Tucson DUI & Criminal Defense Blog

Arizona has one of the highest incarceration rates in the United States and remains out of step with sentencing reform trends across the country despite some baby steps this summer.

Federal employees are not shielded from criminal prosecution just because they were “following orders.” In recent news, several diplomats testifying before Congress reported that they were ordered by the President or his representatives to engage in activities that the diplomats believed were in violation of federal regulations and potentially illegal.

The New York Times recently published an article challenging the reliability of breath tests used in DUI prosecutions nationwide. While the reporter appeared to conclude that breath tests could be reliable, the article also found that they often could not be counted upon in practice. Problems occurred in Massachusetts, Pennsylvania, Washington and numerous other states, and affected breath test equipment manufactured by almost every leading company. In some states, fundamental flaws in breath testing have led to the dismissal of thousands of convictions.

Almost any kind of intentionally loud and disruptive behavior could be construed as criminal disorderly conduct, and a disorderly conduct charge can happen to anyone who gets a bit rowdy, especially when alcohol is involved.

The Courts continue to grapple with the difficult question of fairness in university and college student discipline cases, especially when students are accused of serious misconduct (such as nonconsensual sexual conduct) and face expulsion or long-term suspension. On the one hand, all students and other members of an academic community are entitled to a safe campus environment. On the other, accusations of serious misconduct can badly damage a student’s reputation and result in the loss of educational and career opportunities. In short, the stakes are inevitably high.

There are several new “kratom” cafes and shops in Tucson. Before you try out one of these new places, you should know that if you are under the influence of kratom and your driving is impaired, it is possible to get a DUI or reckless driving charge in Arizona.

Did you know that the judges deciding most immigration cases – including serious asylum matters – are employees of the Justice Department and not independent judges like the ones who handle criminal or civil cases? Most people don’t. Even the judges hearing initial immigration appeals are Justice Department employees. Under a new streamlining rule, however, even these judges may not have the final say in the life-and-death decisions affecting people in the immigration system.

Since the beginning of Operation Streamline in 2005, thousands of migrants have been criminally convicted under 8 U.S.C. 1325 and 1326, for unlawfully entering the United States. Other than a few cases appealed on procedural grounds, the vast majority of these cases are dispensed of within a matter of minutes, hence the name “Streamline.” But, a defendant recently appealed his conviction all the way to 9th Circuit Court of Appeals, successfully arguing that he did not “elude” inspection when he crossed without inspection in a remote area of the border.

Electronic communication plays some role in almost all modern accusations of stalking or harassment. In Arizona, a person could be convicted of harassment or stalking solely based on electronic communications. Unlike verbal harassment, victims of cyber harassment often keep the electronic records of communication that definitively identify the perpetrator and preserve his or her every word.

There are conflicting studies as to whether a confident eyewitness is actually a more accurate eyewitness, so some jurisdictions now instruct jurors not to give more weight to an eyewitness identification just because the eyewitness seems confident.