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 the Koplow Law Firm Online or by phone at (602) 494-3444.

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 the Koplow Law Firm online or by phone at (602) 494-3444.

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 the Koplow Law Firm online or by phone at (602) 494-3444.

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.

Below is a list of resources for information on domestic violence.

• Arizona Coalition Against Domestic Violence
  301 E. Bethany Home Rd.
  Phoenix, AZ 85013
  Phone: 602-279-2900
  FAX: 602-279-2980
  TTY: 602-279-7270
  1-800-782-6400
  E-mail: acadv@azcadv.org
•  The Arizona Coalition Against Domestic Violence
  602-279-2900 or 800-782-6400
• National Domestic Violence Hotline
  1-800-799-7233
• Arizona Humane Society Project Safe House
  1-602-997-7585 Ext. 134