Sealing Records Under Arizona’s New Law

Criminal records of arrests, even where charges are dismissed, and almost all convictions, even for minor offenses, can and do follow a person for years, impacting professional lives. Arizona as most you are probably aware by now is one of the states that does not generally offer true expungement of most adult criminal convictions and heretofore provided only limited relief for wrongful arrests where charges were dismissed, or where the matter involved only possessory amounts of marijuana

Read: Sealing Records Under Arizona’s New Law

DUI: The Police Gave Me Roadside Tests: What do they Mean?

Many of my clients, and their families, report to me at the first meeting that the police gave them “tests” at the roadside. They have little or no idea what these tests are about. But often, my client swears that she “passed” or at least thought she did well on these tests . Today I’m going to talk a little bit about the first of these roadside tests given thousands of times a year here in Tucson, what they mean to you, and why sober people routinely fail them.

Read: DUI: The Police Gave Me Roadside Tests: What do they Mean?

Arizona Sleeping in Car & DUI Arrest: What You Should Know

A person is parked sleeping in is car. In a lined parking space, in a lot. Transmission in “park.” But the engine is running and the A/C is on. It’s 1:30 AM. This person is woken up by the police and then arrested for DUI even though he was not technically “driving Seems unfair? It is. This blog is to show you why this happens in Arizona and what to do about it.

Read: Arizona Sleeping in Car & DUI Arrest: What You Should Know

UofA Students Arrested in the Dorms: What You Should Know

First, understand that in the dorms, your child’s privacy rights as a practical matter are left at the key-carded entrance. And that the Resident Assistants rather than acting as your child’s “assistants,” actually serve as de-facto auxiliaries of the University of Arizona Police. In the vast majority of cases, it is the Resident Assistants themselves who make the call to the Police about your child. And they do so for relatively minor occurrences it seems—when for example an RA thinks she smells marijuana creeping (“emanating” the Police like to call it, the RA’s adopting the police verbiage) out from under your child’s dorm room door, or suspect usually correctly mind you that there’s underage drinking going on behind that door, or when they hear what they think behind that door is heated argument your daughter might be having with her boyfriend.

Read: UofA Students Arrested in the Dorms: What You Should Know

You Rights During a Tucson DUI Investigation: Devlin v. Browning

In Devlin v. Browning in and for County of Pima, a Tucson DUI officer claimed he saw Devlin speeding at about 2:00 AM eastbound on Broadway, and stopped him for that reason. 249 Ariz. 143, 145 (App. Div. II 2020) The officer claims he smelled alcohol when he approached Devlin seated in his car, and that Devlin had “bloodshot watery eyes.” Devlin admitted that he’d been drinking. So, instead of simply giving Devlin a speeding ticket, the Officer began a DUI investigation, and eventually arrested Devlin for DUI.

Read: You Rights During a Tucson DUI Investigation: Devlin v. Browning

Pima County Preliminary Hearings and Grand Jury Indictments Felony Criminal Procedure

A preliminary hearing is the ostensible first stop in the system of supposed checks and balances embedded in the concept of criminal prosecution and justice . The thinking is—when a person is charged with a serious crime—any felony—the criminal justice system isn’t going to simply take the word of the police officer[s] doing the arrest (in misdemeanors that’s the case). Because felonies are so serious there should be at the least, a brief hearing after release before a “neutral and detached” magistrate, to kind of check the work of the police officer—to independently review in summary fashion the initial evidence gathered.

Read: Pima County Preliminary Hearings and Grand Jury Indictments Felony Criminal Procedure

You’ve Been Arrested for a Felony in Pima County: What Happens Next?

You or someone you care about was just arrested for a felony in Pima County. So you ask: What comes next? This article will give you a general overview of what happens and what to expect Booking & Initial Appearance In Pima County, all police departments, including Marana, Oro Valley, and Sahuarita, use the central […]

Read: You’ve Been Arrested for a Felony in Pima County: What Happens Next?

The Prosecutor Failed to Give Me Evidence: Three Things You Can Do

Today we are going to talk about other rights, the rights you have to “prompt” “timely” “disclosure” of basic materials—your police reports, the results of any chemical testing of bodily substances, photographs, videos, audio records and a host of others. Today I’m going to focus on videos, photos, and audio recordings because they are ostensibly readily available (in other words there is no further testing that has to be completed at a crime lab). And three things you can do where the prosecutor has failed to timely disclose important evidence.

Read: The Prosecutor Failed to Give Me Evidence: Three Things You Can Do

Your DUI Case is Two Years Old: Three Things You Do.

During the COVID pandemic courts here in Arizona, in Pima County and in Tucson were temporarily closed, limited or cancelled. Almost all matters, especially for those out of custody, were continued interminably. For some time there were no jury trials, at all, no evidentiary hearings, sometimes not even any pretrial conferences. Cases languished. If you have one of those cases—one that has been pending for over a year. here’s some positive thoughts about what you can productively do.

Read: Your DUI Case is Two Years Old: Three Things You Do.

Domestic Violence for Professionals – Part IV – Fingerprint Clearance Cards: Teachers & Nurses

Today we’re going to talk about some a common professional consequence that attach soon after arrest for a domestic violence related crime, including misdemeanors: Suspension of Fingerprint Clearance Cards.

Read: Domestic Violence for Professionals – Part IV – Fingerprint Clearance Cards: Teachers & Nurses