So I’ve been convicted of a crime. Can I still vote in Arizona in 2020?
In Arizona, any person convicted of a felony crime automatically loses the right to vote. Unfortunately, nothing can be done to prevent this.
However, if this was the person’s first felony conviction, he or she automatically regains the right to vote when s/he either completes probation or receives a final discharge from the Department of Corrections. Also, the person must have paid any outstanding victim restitution. Fortunately, the person no longer needs to pay remaining court fines before his or her right to vote is restored. Please note: once voting rights are restored, it does not necessarily mean that the person is actually registered. So be sure to register to vote again!
It is more difficult to recover voting rights for a person with a prior felony on his or her record or if the person has been unable to fully pay restitution. Instead of automatic restoration, the person must apply to the court in which s/he were convicted. Although the application is free, the judge is not required to grant it. Also, if the person was incarcerated for his most recent felony conviction, s/he must wait 2 years before applying. And the person must submit a certificate of absolute discharge from the Arizona Department of Corrections. You can find more information about the certificate of discharge.
This is only a summary of Arizona’s very new felony voter rules as they apply to Arizona State court convictions. For more information and assistance with restoring your voting rights, please consult with an attorney.
A search warrant is the gold standard and basic prerequisite for conducting a legitimate search of a person or her home. One exception to the rule – the “search incident to arrest” – permits the police to search the person of a suspect who has been arrested. But a recent Federal Court of Appeals case holds that the police may search even before a person is arrested. How is this possible?
The Fourth Amendment protects our privacy from unwarranted police intrusion and surveillance. In most cases, it requires the police to obtain a search warrant from the court, which ensures that an independent magistrate reviews the evidence and determines that the search is justified.
One exception to the warrant requirement is called “search incident to arrest.” When the police arrest a suspect, they may search her person for weapons and evidence without a warrant. The justification for this exception is the safety of the officers, who must immediately transport the suspect to a police station for booking. Also, a suspect facing charges is more likely to conceal or destroy evidence.
But in a recent Ninth Circuit decision, the Court affirmed that the police may conduct the warrantless search even before arrest, provided it occurs not long before. Although this follows from existing precedent, we agree with the Judge who urged the Ninth Circuit to reconsider its earlier decision. The danger to the officer rises at the time of arrest, not before. Also, a suspect is more likely to dispose of evidence when arrested, not at some earlier time. Even worse, authorizing a search before arrest creates perverse incentives. For example, at a traffic stop, an officer could search the person of a driver knowing that, if anything incriminating turned up, the officer could then arrest the driver for a traffic infraction. The law should not encourage such indiscriminate invasions of the public’s privacy.
Many times when a person is pulled over by the police in his or her automobile, the police will search the vehicle the person was driving without a warrant, and without permission. Today we will talk about warrantless vehicle searches.
Arizona’s new sealing statute is a powerful way for people who have been charged or convicted of many common offenses, to be able to say “no” in many instances.
Diversion is a recognized court procedure, common in Arizona, but that is discretionary, and controlled entirely by the prosecutor, but that when offered and completed allows you to have all criminal charges entirely dismissed
In Arizona, “Aggravated Assault” charged under ARS § 13-1204 is a Class Four Felony, and in some cases with mandatory prison.
DUI or domestic violence police misconduct even if not resulting in grievous misfortune can sometimes provide a helpful remedy for the criminally accused.
About Michael Harwin
Michael’s skill and experience have been recognized repeatedly. He holds an A-V 5/5 preeminent rating by Martindale Hubbell. He has been named one of the top lawyers in Arizona by Southwest Superlawyers, and one of the best lawyers in Tucson by Tucson Lifestyle Magazine. He also has been named one of the best lawyers in the United States by BestofUS.com , and given the highest rating possible by AVVO, 10/10 Superb. Amazon Books