenger “constructively” possessed the drugs.  You both had knowledge and the ability to control the drugs.  However, there will still be a debate as to whether you were “merely present” while someone else possessed the drugs – which is not a crime.

The issues arise when drugs are found in a residence shared by multiple people.

Can I get my drug charges expunged?

Arizona recognizes a manner to help clear someone’s criminal record.  Many states use the term expungement.  However, Arizona refers to this as “setting aside” a conviction.  Moreover, Arizona law also permits the courts to restore someone rights (i.e. vote, etc…) after criminal conviction.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.

7 Frequently Asked Questions About Criminal Seizure and Asset Forfeiture

Asset forfeiture occurs when the government claims someone has profited from criminal activity.  The government will then attempt to seize the proceeds of that criminal conduct.  However, law enforcement often seizes money and property well beyond what the law allows.  Common scenarios include a person who was not involved in a crime yet has their property taken; or when there has been a minor crime, but there is substantial overreaching by the government in what they take from the person.

Below are answers to several of the questions I am often asked about government seizure and forfeiture.

1.  May law enforcement simply take my assets if they think I committed a crime?

No, the asset (usually, cash, bank accounts, jewelry, real property, automobiles, etc…) must be seized through the judicial process. Arizona has laws that dictate specific procedures the government must follow to seize property.  Generally, if the government can make a showing of probable cause that the assets were obtained as fruits of criminal activity, or “traceable” to the criminal activity, the courts will allow the seizure.

Then, the government has to prove in a civil, administrative or criminal proceeding that the asset was used to facilitate criminal activity (i.e. fraud or drug trafficking), or was derived from criminal activity, for it to be forfeited to the government.

2.  How are assets seized?

Assets are seized by law enforcement incident to arrest, a search warrant, consent or with a seizure order.

3.  What type of assets can be seized?

Contraband (i.e. illegal drugs and illegal weapons) is the most well known type of property seized by the government.  Obviously, this type of property does not cause many disputes.

Beyond contraband, the government may take alleged proceeds from criminal activity such as vehicles, houses, funds in bank accounts, cash, or an entire business enterprise.

4.  After my property is seized, what happens to it?

When an asset (such as cash, a home, or a vehicle) is seized by the government, it is stored in the same manner as evidence in a criminal case. Departmental reports are drafted indicating the identity of the property owner, an estimated value and a description of the asset.  Moreover, any liens are also recorded.

5. What law enforcement agencies are involved in seizures and forfeiture proceedings?

State, Municipal and Federal law enforcement all regularly conduct seizure and forfeiture actions.  Some of the agencies involved are the Arizona Attorney General’s Office, the Maricopa County Attorney’s Office, the Pinal County Attorneys’ Office, the Pima County Attorneys’ Office, the Coconino County Attorneys’ Office, The Yavapai County Attorneys’ Office, etc…  Moreover, most federal agencies, such as the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) also conduct these proceedings.

6. Does law enforcement have to prove I committed a crime prior to seizing my assets?

Surprisingly, the government need not obtain a criminal conviction prior to taking a person’s assets.  Seizure and forfeiture proceedings are considered civil (non-criminal) matters. Thus, law enforcement need merely meet the civil standards to take property, and not the more stringent criminal standards.  The procedures for taking property are specified in Arizona Revised Statutes, Section 13-4310.

7. Can you fight the forfeiture?

Yes. Arizona law permits a person whose property has been seized to contest the government seizure.  Arizona law specifically provides that certain property is not subject to forfeiture.  It is common that law enforcement fails to observe these statutory requirements when they take property.  Thus, a person may be able to recover their property if the government did not observe these laws or follow the proper procedure.

In addition, many circumstances involve a property owner that has no relation to the alleged crime.  This person may not have been present at the time of the alleged crime, nor even had any knowledge of it (i.e. loaning an automobile to someone who committed a crime.) The so-called “innocent” property owner has the legal right to contest the seizure of her property.

In sum, the mere fact that property has been seized by law enforcement does not mean that it was a lawful taking.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.

How To Almost Make Your Criminal History Go Away

Criminal convictions can devastate a person’s future.  Even mere contacts (i.e. arrests, investigations or acquittals) with the criminal justice system can impact a person’s professional, social and financial welfare.  Arizona law does provide for some remedies to mitigate the impact of a history with the criminal justice system.  Many people ask the question,  “Can a criminal conviction be expunged?”  Arizona does not use the term expungement, but there are remedies similar to expungement.  Below is a list of answers to frequently asked questions regarding these remedies for someone with a criminal history.

Can an Arizona criminal record be expunged or erased?

No.  Arizona law does not recognize an expungement of a criminal conviction so that it is erased from your record.  However, Arizona law does provide that a person may have the judgment of guilt “set aside.” Under Arizona Revised Statute, section 13-907, an individual who has been convicted of a crime may request a “set aside” of her conviction under certain circumstances.  For someone who is convicted of a felony, a set aside can be very important because it has the effect of releasing the individual “from all penalties and disabilities resulting from the conviction” with a few exceptions.  While setting aside the judgment of guilt does not erase it from occurring, it does allow a person to explain that a judge has determined that judgment of guilt should be vacated.  This may be persuasive when trying to convince someone that you have moved on from the incident.

Can all Arizona criminal convictions be set aside?

Most criminal convictions can be set aside.  For example, most traffic offenses, including Arizona DUI convictions and Arizona reckless driving convictions, can be set aside.  However, Arizona law specifically prohibits setting aside convictions for the following offenses:

A crime involving the use of a dangerous instrument (i.e. car) or exhibition of a deadly weapon (i.e. gun, knife);

A crime involving or causing a serious physical injury;

Crimes where there has been a finding that there was a sexual motivation or a requirement of sex offender registration;

Crimes involving driving on a suspended or canceled drivers license;

A crime where the victim was a minor and also under the age of fifteen;

A violation of any local ordinance relating to standing, stopping, or operation of a vehicle.

What makes a person eligible to have a conviction set aside?

If a person is attempting to set aside a conviction that is eligible for a “set aside” under Arizona law (i.e. DUI, most felonies), she still must meet other requirements.  A person convicted of a crime must have fulfilled the conditions of her probation or sentence and have been discharged by the Court.  Additionally, if a person has been convicted of two (2) or more felonies and/or sentenced to prison, that person must wait two (2) full years before applying for the judgment to be set aside, to restore her civil rights, and to restore her gun rights.  It is then in the judge’s discretion whether a set aside will be granted.

If I have my conviction set aside, will it still show up on a background check?

Yes, assuming it is a comprehensive background check.  However, if it is an accurate background check, it should also reflect the fact that the judgment of guilt was “set aside.”

If I was wrongfully arrested, is there a way to get the record of an arrest sealed?

Yes. Under Arizona Revised Statute § 13-4051, “[a]ny person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.” After a hearing on the petition, if the judge believes that “justice will be served” by sealing the record, the judge shall “issue the order requiring the entry that the person has been cleared on such records.”  If the request is granted, then all law enforcement agencies and courts “shall not release copies of such records to any person except upon order of the court.”  In addition, if a person who has notice of such order fails to comply with it, they may be liable to the person for damages.  However, you should remember that these requests are by no means automatically granted, and the decision to seal is based on judicial discretion.

If an Arizona DUI conviction is set aside, does that mean I can get rid of my ignition interlock device?

No.  If an Arizona DUI conviction is set aside, there is no effect on the Department of Motor Vehicles issues.  Therefore, any suspension, point totals, traffic school requirements or interlock devices requirement will stay in place if a DUI conviction is set aside.

Does setting aside a conviction restore the rights I lost when convicted of a felony?

When a person is convicted of a felony, they lose certain constitutional rights such as the right to vote and the right to possess a gun. In most cases, the court has the discretion to restore those rights.  Merely “setting aside” the conviction does not, in all cases,  automatically restore all the rights a person had before the conviction.  For example, a person’s right to vote is not restored automatically upon a second felony conviction.  In that instance, a person must apply to have her civil rights restored.  Furthermore, the right to own a firearm is only restored after an application for restoration of that right and specific judicial order.

DISCLAIMER: The information in this blog is NOT legal advice, nor does it establish an attorney-client relationship between you and Koplow & Patane.  Legal advice usually varies from case to case.

If you need legal advice for a specific problem, you must consult with an attorney.  For more information about Arizona Criminal Law, please contact Koplow & Patane.

Can I Go To Work During My Jail Term?

There are many crimes in Arizona that result in a person serving a term of jail.  A term of jail can devastate a person’s career.  However, there are two programs that will allow a person to continue working while a person is serving a term of jail.  Furthermore, these programs DO NOT extend the time a person spends in custody.

Under both the Work Furlough and Work Release programs, a person may continue working and fulfill the requirements of their sentence.  In felony cases, the courts primarily permit the Work Furlough program.  In misdemeanor cases, the courts primarily use the Work Release program.  In some misdemeanor cases, the courts may also allow the home detention program.  Below are some frequently asked questions regarding the Work Furlough program.

What is the Work Furlough program?

When a person is sentenced to a term of jail, it may be possible for that person to be released to allow the person to continue working.  Inmates accepted into the Work Furlough program are permitted to participate in work outside of the jail at their places of employment.  However, the Work Furlough program has more restrictions than the Work Release program.

How do I get Into the Work Furlough program?

There are two ways by which a person may be accepted into the Work Furlough program: (1) by court order; and (2) by the programs’ screening and approval process.  The first step in the Work Furlough program is to participate in a Work Furlough orientation (held Monday through Friday).  After going through the initial orientation, inmates are given anywhere from four (4) to eight (8) hours to go home and collect some of their clothing (see below for further information), get the initial $125.00 Work Furlough payment money order, and to have the “letter of understanding” signed by their employer.  The inmate then returns to the jail facility and has their release hours set by a Work Furlough officer.    

Where does the jail house Work Furlough inmates? 

Inmates who are selected and approved for this program are housed in a separate area of the jail facility (in Maricopa County it is “Tents”).  Inmates who are approved for and participate in this program are allowed to wear their own clothing and are not “dressed out” in jail attire while they are completing their incarceration term.

What is the cost to participate in Work Furlough?

The Work Furlough program costs the inmate’s hourly wage plus $3.00 per day (7 days per week).  For example, an individual making $12.00 per hour would pay $15.00 per day for a total of $105.00 per week to participate in the Work Furlough program.  All earnings must be submitted to the Work Furlough program, and all Work Furlough fees will be deducted from the inmate’s earning, with the balance being returned to the inmate. 

How many days per week can an inmate work?

An inmate can work a maximum of six (6) days per week, and their release hours cannot exceed twelve (12) hours per day (including travel time).  D.U.I. offenders are limited to a maximum of only five (5) days per week out of the jail.  In addition, all inmates participating in the Work Furlough program must work a minimum of thirty-two (32) hours per week.   

What can Work Furlough inmates have with them in the jail?

Per the Work Furlough handbook, the following items are permissible:

-Prescription eyeglasses

-1 jacket or sweater (no hood)

-1 plastic flashlight (C size max)

-1 watch

-1 wedding ring

-1 wallet (DL or ID)

-1 paperback book or magazine

-1 non electric clock

-Prescription medication (to be dispensed by the jail)

-5 sets of clothes

-2 pair of shoes (plus an additional pair of “shower shoes”)

-2 towels

-$40.00 in cash

What types of clothing are not permitted for Work Furlough inmates?

Sleeveless shirts, tube tops, tank tops, low cut shorts, bathing suits, shirts that expose the stomach, clothing with unacceptable language or gang affiliations printed on it, see through clothing, flip flops, sandals, and steel-toed boots are all not permitted.

What about personal hygiene items?

All personal hygiene items (shampoo, razors, toothbrushes, toothpaste, deodorant, etc. must be purchased from the jail vending machines.

Am I allowed to go home during my work hours?

No.  When you are admitted to the Work Furlough program, you agree to travel only between your place of employment and the jail, unless you are specifically authorized to do otherwise by a Work Furlough officer.  If you are dismissed early from work, on any day, you are to page your surveillance officer and inform them of this and then return immediately to the jail.  You are not allowed to go home, or to the residence of family, friends, or employers for any reason. 

Is there anything a person about to serve a term in jail must do to qualify for the Work Furlough program?

Yes.  Prior to serving a jail term, a person must successfully complete a health screening and bring the completed health screening form with them when they begin their term of incarceration. A health screening is generally required for both the Work Furlough and the Work Release program (however, shorter terms of incarceration may not require the screening in the Work Release program).  The process requires a person to go to a healthcare provider (usually a family doctor) and have them do a TB test.  The provider must also complete the healthcare screening form that states the results of the test and that the person is healthy enough to serve the term of jail.  If a person is taken into custody without this form, then the jail will either not allow them to enter the Work Furlough program or put off the person’s participation in the program until the jail’s own healthcare providers can screen them.  This process could easily take weeks.  Thus, it is essential for a person to complete the healthcare screening and bring the completed form with them when they are taken into custody.

Do the rules of the Work Furlough program ever change?

Yes.  The jail can alter their rules, regulations and costs at anytime and without notice.  The above information is merely an example of the guidelines in place at the time of this writing and may not apply to a particular case.  When someone is about to serve a term of jail, they should contact the jail and the Work Furlough program to confirm what rules and costs are in place at that time.

Defending Arizona Aggravated Assault Cases

Arizona Aggravated Assault cases come in many different forms:

(1) A person driving a vehicle, while impaired, injures another person;
(2) A person who points a gun at another person and threatens them; or
(3) A bar fight where one of the people suffers a “Serious Injury.”

Moreover, if a “dangerous instrument” is used or a “Serious Injury” occurs, then the government will make an allegation that the Aggravated Assault is a “dangerous” offense. The dangerous allegation is the scariest aspect of an Aggravated Assault charge. A “dangerousness” allegation causes a mandatory prison sentence if convicted. Furthermore, the sentencing range is enhanced for a “dangerous” offense.

Typically, an aggravated assault charge is a class three felony. For first time offenders probation is available. However, if the government alleges and can prove a “dangerousness” allegation, then probation is not available and the presumptive term in prison is seven (7) years. The minimum sentence the judge can give is 5 years. Thus, if the best person in the world gets convicted of Aggravated Assault, and it is a dangerous offense, then the shortest sentence the judge can give is five (5) years.

So, your a first time offender, and you have been charged with Aggravated Assault, what needs to be done immediately? You need to do your own independent investigation. You cannot take what is in the police report as the gospel. Frequently, law enforcement will get only a piece of the entire picture. The reality of closing the investigation due to time constraints can get in the way of the truth. Many times it is necessary to have a professional investigator do a proper investigation and case analysis. Finding new facts is usually the best way to get the desired result. In addition, time can be of the essence. Things like video tapes, fingerprints, and memories can get lost and contaminated as time goes by. In addition, you should get all the available information on the victim and their alleged injuries. This process can be difficult because of Arizona’s victim’s rights laws. There are limitations on contact with alleged victims. Understanding when and if a potential victim may be contacted often requires a legal determination.

In sum, immediately doing a proper investigation may be the difference between criminal charges being filed, dismissed or reduced.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Koplow & Patane Online or by phone at (602) 494-3444.