Relief from Convictions: Arizona’s New Certificate of Second Chance Provision

It is truly, at least in my rudimentary thinking, a remarkable, especially given our state’s political history, and monumental step forward, our legislature pulled along by the national current trending downstream toward criminal justice reform.

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Arizona’s Two New Expungement Laws: Marijuana & Other Crimes

So, we all know at this point that if you have a conviction for simple or felony marijuana simple possession in Arizona, you can now do something about it. July 15, 2021 is when the rush to the courthouse started. If you haven’t heard the news yet, this article might be helpful. But even if you know about the marijuana expungement law, yu probably what you still haven’t heard is that there’s another new provision: In theory, if you have an old Arizona conviction for nearly anything except violent or sexual or some firearms offenses, there’s something you may be able to do about in the next 18 months. It may not be gone completely, but it could be sealed. For you folks, I am pretty sure this article will be helpful. Finally, if you have an arrest record popping up, even though the charges were dismissed, this article might also be a little helpful.

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Misdemeanors in Federal Courts

For those of us who live near or spend our some of our vacation time in these Western States, dominated by beautiful federally-controlled lands and enclaves —millions and millions of acres of National Forests, National Parks, National Recreation Areas, National Wildlife Refuges, to name a few– some of us have had close encounters, not with Grizzly Bears or ravenous packs of Coatimundis, but with the occasional lone straw- hatted bi-ped, suited in green, badged and armed, spilling copious carbon emissions from the tailpipe of his idling green truck, and wielding his little ticket book.

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Wrongfully Convicted in Arizona: Five Things you Should Know

Arizona courts don’t appoint public defenders or indigent defense attorneys on misdemeanors generally unless the prosecutor is looking for jail time. That means that people facing domestic violence cases many times don’t get a lawyer.So sometimes good people think they are making a good cost-effective and harmless choice by taking a plea early, and uncounseled in what they think is a nothing case, only to find that they lose their job over it, they get rejected from college, they get deported, or they experience some other unforeseen disaster.

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Do I Have a Right to a Lawyer in a Misdemeanor Criminal Case

The Sixth Amendment of the United States Constitution provides each person investigated or arrested by the police, or charged with a crime, the right to an attorney at “all critical stages of proceedings.” A few things to keep in mind at the outset.

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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.

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Loss of Airport Access Credentials -Secured Identification Display Area (SIDA) badge

In 2015, TSA performed almost 13 million employee screenings for individuals requesting unescorted access to secured areas in airports. These credentials, called Secured Identification Display Area (SIDA) badges are necessary for everyone from pilots to janitorial workers that need regular access to areas in the airport that are behind the security checkpoint. While terrorism concerns provide the main justification for this coveted credential, the criminal history disqualifications are much more likely to affect your average applicant or employee.

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Arizona Standard Conditions of Probation Now Include Warrantless Cell Phone Searches

Recently, the Arizona Supreme Court ruled that probationer’s cell phones are included in the definition “property” that is subject to warrantless searches and seizures, as long as the search is “reasonable under the totality of circumstances.”

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SCOTUS Resolves Circuit Split and Rejects 9th Circuit’s More Lenient Cancellation of Removal Standard

Immigration law is full of confusing jargon and seemingly contradictory statutes. One confusing concept is that of “inadmissibility.” On its face, inadmissibility would seem to mean that one who is ineligible to be “admitted” to the U.S. is “inadmissible,” but this term also applies to aliens within the U.S. who have committed one of a number of offenses. In other words, you do not have to be seeking admission or denied admission, once you have committed a qualifying offense, you are “inadmissible”.

Read: SCOTUS Resolves Circuit Split and Rejects 9th Circuit’s More Lenient Cancellation of Removal Standard