Tucson DUI & Criminal Defense Blog

In Arizona, repeat felony offenders face harsher sentencing guidelines than first-time offenders. When prosecutors “stack” charges, defendants can be sentenced as repeat offenders even if the defendant has no prior convictions. Under current guidelines, as long as a prosecutor can prove that crimes were committed on separate occasions, the crimes can be prosecuted in the same trial but for the second and subsequent offenses, the defendant is sentenced as a repeat offender.

Even the most experienced immigration lawyers can sometimes be completely baffled as to why USCIS denies a particular petition, especially when USCIS claims the applicant committed some type of fraud. In these cases, it can be very difficult to obtain the exact information which led to the finding, which also makes it difficult to develop a strategy for appealing the decision.

Yes! Jurisdictions all over the country are faced with cases of individuals using or threatening to use Covid-19 as a “weapon” to harm others. You may have seen the now viral video of a woman who was seen coughing on produce in a grocery store, but that is only the tip of the iceberg and different jurisdictions are handling these situations in different ways.

The Paycheck Protection Program is supposed to protect small businesses that otherwise might not weather the COVID-19 economic storm by providing low-interest forgivable loans primarily intended to preserve employment. The very smallest businesses – self-employed people and independent contractors – are also eligible. Unless, that is, the person has a felony conviction, even though it is precisely these people who have the greatest difficulty finding employment after serving their sentence.

There are clear rulings from the Courts regarding the responsibility of defense attorneys to inform their clients of the potential immigration consequences of a plea deal in a criminal case, and a slew of cases where the Court made “ineffective assistance of counsel” findings under these circumstances. Still, there have not been as many precedent cases clearly addressing errors made by immigration attorneys in immigration cases. Last week, the 9th circuit ruled in favor of an applicant for permanent residence in Peters v. Barr, who was caught in a 14-year-long “bureaucratic nightmare” due to the action (and inaction) of her immigration attorney, back in 2006.

It is unknown whether any Arizona law enforcement agencies are using the new facial recognition technology sold by a company called Clearview AI, but since over 2200 entities are using this technology, it is highly likely it is being used here in Arizona.

We hope you are all well. We’ve had a lot of questions lately about court appearances in Tucson on criminal matters in light of the National and State Emergencies. For the most part, other initial appearances after custodial arrest, and certain in-custody matters and orders of protection, most criminal matters in Tucson are temporarily continued, at least for the next few weeks, as we explain below. A couple things to keep in mind:

The Arizona state courts may have signaled a new willingness to intervene in campus sexual misconduct cases this past week in a case called Doe v. Arizona Board of Regents. Campus sex cases are fraught with controversy. On the one hand, Universities should provide a safe school environment and equal access to education. On the other hand, many worry that due process has been swept aside in a rush to condemn individual students and assure the public that something is being done.

Consenting to Blood Draws: When the police tell you the consequences of refusal, they don’t automatically make your consent “involuntary,” says the Arizona Supreme Court. In virtually every DUI case, the police request that the driver voluntarily submit to a post-arrest breath or blood test. These requests occur in coercive circumstances, e.g., the driver may be handcuffed and in the back of a police vehicle. But Arizona law also incentivizes blood draws by penalizing drivers who refuse testing with a one-year license suspension and requiring the police to explain these consequences in real time before requesting consent.

If you are not a U.S. citizen and you are charged with a crime, you might eventually need an immigration attorney. But, your criminal defense attorney is legally obligated to advise you of the “clear consequences” of any plea deal.