Domestic Violence for Professionals – Part III – Asserting Victims’ Rights to Influence Outcome

Today we’ll talk about how victims may also influence the final outcomes of domestic violence criminal proceedings in Arizona, particularly in relation to a putative offer of “diversion.”

Read: Domestic Violence for Professionals – Part III – Asserting Victims’ Rights to Influence Outcome

Domestic Violence for Professionals – Part II – Victims’ Bill of Rights In Arizona

Today we continue, introducing you today to the Arizona Victims’ Bill of Rights. We discuss herein how the Arizona Victims’ Bill of Rights may be in some cases actually helpful to defendants whose victims do not want the defendant prosecuted or restrained. In other words, we discuss how a cooperative victim may use the Arizona Victims’ Bill of Rights to make her voice heard on release conditions, case management, and potentially outcome.

Read: Domestic Violence for Professionals – Part II – Victims’ Bill of Rights In Arizona

Domestic Violence for Professionals – Part I – The Arrest, Initial Appearance & Arraignment

If you are a licensed professional, serve in the military, hold security or access clearances, or need to carry or handle a firearm for your job, domestic violence charges, even if later dismissed, can alter your career trajectory.

Read: Domestic Violence for Professionals – Part I – The Arrest, Initial Appearance & Arraignment

How to Clear an Arrest Record in Arizona

A few blogs back, you and I spoke about clearing your Arizona record of conviction through various machinations, at least setting it aside, or sealing it, and in some happy cannabis cases expunging it completamente.

Read: How to Clear an Arrest Record in Arizona

HOW TO AVOID A DUI THIS HOLIDAY: PARKED CARS

Pull all the way off the roadway into a parking log, and park correctly in the lot if possible
If it is not too hot or too cold, turn off the engine and take the keys out of the ignition
If possible, sleep in the back seat, or the passenger seat.
If you are sleeping in the driver’s seat lean the driver’s seat all the way back
Text or email or call somebody to tell them that you have pulled off the roadway to sleep

Read: HOW TO AVOID A DUI THIS HOLIDAY: PARKED CARS

Can Police Chase You Into Your Home Without a Warrant?

The Supreme Court in a 9-0 opinion held first that “when a minor offense alone is involved, police officers do not usually face the kind of emergency that can justify a warrantless entry into the home.

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How to Completely Avoid DUI Jail Time

First, let’s figure out what kind of DUI it is. They’re usually misdemeanors unless there’s been an accident, had children under 15 in the car, or you’ve had problems in the past. Most of the time when they give you a citation and let you go home it’s a misdemeanor.

Read: How to Completely Avoid DUI Jail Time

When do the Police Have to Advise Me of My Miranda Rights

First of all, there is no absolute requirement that police ever have to give you Miranda warnings, when they arrest you. Only if they want to question you. Sometimes the police simply arrest you and don’t bother with the warnings and then don’t try to use your statements.

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Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?

On October 21, 2020, three months ago now, the President of the United States signed into law, maybe the only truly bi-partisan accomplishments of Congress over the last few years: The Due Process Protection Act of 2020 (“DPPA”) P.L. No. 116-182, 134 Stat. Ann. 894.

Read: Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?

Can I Get a DUI While My Vehicle is Parked

Today we’re going to talk about parked cars. Police sometimes approach you when you’ve legally parked a vehicle and are using it as a stationary shelter—i.e., you’ve had too much to drink perhaps, and you decide to pull off the road. Or not get on it in the first place. You’re doing the right thing—what the law says you should do. But then the police come upon you, claiming that it was a “check welfare” and arrest you for DUI even though you weren’t actually driving.

Read: Can I Get a DUI While My Vehicle is Parked