In Arizona, drug paraphernalia is a broad term used to describe a vast array of objects that can be used for growing, harvesting, manufacturing, testing, storing, containing, or concealing an illegal drug or used for injecting, or ingesting an illegal drug into the human body.
This blog will discuss how the career criminal designation affects drug offenders and a recent holding in the DC Circuit Court of Appeals case, U.S. v. Winstead, that could reduce the number of drug offenders who are sentenced as “career criminals.”
If you are pulled over, you will need to decide what to do, based on your individual circumstances. Whether you decide to politely exercise your rights to remain silent and to counsel before making any decisions, or comply with all the officer’s requests, if you are truly impaired then it is highly likely you will be charged with DUI.
There has always been some uncertainty as to what crimes could constitute a “crime of violence” and thus an aggravated felony, for immigration purposes. This is a serious issue because an alien that is convicted, at any time, of an aggravated felony is deportable. In a long awaited decision, the Supreme Court recently held, in Sessions v. Dimaya, that one of the statutes affecting deportable aggravated felons is vague enough to be unconstitutional.
At the U.S./Mexico border, CBP has extremely broad powers to search vehicles. At primary inspection, the officer will assess not only your legal status to enter the U.S., but also whether you are bringing any type of contraband into the U.S. Your vehicle may be subjected to radiation detection, a dog may sniff your car, and an officer may also look around your vehicle or knock on your vehicle to check for hidden contraband or compartments.
It is firmly established in case law that when a suspect is arrested, their cell phone cannot be searched without a search warrant, subject to some very narrow exceptions. However, the rules regarding cell phone and laptop searches at the border are much less restrictive.
Federal sentencing guidelines use a system of “levels” to determine the range of jail time that offenders serve, based on the severity of the crime. A specific “base” level, from 1-43, is determined for each crime and that base level is the starting point for determining the minimum jail sentence an offender is likely to receive.
Over the past decade there had been a laudably bi-partisan effort to reduce the exploding prison population, particularly for drug offenders. But that era of leniency seems to have come to an abrupt halt.
Tough on crime statutes, passed by Congress, have long been on the books. However, in the recent past, Federal Prosecutors, using some discretion, occasionally side-stepped such harsh laws, particularly during the Obama years.
University of Arizona students and parents, often out-of-state, call us with urgent questions. Far too often a student has been caught in one of the dorms, typically Coronado,smoking marijuana, or lately an extract commonly known as “wax” (Butane Hash Oil). Eighteen years old, with no prior criminal record, the student is summarily booked into Pima County Jail, where he spends the night. Here’s five things you should know.
As a result of U.S Attorney General Jeff Sessions’ recent announcement, about renewed enforcement focus concerning federal marijuana laws, despite state legalization, Arizona’s Medical Marijuana Laws have been back in the news. Here’s a recap of current thinking and recent legal developments.