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

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?

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.”

Read: Arizona Standard Conditions of Probation Now Include Warrantless Cell Phone Searches

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

What is Prosecutorial Stacking of Charges?

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.

Read: What is Prosecutorial Stacking of Charges?