A wanted man in Michigan and now Arizona was recently arrested in Phoenix. The man, who was convicted in Michigan of sexual crimes in 1993, moved to Arizona sometime after serving his sentence. The 51-year-old allegedly failed to register his new address with Michigan and Arizona in violation of state law. He was named on the top ten most wanted sex offender website since 2010 and was arrested after police were given a tip about his location.
]]> Arizona state law requires that sex offenders verify their address on a yearly basis, at a minimum. Those who fail to register their address with the state can be charged with a felony that carries a potential sentence of 4 to 10 years. Although the man allegedly ran afoul of state laws, he will be charged in federal court.Being convicted of a sexual crime is an event that will damage a person's reputation and have a lasting impact on their personal and professional lives. Even false accusations can damage reputations and invoke a degrading and long-lasting investigation.
Source: thetimesherald.com, "Sex offender arrested in Arizona," Liz Shepard, May 3, 2013
]]>A trial date of June 3 has been set for three former sheriff's employees who face various felony charges associated with their alleged involvement in the drug trade. The three were arrested after a yearlong investigation by their department. The inquiry brought to light their alleged involvement with trafficking groups, common targets of aggressive Arizona prosecutors.
]]> Along with drug trafficking, some of the former employees of Maricopa County are thought to have assisted in human trafficking as well. The investigation ended with the arrest of 12 individuals and the raiding of numerous homes and businesses. All three have pleaded not guilty to the charges levied against them and are awaiting trials that will likely take place later this year.Since the individuals charged allegedly did much more than just sell drugs, they are accused of helping trafficking groups. As a result, prosecutors have a plethora of charges they could bring against the key players in this case. One of the charges is assisting in a criminal syndicate, a class 4 felony that carries serious consequences.
Being found guilty of a drug crime will significantly change the lives of most people, often in ways they'd never imagined. A strong defense can present options which can help mitigate or eliminate the damage from a drug conviction. Especially for those whose careers hang in the balance, enlisting the aid of an experienced criminal defense attorney is crucial.
Source: MyFox, "3 former sheriff employees set for Sept. 3 trial," April 30, 2013
]]>The controversial Cyber Intelligence Sharing and Protection Act, known as CISPA, may have reached the end of the line in the U.S. Senate. Earlier the White House has released a statement saying the bill would be vetoed if passed to the President as is due to various privacy concerns parties have raised against the bill. The bill, which passed in the House, will not be voted on, according to Senate staffers. Instead, various Senators are looking to create their own internet bills in the coming months. This follows the trend from last year, when the House passed a similar bill only to have it not picked up in the Senate, and replaced with a more specific bill that avoided addressing anything not related to the computer security of critical infrastructure.
]]> The bill, as passed by the House, has several provisions, which critics say pose a threat to the privacy of most Americans. If passed, the bill allows the government and private companies to share large amounts of data with little privacy protections. Current internet law has proven to be ineffective and often misguided in its attempts to categorize crimes and punish offenders.As the impacts of cyber-attacks grow the need for comprehensive and logical laws regarding internet security is at its peak. Due to the nebulous and unsettled nature of computer crime laws, those accused of computer crimes, should begin planning a defense as soon as possible.
Source: The Huffinton Post, "Senate Won't Vote On CISPA, Deals Blow To Controversial Cyber Bill," Gerry Smith, April 25th, 2013.
]]>According to the police, the arrests were focused on people with outstanding felonies. The police were planning this operation on a large scale and named the offensive "Operation Justice V." The Arizona agents say that approximately 50 percent of the warrants served in this operation are based on underlying drug charges.
]]> One of the men accused of a crime is 22-years-old and is charged with marijuana possession. According to the authorities that include a Deputy U.S. Marshall and other Task Force Officers, the man was tracked to a home where he was found taking refuge in a closet. It's important to note that the accused has not had a chance to respond to the charges levied against him by the police. At this point the article deals with the police version of events and the initial charges. The operation involved 180 agents that spanned two different Arizona counties and 30 different law enforcement departments.A person facing a drug charge in the state of Arizona should be aware of their rights and the possible penalties involved if convicted. In general, drug crimes are common across the state but the possible penalties may vary depending on the individual charges. Police must follow certain procedure during the arrest and any subsequent search and seizure. A good defense to a drug charge will incorporate a very detailed review of the evidence and the procedure of the arrest. It's important to have a strong, knowledgeable and experienced defense for drug charges in Arizona.
Source: CBS5 AZ, "AZ agents arrest 231 as part of fugitive roundup," Eric Zott, April 21, 2013
]]>A famous artist who is known for Texas' "Cadillac Ranch" was recently indicted on sexual assault charges stemming from allegations that he engaged in sexual acts with six teenagers. The artist who has suffered a stroke and prostate cancer is currently out on bond. The indictment added four new alleged victims in addition to the 15 and 16 year old boys he was initially arrested for allegedly assaulting. The artist allegedly gave the boys gifts in exchange for sexual acts.
]]> A grand jury indictment is a serious step down the path of being tried for an alleged crime. The artist in this case has been sued in civil court several times based on similar allegations. Four claims against him were settled in 2001 with an earlier one coming to a similar resolution in 1996. The only criminal charges against the artist stem from a 1998 settlement. If convicted of the charges the man may face serious jail time although his advanced age and medical needs may preclude him from actually being incarcerated.Allegations of sex crimes should be taken very seriously because even those proven untrue can have a negative effect a person's name and legacy. A vigorous criminal defense can be employed by an experienced criminal attorney in order to obtain the best possible result if faced with charges such as these.
Source: AZdaily "Millionaire Marsh indicted on sex assault charges" April 12th, 2013
]]>The U.S. House Judiciary Committee has drafted a proposed bill which would overhaul the already existing Computer Fraud and Abuse Act. After reading the proposed amendments internet activists are worried the bill is heading in the wrong direction. Since the death of Aaron Swartz, who was facing prison time for allegedly hacking a company and releasing academic journals online, there has been a public outcry for a change in the laws that led to his suicide. One critic of the proposed bill pointed out that the language was overly broad and was taken from a 2011 Justice Department crafted bill.
]]> The proposed amendments would increase the penalty for stealing trade secrets by five years and defines certain infrastructure such as the computers which control public systems. Critics are concerned with the bill's broad language that could make lying on a dating profile a felony. The language of the bill could also bring about situations where a minor misdemeanor can become a felony if the terms of service are violated.What the internet is, how it should be governed and what information should be available are issues where the internet's users and their governments have yet to find a middle ground. While the line between what is considered a crime and what is considered personal expression continues to shift, hackers and those like them will continue to be at risk for overzealous prosecution.
Source: PCMAG, "Cyber-Crime Bill Concerns Internet Activists," Chloe Albanesius, March 27th, 2013
]]>States are continuing their crack down on synthetic drugs after their negative effects became widely publicized. In Arizona, state senators have passed yet another bill aimed at eliminating the sale and use of such drugs in their state. While other measures have been previously passed, those measures fell short as the drug makers were able to alter the drug enough to stay within the law. These synthetic drugs are harmful as the effects can sometimes lead to violent rampages resulting in the deaths of not only the user, but potentially innocent bystanders.
]]> Arizona's new law takes aim at making the compounds necessary for the creation of the drugs illegal. By criminalizing the base compounds it is hoped that the drug manufacturers will not be able to get around the law by simply changing one or two ingredients. The law also makes it a felony to possess or use the drug. This means that retailers who carry the drug in their stores can be subject to arrest and felony prosecution under the law. A special feature of the proposed law is that it will become effective the moment the Governor signs it into law.The war against drugs has taken an interesting turn in recent years. This new law demonstrates how legislation is created to keep up with the evolving drug scene.
Source: AZFamily, "Arizona Senate passes synthetic drugs bill" Andrew Michalseck, March 28, 2013
]]>U.S. Marshals are continuing their search for two individual accused of being involved in an alleged multi-state drug operation that went from Missouri to Arizona. The investigation into the pair's alleged activities began in 2010 and involved multiple federal, state and local law enforcement agencies. The operation allegedly worked by having a number of people transport methamphetamine to the pair's house in the Ozarks where it was then sold throughout several states. The two were arrested after being served with a warrant and were released on bail after being indicted by a grand jury based on their alleged actions. The pair has not been seen since their release.
]]> Drug charges are serious regardless of the amount or the type of drug involved. While marijuana has been decriminalized or legalized in a few states it is still very much illegal at the federal level. Transporting drugs across state lines involves interstate commerce which raises most alleged crimes to the federal level. A federal conviction can result in a significant prison sentence, fines and other penalties.Being charged with a drug crime is something most people would like to avoid. Even those in disagreement with current laws must at least acknowledge their existence and the consequences for being caught breaking them.
Source: KSPRABC "U.S. Marshals searching for pair in large drug operation" Dave Stewart, March 21, 2013
]]>An 18-year-old man was recently arrested in Florida after being accused of having sex with a minor. While the man has yet to be formally charged, his arrest stems from an alleged relationship he had with a 14-year-old girl. The police allege that he and the girl had sex in 2012, which resulted in the girl becoming pregnant. Before charges could be filed in the case, though, the young man moved to Florida. After his relocation, Arizona issued a warrant for his arrest.
]]> Arizona has some of the harshest punishments in the nation for sexual misconduct involving teenagers. The type of charge brought against the alleged perpetrator can vary depending on the age of the victim and the specific sexual acts which are alleged to have occurred. Had the girl been under the age of 12, for instance, the man would be facing a possible life sentence for each charge of sexual conduct.As society continues to change, so do the laws that govern its people. In a post-sexting world, cultural changes may lead to alterations in current laws, but aggressive prosecution is still the current reality for those accused of sex crimes. While extradition to Arizona is pending in this case, the accused is being held on a hefty $150,000 bail.
Source: ABC "Arizona man arrested in Florida in sex case" March 7, 2013
]]>The city of Tuscan is taking a proactive stance when it comes to trying to account for the number of guns flooding the streets and illegal markets. Authorities are attempting to follow a model already laid out in other cities by making it mandatory that all gun owners report lost or stolen weapons. The purpose behind the proposed law is twofold. First the law would allow police to more effectively identify stolen weapons which could have the effect of helping prosecutions. Secondly the law will help eliminate the ability of people to hide their involvements in a crime by claiming their weapon had been stolen.
]]> The law may face challenges as Arizona prevents municipalities from passing laws which are stricter than their state counterparts. The argument against the law may fail depending on the type of penalties attached with violated the law. Although the penalties are likely to be light as a councilman has stated, the purpose is not to punish but to gather information which can be of use to law enforcement.Similar laws have been passed in many cities around the nation over the course of the last few years. If the reporting system is effective in helping curb the number of guns in the hands of dangerous individuals more laws are likely to follow as the country tries to find it policy on gun control.
Source: ArizonaDailyStar "City may seek reports of lost, stolen guns" Darren DaRonco March 8, 2013
]]>For at least the last six years the Sky Harbor Airport in Phoenix, Arizona, has been the filming site of several pornographic movies. The movies, which are professionally done, show women performing sexual acts including intercourse in some of the public areas of the airport. Although 40 million people pass through the airport each year it does not seem like anyone has witnessed the sexual acts as they are occurring.
]]> According to the Phoenix police spokesperson porn is not illegal nor is sex in public places unless it is witnessed by a third individual who then files a complaint. This is in almost direct opposition to the statement issued by the County Attorney office which stated that under Arizona law anyone who is paid to appear in porn may be guilty of prostitution. Even though the office released the statement currently no cases have been brought against those producing porn using actors 18 or older.It seems unlikely that an investigation into the matter will occur. Although, it is possible that a visitor to Phoenix may see more than they intended to when stepping off an airport elevator.
Source: ABC15, "Sex videos shot at Sky Harbor?," Steve Irvin, Feb. 26, 2013
]]>Arizona has become a source state for those looking to purchase weapons illegally. In 2011, the ATF confiscated over 8,000 guns that were traced back to Arizona. Many of those weapons were used in crimes or found at crime scenes. Last year , prosecutors charged 487 people for carrying weapons as a prohibited possessor. The number of alleged criminals found to be in possession of a firearm has increased by approximately 74% in the last decade.
]]> Being convicted of possessing or using a firearm illegally carries with it stiff penalties. For many felons it is a violation of parole and can result in them having to return to serve out the rest of their sentence. Even felons in possession of a firearm who have completed parole and probation are restricted from owning firearms and will face jail time if found in possession of a firearm.No situation is simply black and white, and there are times when the safety of one's self and family outweigh potential consequences. Those who have been convicted of a felony, especially a violent felony, should take extra care to avoid possessing a firearm or being placed in a situation where a firearm could even be thought to be in their possession.
Source: KVOA.com, "'Prohibited possesors' up 74 percent in Pima County," Lupita Murillo Feb. 11, 2013
]]>An Arizona court of appeals overturned a superior court judge's decision regarding a DUID case. The man involved in the case tested positive for an inactive marijuana metabolite. The metabolite can stay in a person's body for weeks and does not indicate that the person is currently impaired. In overturning the superior court decision, the appeals court relied on the vague legislation which specifically mentions "metabolite" but fails to identify which particular metabolite. The defense in the case argued that the legislation meant the metabolite that indicates current impairment. The appeals court disagreed, instead choosing to read it as a flat ban on any substance regardless of its ability to impair.
]]> The appeals decision in this case can be appealed to the Arizona's Supreme Court, which could then make a binding decision on all of Arizona. If the Supreme Court does not review the case, there are likely to be other similar cases in the future. In this case the legislator can release a clarification of the statute eliminating the ambiguity of the word "metabolite."If the decision is allowed to stand, it could mean that those engaged in a lawful activity weeks earlier can be arrested for driving even if they are not impaired.
Source: Stop the Drug War "AZ Court Says You Don't Have to Be High to Get a DUI," Phillip Smith, Feb. 14, 2013
]]>In an effort to address the problem, Arizona has enacted harsh laws against metal theft. While such theft is already a felony offense, Arizona's House Commerce Committee is considering a bill to more severely punish those charged with stealing metal, increasing the charge to a Class 2 felony if the theft is considered to jeopardize public safety.
]]> In addition to even more severe penalties for metal thieves, the proposal would also create a new real-time theft notification system. The proposed reporting system would allow police to send detailed descriptions of stolen property to all recycling centers in a 100-mile radius. Recycling centers which are not part of the system could be shut down by police.Under current Arizona law, an individual is charged with a class 2 felony only when the value of the allegedly stolen property is $25,000 or greater. Further, allegations of selling scrap metal for substantially less than its fair market value could lead authorities to infer that the seller was aware that it could have been stolen. Yet one might think, by the way some lawmakers are connecting metal theft with greater social problems and threatening to shut down businesses, that there are not currently any laws against it.
The fact is that anyone accused of metal theft - perhaps merely as a result of selling scrap metal to a recycler for too low a price - already faces serious penalties. Arizona residents charged with a felony related to metal theft should consider working with a criminal defense professional to defend against these charges.
Source: KTAR, "Arizona lawmaker pushing for harsher metal theft laws," Jim Cross, Feb. 6, 2013
]]>A woman is on trial in Arizona for allegedly attacking and killing her boyfriend. The 32 year old woman stands accused of shooting, stabbing and slashing her boyfriend when he tried to end their relationship. While none of the alleged murder weapons have been recovered a .25 caliber gun was used in the murder, the same caliber of weapon the defendant's grandparents had reported stolen days before the murder. While the woman initially denied being present at the man's house on the day of the murder, time stamped photographs of the man alive and dead were found on the woman's phone. Prosecutors are making the argument that the woman planned to kill her boyfriend after learning of his pending trip to Mexico with another woman.
]]> The murder charge, while the most serious because of the potential of making the woman Arizona's fourth female death row inmate, is also the hardest to prove. In criminal court the standard of proof to prove a charge is beyond a reasonable doubt. It is standard practice in many cases to include lesser charges that may be easier to prove. Since the weapons were not located it is unlikely that any weapon charges are filed against her.All defendants are innocent until proven guilty. As such it is up to the prosecutor to prove their case before a judge or jury.
Source: New York Daily News, "Jodi Arias begins defense in Arizona trial for the brutal, bloody murder of her lover," Adam Edelman, Jan. 29, 2013.
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