Why Defend A Criminal?

All criminal defense attorneys are asked the above question.  However, the answer will surely not be the same for every attorney.  Below noted criminal defense attorney Thomas Mesereau discusses the subject.  The next time I am asked the question “why do you defend criminals” I will simply adopt his answer.  Here it is:

What Remedies Are Available to Madoff's Victims?

Everyone who invested with Bernard Madoff has lost a tremendous amount of money. The victims are not just wealthy businessmen. On the contrary, many of the victims were charities. What remedies and restitution are available to them? This video addresses these issues:

What is the Crime of Possession of Narcotic Drugs?

The crime of Possession of Narcotic Drugs is found in Arizona Revised Statute, section 13-3408. This crime makes it illegal for a person to knowingly:

• Possess a narcotic drug
• Possess a narcotic drug for sale.
• Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.
• Manufacture a narcotic drug.
• Administer a narcotic drug to another person.
• Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.
• Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.

The potential punishment may vary for each of the sections of the statute. A person who:

1. Possesses a narcotic drug – is guilty of a class 4 felony;
2. Possesses a narcotic drug for sale – is guilty of a class 2 felony;
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug – is guilty of a class 3 felony;
4. Manufactures a narcotic drug – is guilty of a class 2 felony;
5. Administers a narcotic drug to another person – is a guilty of a class 2 felony;
6. Obtains or procures the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge – is guilty of a class 3 felony.
7. Transports for sale, imports into this state, offer to transports for sale or import into this state, sells, transfers or offers to sell or transfers a narcotic drug – guilty of a class 2 felony.

I Posted My Bail – So Why Won’t They Let Me Out of Jail?

So you posted your bond, you are ready to be released…ready to go home, but you are told the government will not let you go free until you have a Nebbia hearing.  In frustration, you ask “what is a Nebbia hearing?” 

What is a Nebbia hearing?

A Nebbia hearing, named after the case of U.S. v. Nebbia, 357 F.2d 303 (C.A.N.Y. 1966), is a hearing in which the court must decide whether or not the money or property posted as bail is the fruit of unlawful or criminal conduct.  In other words, did the money or property used to post bond come from legitimate sources?  The court may conduct a Nebbia hearing on its own motion.  However, the determination to hold a Nebbia hearing is left to the discretion of the court.  For example, in U.S. v. O’Brien, 895 F.2d 810 (1st Cir. 1990), the court held that even on motion by the government, the court ultimately retains discretion on whether or not to hold a Nebbia hearing.  Consequently, it is a not an automatic hearing that the State may invoke. 

Who bears the burden of proof?

The burden of proof in a Nebbia hearing is on the Defendant and his/her family to prove that the bail funds or collateral come from legitimate, honest sources.  The reasoning behind placing the burden on the Defendant in a Nebbia hearing is the belief that the Defendant is in a better position to prove the legality of the assets.   If the State had the burden of proof, the Defendant’s release could be delayed, as the prosecutor would have to gather all relevant and discoverable evidence to investigate the source of the funds. 

What kinds of cases involve Nebbia hearings?

Nebbia hearings are particularly common in narcotics and fraud cases, as the court is concerned that the bond money or collateral is coming from the very narcotics sales or fraudulent schemes that the Defendant is being charged with.   However, Nebbia hearings may come up in any criminal matter to ensure that the bond or conditions imposed will reasonably assure the defendant’s presence at trial.

DISCLAIMER: The information in this blog is NOT legal advice, nor does it establish an attorney-client relationship between you and the Koplow Law Firm.  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 the Koplow Law Firm online or by phone at (602) 494-3444.  Moreover, please also visit our DUI and Vehicular Crimes Blog.

What is the Arizona Crime of Bribery?

Bribery can be committed very easily, as it typically only involves words and not actions. One of the more common types of bribery is attempting to bribe a police officer with monetary compensation in exchange for the officer dismissing or overlooking potential charges against that person.

In Arizona, this crime is detailed in A.R.S. 13-2602- bribery of a public servant of party officer. The statute states:

“A person commits bribery of a public servant or party officer if with corrupt intent:

1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant’s or party officer’s vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or

2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant or party officer may thereby be influenced.”

It is also important to note that it is no defense that the person solicited was not qualified to act in the manner in which solicited for. In other words, a person can still be guilty of bribery even if they bribe an administrative assistant who has no power to dismiss criminal charges against that person.

Bribery of a public servant or party officer is a class 4 felony in Arizona.

Less common forms of bribery are commercial bribery (defined in A.R.S. 13-2605) and trading in public officer (defined in A.R.S. 13-2603).

It is also a crime in Arizona to offer to exert influence over another in Arizona for consideration. The common scenario in this case is a person offering to get that ticket dismissed because he knows the police officer for some monetary value. This crime, defined in A.R.S. 13-2606, is a class 4 felony in Arizona.

What is Forgery in Arizona?

A person commits forgery in Arizona if, with intent to defraud, the person:

• Falsely makes, completes or alters a written instrument; or
• Knowingly possesses a forged instrument; or
• Offers or presents, whether accepted or not, a forged instrument or one that contains false information.

In addition, the possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud. The Arizona legislature has made Forgery a class 4 felony. Consequently, if a person is sentenced to prison, the range of sentence is a minimum of 1 year and a maximum sentence of 3.75 years. The is a presumptive term of 2.5 years. However, it may be possible first time offenders to receive probation.

Resources for Arizona Methamphetamine Crimes

Below is a list of resources for methamphetamine issues.

• National Institute on Drug Abuse (NIDA): NIDA’s mission is to lead the Nation in bringing the power of science to bear on drug abuse and addiction.
• City of Phoenix Methamphetamine Resources
• Center for Disease Control and Prevention (Methamphetamine)
• National Center on Substance Abuse and Welfare

Resources for Arizona Theft Crimes

Below is a list of resources that provide useful information regarding theft crimes.

• Federal Trade Commission: The U.S. Government’s central Web site for information about identity theft includes government reports and Congressional testimony, law enforcement updates, consumer alerts, and links to other sites with helpful information.
• U.S. Secret Service Financial Crimes Division: The Secret Service investigates crimes associated with financial institutions, including bank fraud, access device fraud, telecommunications and computer crimes, fraudulent government and commercial securities, and electronic funds transfer fraud.
• U.S. Postal Inspection Service: the Identity Theft pages provide consumer tips, instructions on how to get off mailing lists and how to report unsolicited e-mail (“spam”), and links to information about identity theft and fraud.
• National Check Fraud Center
  The center provides assistance, information, and crime reporting information for counterfeit checks, forgery, check fraud, bank fraud, and white collar crimes.
• Equifax
  Equifax provides information on protecting yourself from identity theft and related resources, including Credit Watch, a credit monitoring program.
• TransUnion
  TransUnion provides credit and fraud-prevention data, including tips for avoiding fraud and fraud victim contact and reporting information.
• Experian
  Experian’s Consumer Knowledge Center includes fraud prevention information and resources.

What is the Arizona Crime of Leaving The Scene Of An Accident

The driver of any vehicle involved in an accident has a duty under Arizona law to stop and to provide assistance. The duty to assist arises in A.R.S. 28-663, and states:

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

Failure to comply with this statute can result in a class 3 misdemeanor charge.

The potential charge from a failure to obey the duty to stop at the scene of the accident is dependent upon the result of the collision itself.  For instance, if a person is killed or is seriously injured, and the driver of a vehicle does not stop at the scene of the accident, that person can be charged with a class 2 felony under A.R.S. 28-661(B). If any injury occurs, and the person fails to stop, then the person can be charged with a class 5 felony under 28-661(C). The court can also impose severe MVD consequences, including license revocation for 3-5 years, depending on the injury severity.

Leaving the scene of an accident that involved no injury but property damage carries a separate charge. If the accident occurred with another moving car, the person may face a class 2 misdemeanor charge under A.R.S. 28-662. Striking unattended vehicles or objects on the highway also requires a reasonable effort to locate the owner and to leave the information of the person who struck the vehicle or property. Charges of a class 3 misdemeanor can be filed under statutes 28-664 and 28-665 for non-compliance.